II. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. Pay particular attention to Mr. Percy. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of, Percy's credibility because Percy did not testify to either subject. . Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. Douglas Percy. The admissibility of the Crandall murder evidence was contested from the outset. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of Percy's credibility because Percy did not testify to either subject. 1993). Thompson's access to the gun was an important piece of circumstantial proof increasing the likelihood that he was the killer (or at least not excluding that possibility). On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall down and stated that he thought he had broken Crandall's neck. Id. . Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses-the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head-to corroborate Percy's account. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. Accordingly, even where the defendant's involvement in a prior murder is relevant in part, the circumstances of the killing should not be presented unless they too are relevant. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. View the profiles of people named Jerry Thompson. Despite Thompson's actions linking the separate events, the jury was impermissibly left with the reverberating clang of the Crandall murder ringing in its ears, United States v. Merriweather, 78 F.3d 1070, 1077 (6th Cir.1996) (reversing conviction due to erroneous admission of propensity evidence) (internal quotation marks omitted), suggesting that because Thompson killed and robbed Crandall, he must have killed and robbed Hillis and Beeler too. Citing several cases, the State nonetheless urges a more expansive view of the identity exception to include evidence of prior crimes in which an instrumentality used in the current crime was acquired. The State also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity. Because "[a] conviction in a capital case may be based upon the uncorroborated testimony of an accomplice," Lowery v. State, 547 N.E.2d 1046, 1053 (Ind. If the extraneous details, of the killing were inadmissible in Ostrowsky -- a case involving car theft -- the prejudice to Thompson in a second murder prosecution is an a fortiori case. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. Because the State was properly allowed to show that Thompson stole the murder weapon from Crandall, whether Crandall actually had a gun similar to that weapon at the time he was killed was also relevant. According to Percy, on the day of the killings, he and Thompson went to Hillis Auto Sales where, without any forewarning, Thompson shot both victims and Thompson and Percy robbed them. III. Without explanation, the trial court ruled that the conviction was admissible. Join Facebook to connect with Jerry Thompson and others you may know. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. This cause is remanded for a new trial. One of the defendants had killed the possessor of the car (who apparently had stolen the vehicle himself) before the car was driven from Indiana to Illinois. We first examine what went on in the trial court. The State's closing argument was replete with references to the Crandall murder, to the extent that an uninformed reader would assume that Thompson was being tried for the Crandall murder in this case. Leonard v. United States, 378 U.S. 544, 84 S.Ct. Prospective jurors were told the following: Jerry K. Thompson has been convicted of another Murder; that is, a judgment of conviction for the murder of Wesley A. Crandall, Junior, was entered against Jerry K. Thompson on the 15th day of June, 1993, in Henry County, Indiana, in cause #33D019207CF027 The three other aggravating circumstances were: (1) two counts of committing an intentional killing while committing or attempting to commit a robbery, Ind.Code 35-50-2-9(b)(1) (Supp.1990); and (2) one count of committing another murder at any time, Ind.Code 35-50-2-9(b)(8) (Supp.1990). Jerry as Percy Frank's Father as Toby Bart (from The Simpsons) as Duck Carl (from The Simpsons) as Donald Lenny (from The Simpsons) as Douglas Milhouse (from The Simpsons) as Oliver Nelson (from The Simpsons) as Diesel Skipper (from Skipper & Skeeto) as Skarloey Skeeto (from Skipper & Skeeto) as Rheneas Cf. Their BuildZoom score of 92 ranks in the top 32% of 55,949 Colorado licensed contractors. 1978) (evidence of prior robbery was properly allowed where the murder weapon was taken during the robbery and was later found in the house where the defendant was arrested).See footnote 9 The issue, however, is whether that discretion was abused in the quantity and quality of the evidence admitted to corroborate Percy's testimony on this collateral point. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." She testified that in December 1990 she sold Crandall a handgun similar to the alleged murder weapon in this case. As of July 1, 2006 Home Page| They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College Douglas Percy. And, as Evans put it, if the aggravating circumstances are prior unrelated crimes it is necessary that the information of prior crimes be withheld from the jury until the instant case is decided. Evans, 563 N.E.2d at 1259. Join Facebook to connect with Percy Thompson and others you may know. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. Indeed, by the time of closing argument, the State referred to the discrete killings as a "circle" of criminal conduct for which Thompson should be held responsible. Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. Select this result to view Jerry Wayne Thompson's phone number, address, and more. Arguably this prerequisite is not satisfied here. In its opening argument, the State outlined the events surrounding the Hillis and Beeler murders, and then explained Percy's delayed decision to come forward to tell police what he knew about Thompson's involvement. As Brewer held, there was no reversible error in informing the jury of that aggravator before the sentencing phase, even if reading any of the charged aggravators is neither necessary nor a desirable practice in capital cases. See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident Citing Evidence Rules 402 (relevance) and 403 (balance of probative value and prejudice), Thompson argues that the State elicited far more evidence about Crandall's death than was necessary to prove this aspect of its case. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute. The convictions must be reversed because a fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed. Ostrowsky, 501 F.2d at 324. . But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. Thompson was charged and a jury convicted him on all counts. That is not the end of the analysis, however. I don't think a signature, in quotes, is a required. If Percy's testimony about Thompson's taking the murder weapon from Crandall was the permissible "core" evidence showing Thompson's access to the gun, the other details -- an "execution style" shooting, Thompson's conviction for the Crandall murder -- were a penumbra of dubious relevance and potentially inflammatory impact. The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury.5 Brewer, 275 Ind. They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. Id. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.See footnote 4 Although it was proper to inform prospective, jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. Evans, 563 N.E.2d at 1259. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. . United States v. Burke, 948 F.2d 23 (1st Cir.1991) (bootstrapping testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. At oral argument in this Court, the State contended that these details, which were partially corroborated by other witnesses as explained below, were admissible to show Percy's credibility. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: "[Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction . Includes Address (14) Phone (8) Email (7) See Results. Although Percy's account of the Crandall murder in its particulars was uncontradicted and largely unchallenged, the State offered further detailed evidence about those events. This occurred with the apparent assent of all counsel. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses -- the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head -- to corroborate Percy's account. Douglas Percy. 1 . Indeed, the State does not contend that these were signature crimes. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. Police say Jerry Thompson and seven other prisoners were out of their cells for their recreation time Sunday afternoon at the Michigan City facility. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. The pathologist opined that Crandall died from a gunshot wound to the head. See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind.1995). . . See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. . The defense responded that the State was limited by Rule 404(b) to the "least prejudicial" way of proving access to the murder weapon and that Thompson could not be retried for the Crandall murder. What particular parts of this mass might be fair rebuttal will, of course, depend on how the two parties elect to shape the presentation of their principal cases. The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. Even where a prior criminal act is relevant to a material fact, the potential for unfair prejudice dictates that the evidence of the prior misconduct be limited to that necessary to prove the disputed fact. A friend of Percy's, Mike Featheringill, testified that Percy told him that [Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and Jerry shot the drug dealer with a shotgun, execution style.8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. Loveless v. State, 240 Ind. There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. Facebook gives people the power to share and makes the world more open and connected. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. When this mandate is observed, the conviction will not be disturbed. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. Bone.. Looks. . 1995). Thompson was charged and a jury convicted him on all counts. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. View the profiles of professionals named "Doug Percy" on LinkedIn. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. Whether it was necessary to show that Thompson shot Crandall is a closer question, but we need not decide that point because the other material admitted clearly went beyond the pale and requires reversal. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. The serial numbers on the handgun were ground off. In its effort to prove guilt, the State may not flood the courtroom with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). See, e.g., Watson v. State, 540 N.E.2d 598 (Ind.1989) (testimony concerning prior robbery was admissible in murder trial because the defendant had stolen the same type of pistol used to kill the victim); United States v. Day, 591 F.2d 861 (D.C.Cir.1978) (evidence of prior robbery was properly allowed where the murder weapon was taken during the robbery and was later found in the house where the defendant was arrested).9 The issue, however, is whether that discretion was abused in the quantity and quality of the evidence admitted to corroborate Percy's testimony on this collateral point. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. Citing Evidence Rules 402 (relevance) and 403 (balance of probative value and prejudice), Thompson argues that the State elicited far more evidence about Crandall's death than was necessary to prove this aspect of its case. . However, Thompson conceded in his second motion that the State was entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). Benton v. Maryland, 395 U.S. 784, 89 S.Ct. Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. Cf. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Jerry Thompson is on Facebook. However, double jeopardy forbids a retrial -- even where the defendant requests it as here -- if the reviewing court concludes that the evidence is legally insufficient to support the conviction. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. That is not the end of the analysis, however. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. To be admissible under this Rule, Percy's motive to fabricate had to have arisen after the prior statement was made. B. Is proof of that conviction in New Castle, proof of his guilt in this case? After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. 1992). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. There is enormous potential for prejudice in the guilt phase if the jury is permitted to know from the outset, in a murder case, that the defendant is a convicted killer. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. The propensity evidence in this case crossed that line by a wide margin. Even oblique or apparently innocuous references to prior convictions are impermissible. Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. I don't think a signature, in quotes, is a required. Application of the Indiana Rules of Evidence. 3. 1993) (erroneous admission of propensity evidence was not harmless due to prosecutor's "steady drumbeat" of references to the defendant's prior criminal record, especially in closing arguments). 1996). The list of other purposes in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by the first sentence of Rule 404(b) or any other Rule. Ct. App. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The guards noticed a disturbance. Brewer distinguished between aggravating circumstances that are extraneous to the crime currently charged, such as a prior murder conviction, and an aggravating circumstance whose proof turns on the same evidence presented at the guilt phase. He then went to Seattle and graduated from the University of Washington. On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall, down and stated that he thought he had broken Crandall's neck. at 368, 417 N.E.2d at 906. II. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. Percy was the only witness conclusively placing Thompson at the scene. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. Family and friends must say goodbye to their beloved Jerry Thompson of Sweetwater, Tennessee, born in Athens, Tennessee, who passed away at the age of 66, on December 2, 2020. Jerry Thompson & Company, 45927 Cottonwood Hills Dr, Parker, CO (Owned by: Jerry W Thompson) holds a General A license and 1 other license according to the Douglas County license board. Percy testified that Thompson shot Crandall. Our cases have long admonished that "one crime cannot be proved in order to establish another distinct crime even though they be of the same kind. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. . The defense responded that the conviction was: (1) impermissible bolstering of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. "See footnote 8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. Ind.Code 35-50-2-9(b)(1) (Supp.1990). That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. III. Contact us. at 321, were unfairly prejudicial and required a new trial. Thompson's contention is meritless. The trial court began the voir dire, before any questioning had occurred, by reading both the charging information and the death penalty information to all prospective jurors. This occurred with the apparent assent of all counsel. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced . And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Jerry is related to Virginia Ann Thompson . The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. 1995). [1] He is a prolific author of books on a variety of related topics, specializing in the American Civil War, the history of the Southwestern United States, and Texas history. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. Id. Two witnesses-the forensic pathologist and Percy's friend Mike Featheringill-testified to how Crandall died. It also placed Percy himself at each of these crime scenes. He didn't leave witnesses. That's what identifies him with being associated with that gun. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Such evidence is highly prejudicial." Their license was verified as active when we last checked. Douglas Percy. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. In light of this disposition, it is unnecessary to. Id. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. Indeed, by the time of closing argument, the State referred to the discrete killings as a circle of criminal conduct for which Thompson should be held responsible. In March 1992, Percy approached Indianapolis police with . One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. However, double jeopardy forbids a retrial-even where the defendant requests it as here-if the reviewing court concludes that the evidence is legally insufficient to support the conviction. In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. 1990) (citing Brewer). His job was to set up mobile kitchens as the troops pushed forward into France. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. There is no doubt that Percy's credibility was critical to the State's case.
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