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Friday, July 17, 2009
Ind. Decisions - "The 2008 murder conviction of Chawknee Caruthers, who was given a 100-year prison sentence, was reversed Thursday"
The Court of Appeals 2-1 opinion July 15th in the case of Chawknee Caruthers v. State of Indiana (ILB summary here) is the subject of a story today by Laurie Wink in the Michigan City News-Dispatch. Some quotes:
A jury found Caruthers guilty of the Sept. 15, 2007, shooting death of Karim Turner in a case of mistaken identity. Caruthers maintained his innocence, claiming it was an unintentional shooting. He earlier had gotten into a fight with Santana Miller and said he was out looking to shoot Miller to get even. Caruthers saw Turner standing with a group of people in front of a house and thought it was Miller. He pulled a handgun from his pocket and fired several shots.La Porte County Prosecuting Attorney John Espar said he was surprised by the decision. The Indiana Attorney General's office has already agreed to ask the Indiana Supreme Court to hear the case, Espar said. Since the appellate judges ruled that double jeopardy did not apply, Caruthers can be tried again on the same charges.
If the Supreme Court decides not to hear the case, Espar said he would pursue another trial.
"The state's hope is the Supreme Court will correct the conclusion reached by the appellate court and reverse the decision," Espar said. "Until the appeal process runs its course, he still stands convicted." * * *
Caruthers' attorney James Cupp filed an appeal based on what was termed "ineffective trial counsel" and the court's failure to interview witnesses after Cupp said some jurors felt intimidated by actions of Caruthers' family and the family of the deceased, Karim Turner. In addition, according to the court record, Cupp argued in the appeal that not enough evidence was produced to support a conviction.
In response to reports of jury tampering during the week-long trail, Lang had arranged for extra security and a provided a special parking area for jurors. The appellate court noted that the judge failed to interrogate the jury about the intimidation after Cupp mentioned it.
Lang said Thursday that typically, when the defense attorney doesn't object to the judge's decision, the right to object is considered waived. However, she did not want to make further comments on the case because of a possible appeal.
"This is how our legal system is set up," Lang said. "I respect the decision of the appeals court."
Posted by Marcia Oddi on July 17, 2009 12:19 PM
Posted to Ind. App.Ct. Decisions