Cissy Chantel Mae Russell v. State of Indiana (mem. dec.)
90A02-1602-CR-355
Ind. Ct. App. Recl.Nov 15, 2016Background
- On Sept. 23, 2014, Cissy Russell (from Connecticut) was found by a neighbor at the rear of Kelly and Andrew Gartin’s house in Wells County, Indiana; the Gartins had left the unlocked home that morning.
- Russell’s silver pickup was stuck in mud near the house; its bed held large objects covered with blankets; Russell gave inconsistent explanations for her presence and appeared nervous.
- After Russell left, the Gartins discovered multiple items missing, including a gun safe and other valuables; some stolen items were later found dumped near a trail in Canal Fulton, Ohio.
- Law enforcement obtained Russell’s Verizon cell‑phone records (State’s Ex. 23) and Detective Betz prepared a map summarizing location data (State’s Ex. 24) showing calls near Canal Fulton and a Portage County gas station on Sept. 24.
- Russell was charged with Level 4 felony burglary; at trial the court admitted the cell records and the summary map (over Russell’s foundation objection); a jury convicted her.
Issues
| Issue | State's Argument | Russell's Argument | Held |
|---|---|---|---|
| Whether admission of Exhibit 24 (map summarizing cell‑phone locations) was proper | Map summarized voluminous, already‑admitted Verizon records; Betz used specialized training to aid jury understanding; admissible under Evid. R. 701 and 1006 | Insufficient foundation for map; underlying RTT data weren’t admitted | Admission was not an abuse of discretion; map admissible as summary and witness testimony was proper under R. 701 and 1006 |
| Whether evidence was sufficient to convict Russell of burglary | Circumstantial evidence (presence at scene with covered items, conflicting statements, cell‑phone locations, recovered property in Canal Fulton) permitted inference Russell stole items | No direct proof Russell entered the house or possessed stolen property; physical impossibility to move heavy safe alone | Evidence sufficient; jury could reasonably infer Russell committed burglary based on circumstantial proof |
Key Cases Cited
- McCowan v. State, 10 N.E.3d 522 (Ind. Ct. App. 2014) (admission of officer testimony summarizing cell records and mapping locations held admissible)
- Satterfield v. State, 33 N.E.3d 344 (Ind. 2015) (discusses skilled witness testimony under Rule 701 helping jury understand technical records)
- Pratt v. State, 744 N.E.2d 434 (Ind. 2001) (circumstantial evidence may support criminal conviction)
- Rohr v. State, 866 N.E.2d 242 (Ind. 2007) (presence plus other circumstances can suffice to infer participation in crime)
