Franklin Dent v. State of Indiana (mem. dec.)
02A05-1707-CR-1615
| Ind. Ct. App. | Dec 12, 2017Background
- In January 2015 Jessica Fecht moved in with her boyfriend, Franklin Dent, at his Fort Wayne rental home; shortly thereafter her family lost contact and reported her missing.
- Dent traveled to Mexico with family on January 16; he later returned to Indiana in April. After police entered Dent’s home they found a messy house, evidence of an indoor marijuana grow, and a room with a medicine bottle in Fecht’s name.
- On February 5, while the property manager was cleaning the basement, a buried body was discovered in a hole; the victim was identified as Fecht, dressed in lingerie and with a scarf around her neck.
- Autopsy determined Fecht died of asphyxia due to strangulation/suffocation; bruising and abrasions around mouth and nose were consistent with forced suffocation.
- Forensic testing detected Dent’s DNA on cigarette butts recovered from the burial hole, in vaginal swabs from Fecht, and under Fecht’s left-hand fingernail; witnesses testified Dent had expressed fantasies about killing a woman and having sex with the corpse.
- The State charged Dent with murder and altering the scene of death; a jury convicted on both counts and found Dent a habitual offender; the trial court imposed an enhanced aggregate sentence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dent) | Held |
|---|---|---|---|
| Sufficiency of evidence for murder | Circumstantial evidence (burial in Dent’s basement, DNA on victim and at grave, bruising consistent with strangulation, prior statements, flight to Mexico) proves Dent knowingly/ intentionally killed Fecht | DNA and cigarette butts could have been introduced by others; sexual activity/kinks could explain injuries; Mexico trip was family visit, not flight | Affirmed — sufficient circumstantial evidence to support murder conviction |
| Sufficiency of evidence for altering the scene of death | Fecht died by strangulation; Dent buried her in his basement without authorization with intent to hinder investigation | Burial could be explained by others; intent to hinder not proven beyond reasonable doubt | Affirmed — evidence supported conviction for altering the scene of death |
Key Cases Cited
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for sufficiency review; do not reweigh evidence or assess credibility)
- Sallee v. State, 51 N.E.3d 130 (Ind. 2016) (murder conviction may be sustained on circumstantial evidence alone)
- Stokes v. State, 922 N.E.2d 758 (Ind. Ct. App. 2010) (intent and knowledge may be inferred from circumstantial evidence)
- Myers v. State, 27 N.E.3d 1069 (Ind. 2015) (flight is admissible as circumstantial evidence of consciousness of guilt)