Jerry L. Kindred v. State of Indiana
2012 Ind. App. LEXIS 454
| Ind. Ct. App. | 2012Background
- Kindred lived with Barbara Grissom after 2002; A.G. was Barbara's granddaughter/adopted daughter; A.G. alleged molestation during summer 2008 visits.
- A.G. described touching by Kindred in bed, with testimony indicating contact with her vagina over multiple instances.
- Evidence included a 40-minute audio recording and an unredacted 31-page transcript of Kindred’s interview, plus testimony from CPS workers and family members.
- The State sought to impeach A.G. with a prior demonstratively false accusation of molestation; the trial court allowed impeachment under Walton.
- Martin (prosecutor’s investigator) and Fish (CPS caseworker) testified at length about A.G.’s statements and the investigation; their testimony included hearsay and implied credibility for A.G.
- Audio of the interview and testimony by Fish and others were argued to be course-of-investigation evidence, hearsay, or vouching; the trial court admitted most of this evidence without limiting instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of hearsay and vouching evidence denied a fair trial | Kindred: admission violated fundamental fairness | State: evidence proper as course-of-investigation | Fundamental error; reversed and remanded |
Key Cases Cited
- Craig v. State, 630 N.E.2d 207 (Ind. 1994) (court rejected course-of-investigation hearsay reliant on statements that prove facts asserted)
- Winbush v. State, 776 N.E.2d 1219 (Ind. Ct. App. 2002) (course-of-investigation evidence with little relevance prejudicial)
- HogluNd v. State, 962 N.E.2d 1230 (Ind. 2012) (overruled vouching exception for child victims; prohibits expert-like assurances of truthfulness)
- State v. Walton, 715 N.E.2d 824 (Ind. 1999) (prior false-accusation impeachment limited by demonstrative falsehood rule)
- Hernandez v. State, 785 N.E.2d 294 (Ind. Ct. App. 2003) (discussed testing hearsay under course-of-investigation framework)
- Jones v. Basinger, 635 F.3d 1030 (7th Cir. 2011) (federal analysis of course-of-investigation evidence cautioning misuse)
- Stone v. State, 536 N.E.2d 534 (Ind. Ct. App. 1989) (drumbeat repetition concerns in child-molestation cases)
- Modesitt v. State, 578 N.E.2d 649 (Ind. 1991) (concern about drumbeat of testimony before victim testifies)