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Thread: Jason Brown Sentenced to 55 Years in 2017 IN Slaying of Police Lieutenant Aaron Allan

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    Jason Brown Sentenced to 55 Years in 2017 IN Slaying of Police Lieutenant Aaron Allan



    Lieutenant Aaron Allan




    Police report: Suspect accused of fatally shooting Southport officer identified

    By Fox News

    SOUTHPORT, Ind. – The man accused of fatally shooting Southport Police Department Lieutenant Aaron Allan has been identified.

    A police report says the suspect in this case is 28-year-old Jason Brown, who was arrested on a preliminary charge of murder. Brown and an unidentified individual who was with Brown are in police custody at the hospital.

    Police say the shooting occurred when Allan and a Homecroft Police Department officer responded to the scene of a crash near Maynard Drive and Madison Avenue on Thursday afternoon around 2:30 p.m. The driver crashed through a fence, and the car flipped over.

    As Allan approached the car to render aid to the occupants in the vehicle, Brown allegedly started shooting at the officer, and Allan was hit multiple times. He was transported to Eskenazi Hospital, where he later died from his injuries.

    It is unclear why the suspect fired shots at Allan.

    Police say the Homecroft officer and an off-duty Johnson County reserve deputy, who stopped to assist, returned fire during the incident, striking one of the two individuals in the overturned vehicle. One of the individuals sustained injuries from an officer’s gunshot, while the other suffered injuries in the crash. Those injuries are believed to be non-life threatening, police say.

    During a press conference Thursday, Southport Police Chief Thomas Vaughn said Lt. Allan was a 6-year veteran with the department and he had nearly 20 years of law enforcement experience.

    “Lt. Allan was a hard worker and today was no different. He responded to a crash with urgency to preserve life and tragically his was lost,” said Chief Vaugh. “We appreciate the community support as we continue to work through the loss of our brother.”

    We will continue to update this story with more information when it is made available.

    http://fox59.com/2017/07/28/police-r...er-identified/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    PC: Driver shot Lt. Aaron Allan 14 times, 'as the officer tried to crawl away'

    New details released as part of probable cause

    By Matt McKinney
    WRTV Indianapolis News

    SOUTHPORT, Ind. -- Southport Lieutenant Aaron Allan was shot 14 times Thursday while responding to an overturned vehicle on Marion County's south side, according to new details provided in a probable cause affidavit released Monday.

    Allan was assisting Homecroft Police Department Major C.T. Bowman at the intersection of Madison Avenue and Maynard Drive where a blue BMW had crashed and landed on its top in someone's front yard.

    Upon responding, Bowman said Jason Brown was wedged, upside down, being held by his seatbelt in the driver's seat.

    Allan arrived on the scene to assist, and approached the passenger side of the vehicle.

    The driver was "hysterical," Bowman said. Allan crawled to him from the passenger side and told him to be calm and that help was enroute. Bowman then checked on the passenger of the vehicle, who was standing outside of the car, and a witness to the crash when he heard several gunshots.

    Bowman heard 10-12 shots, then a lull, then 2-3 more.

    A witness who was standing outside the driver's side of the overturned vehicle just before the shooting said he saw Brown trying to reach for something behind his back, according to the probable cause affidavit. He said he saw a pistol and somebody said "gun."

    Another witness who was sitting in the passenger's seat of a car at Madison and Maynard told IMPD he saw the driver point a gun at the officer and fire multiple shots. The driver continued shooting as the officer tried to crawl away, the witness told police.

    Bowman and an off-duty Johnson County deputy both returned fire, striking Brown.

    Bowman called more officers and medics to the scene, who took Allan and Brown to the hospital. Allan was pronounced dead at 3:25 p.m.

    A detective at the scene said Allan had 14 gunshot wounds:

    • Two to the left wrist
    • Two to the left side
    • Two to the abdomen
    • One to the inner left thigh
    • One to the right axilla
    • Two to the inner right arm
    • One to the right wrist
    • One to the back of the right thigh
    • One to the buttocks
    • One to the upper back near the neckline

    A one-quart bag of 13 smaller bags of suspected marijuana were found in the car, as well as a black Springfield XDM-9 pistol. The slide was locked back, and it contained an empty magazine fit to hold 20 rounds.

    Detectives also talked to the passenger of the overturned vehicle, who said Brown began driving fast for an unknown reason when he hit the curb and went airborne. After the crash, the passenger crawled out of the vehicle and was talking to Major Bowman when the shots rang out.

    As of Monday morning, Brown remains at Eskenazi Hospital. He has been preliminarily charged with possession of a controlled substance and murder. His first court appearance is scheduled for Tuesday. Formal charges are expected before that appearance.

    http://www.theindychannel.com/news/c...-to-crawl-away
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Hundreds pay respects to slain police officer, family at visitation

    By Vi Nguyen
    WISH-TV

    INDIANAPOLIS — Hundreds of people got a chance to pay their respects Friday to Southport Lt. Aaron Allan.

    Allan was shot and killed last week
    while responding to a car crash. Police said the driver has been charged with murder.

    The visitation Friday ran from 2 p.m. to 7 p.m. at Crown Hill Funeral Home. People came from around Indiana and across the country, with some officers traveling from California and Texas to attend the visitation and the funeral.

    Many told 24-Hour News 8 they wanted the lieutenant’s wife and children to know they are here to support the family during the days, months and years ahead.

    People waited in line at Crown Hill Funeral Home on a gloomy day to pay their respects to 38-year-old Allan. For those who knew him personally, it was a tough day.

    “Well, honestly guys, it’s day by day. In the morning time, I was cool. When I got here, it was difficult,” said Norman McDuffie, a reserve officer with the Southport Police Department.

    McDuffie said he lost his best friend.

    “A good friend of mine — he was my Monday buddy,” McDuffie said. “We talked about the Pittsburgh Steelers versus his Tampa Bay Buccaneers.”

    McDuffie said Allan left him with nothing but memories, and his time with Allan is something he will never forget.

    “He loved his kids, loved his wife. Let me tell you something: I know you hear this a lot, one of the best friends you could have,” he said. “Dead serious, real nice guy, so it’s hard.”

    People traveled near and far to pay their respects, including Officer Johnny Barron from Fort Worth, Texas.

    “I did meet the wife, Stacy, and the two little boys and let them know that I was from Fort Worth and traveled to be with her and her family and to share the grief the family is going through,” said Barron.

    And the tragedy hits close to home for Officer Roy Moreno, with the Dallas police. Five of his fellow officers were killed during an ambush shooting last summer.

    “I can’t put myself in the family’s shoes, but I can put myself with the other department, as far as what they’re feeling,” said Moreno. “Because that’s what we felt last July, and it’s just a void and heartbreak.”

    But at the end of the day, Moreno said their job is to serve and protect, no matter what.

    “Whether it be in Fort Worth or up here in Indiana, we do the same job,” said Moreno. “We serve and protect; it’s something that we love and when somebody hurts, we hurt with them.”

    A celebration of life for Allan is taking place Saturday at Bankers Life Fieldhouse starting at 11 a.m.

    http://wishtv.com/2017/08/04/hundred...-in-homecroft/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    The Latest: Slain Indiana officer hailed as hero at funeral

    INDIANAPOLIS The Latest on the funeral of a slain Indiana police officer (all times local):

    12:55 p.m.

    A police officer who authorities say was fatally shot by a man he was trying to help from an overturned car was hailed during his funeral as an Indiana hero.

    Several hundred police officers from around the country were among the mourners at Saturday's funeral for Southport police Lt. Aaron Allan at Bankers Life Fieldhouse

    Indiana Gov. Eric Holcomb says hearts are heavy with Allan's death. Holcomb bowed his head at Allan's casket after speaking, then presented a folded state flag to Allan's wife as he spoke with her and their two sons.

    U.S. Joe Donnelly and Southport's mayor and police chief were among other funeral speakers.

    Authorities say Allan was trying to assist 28-year-old Jason Brown after a July 27 car crash when Brown suddenly became agitated and opened fire, striking the officer 11 times. Brown faces murder charges.

    ___

    9:25 a.m.

    Several hundred police officers from around the country will be among the mourners at the funeral for an officer who authorities say was fatally shot by a man he was trying to help from an overturned car in Indianapolis.

    The funeral for Southport police Lt. Aaron Allan is scheduled to begin 11 a.m. Saturday at Banker's Life Fieldhouse. It will be followed by a procession past the municipality's police station on the south side of Indianapolis and back through downtown Indianapolis to Crown Hill Cemetery.

    The 38-year-old Allan was married and the father of two sons.

    Authorities say Allan was trying to assist 28-year-old Jason Brown after a July 27 car crash when Brown suddenly became agitated and opened fire, striking the officer 11 times. Brown faces murder charges.

    http://www.heraldonline.com/news/nat...#storylink=cpy

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    Man accused of murdering cop who tried to help him after car crash could face death penalty

    INDIANAPOLIS — An Indianapolis man accused of fatally shooting a police officer who was trying to help him following a car crash could face the death penalty if he’s convicted in the officer’s slaying, a prosecutor said Wednesday after the suspect made his first court appearance.

    Marion County Prosecutor Terry Curry said his office will decide within about six weeks whether to pursue capital punishment or life in prison without parole for Jason D. Brown, who faces one felony murder count in the July 27 killing of Southport police Lt. Aaron Allan.

    He said his staff will discuss that with Allan’s family, but is giving them time to grieve for the officer, whose funeral was Saturday.

    “We have a police officer who lost his life while trying to assist someone,” Curry said.

    Brown was dangling upside down in his overturned car, his seatbelt engaged, following a crash when he suddenly became agitated as Allan approached to help him and opened fire, according to court documents.

    Allan, a 38-year-old father of two, suffered 11 gunshot wounds and died a short time later. He was a six-year veteran of the police department in Southport, a municipality on Indianapolis’ south side.

    Brown, 28, was hospitalized after two other officers opened fire on him following Allan’s shooting, leaving him with gunshot wounds to the face, left arm and right clavicle.

    Brown’s facial wounds were visible as deputies brought him into court Wednesday for his initial hearing on the murder charge and a misdemeanour marijuana possession charge stemming from marijuana officers said they found in his crashed car.

    Marion Superior Court Judge Sheila Carlisle entered a not guilty plea on Brown’s behalf and asked him several questions, including whether he understood the charges and the penalties he could face. He answered each with “yes, ma’am” or “yes” during the brief hearing.

    Brown’s attorney, Denise Turner, did not return a message left Wednesday seeking comment on the charges her client faces.

    Authorities have not disclosed a possible motive in Allan’s killing.

    Curry said he could not discuss matters that were not addressed in court documents, but he said his office has obtained Brown’s hospital records, including blood and toxicology results, and might they shed light on the circumstances of Allan’s killing.

    A man who was a passenger in Brown’s car told officers he and Brown had just left a gas station when Brown inexplicably began driving at a high rate of speed, court documents state. Brown then began manoeuvring around cars and his vehicle drove over a median, struck a curb and overturned in the yard in front of a home. Brown was hanging upside down inside, secured by his seatbelt.

    The passenger was outside the overturned car, sitting on the grass, when the shooting occurred.

    http://www.edmontonsun.com/2017/08/0...-death-penalty

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    Death penalty sought in Indiana officer's shooting death

    By Tom Davies
    1130 News

    INDIANAPOLIS – Prosecutors said Thursday that they will seek the death penalty against the man charged with fatally shooting a police officer who was trying to help him following a car crash in Indianapolis.

    The decision came about two months after authorities said Jason D. Brown shot Southport police Lt. Aaron Allan. Brown was dangling upside down in his overturned car when Allan approached, court documents said. Brown is charged with opening fire on Allan, who suffered 11 gunshot wounds and died a short time later.

    Marion County Prosecutor Terry Curry said last month that he was weighing whether to pursue capital punishment or life in prison without parole against Brown.

    He said at a Thursday morning news conference that he won’t tolerate attacks on police officers.

    “We may never know” why Brown fired the shots, Curry added.

    A man who was a passenger in Brown’s car told officers that he and Brown had just left a gas station when Brown inexplicably began driving at a high rate of speed, court documents said. Brown then began manoeuvring around cars when his vehicle drove over a median, struck a curb and overturned in the front yard of a home, with Brown hanging upside down inside, secured by his seatbelt.

    The passenger was outside the overturned car, sitting on the grass, when the shooting occurred.

    A nurse who stopped to help told officers that she told Brown not to move because he could further injure himself. She said Brown “became very agitated and belligerent and began cussing” shortly before she heard several gunshots ring out.

    A judge has entered a not guilty plea for Brown, who is charged with murder in the July 27 shooting.

    http://www.news1130.com/2017/09/28/d...hooting-death/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Man accused in Southport officer’s murder appears in court to face death penalty

    INDIANAPOLIS, Ind.-- Jason Brown’s face has healed from wounds after his rollover accident on South Madison Avenue in July, but his outlook was stoic and grim as he was walked in shackles through the basement of the City County Building after being told by a judge that the Marion County Prosecutor wants to see him die for the murder of Southport Police Lieutenant Aaron Allan.

    Brown had just been advised in court that Prosecutor Terry Curry had filed a request to seek the death penalty for the killing of the policeman who peered into the inverted car after the crash and was shot eleven times at point blank range.

    “He’s devastated. He was involved in a very major car accident and there was an officer that ended up being killed. He’s devastated. His family is devastated,” Defense Attorney Denise Turner told FOX59 outside the courtroom following the advisory hearing. “There was a lot of suffering on both sides. Jason’s family. Jason. The officer and his family.”

    Lt. Allan died hours after walking his little boy to the bus stop that morning to begin his first day of school.

    “We do think it is very important that we will send a message that we will not tolerate in any way attacks upon our public safety officers,” said Curry when he made the death penalty announcement. “The inevitable question is, why did this happen? And we do not know and we might not ever know.”

    That uncertainty troubles Monica Foster, a death penalty qualified attorney who has represented more than 30 defendants facing execution for their crimes.

    “How was the killing accomplished? Was it intentional? Was it knowing?” Foster asked. “All of those things bear on whether the prosecution can make the case an aggravation for the death penalty and indeed whether the prosecutor can make the murder case in the guilt phase.”

    Friends told FOX59 that while Brown owned three pistols, he was not prone to violence and had only a minor drug arrest in Hendricks County on his record.

    “First of all you’ve got a defendant who does not have a lengthy criminal history which I think bears upon his criminal culpability and criminal orientation. He’s not a guy who’s out there on the street looking to kill a cop,” said Foster. “He was involved in a traffic accident and was indeed hanging upside down at the time that this occurred which as a defense lawyer leads me to wonder, was he concussing? Had he suffered a head trauma?”

    Curry said his office sought the death penalty with the sole intention of convincing a judge and a jury that it would be an appropriate punishment for the murder of a police officer.

    Foster said such intentions usually give away to a plea agreement in the interest of justice.

    The police officer parents of IMPD Patrolman David Moore told Curry they did not want their son’s killer executed.

    Curry agreed to a plea agreement with Major Davis III in the killing of officer Perry Renn due to the defendant’s diagnosed mental illness issues.

    “Frequently the cases are plea bargained to Life Without Parole or even some lengthy lengthy term of years depending on the facts of the case,” Foster said. “Jurors are increasing rejecting the death penalty in favor of the LWOP even when the cases get there.”

    There are currently twelve people living on Death Row at the Indiana State Prison in Michigan City.

    “It costs millions of dollars to try and execute a person,” said Foster. “The investigation that’s required when death is filed is exponentially larger than any other case because of the qualitative difference between death and even a sentence of life imprisonment.”

    While Brown’s trial has been scheduled for next February, that date will be almost certainly pushed back as his attorney said she still has co-counsel, an investigator and other support staff to hire to prepare a defense.

    http://fox59.com/2017/10/02/man-accu...death-penalty/

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    Applebee’s to raise money for Lt. Aaron Allan’s family Tuesday

    From Staff Reports

    INDIANAPOLIS (WISH) – Just by eating at restaurant Tuesday you could be helping the family of a recently fallen officer.

    That’s because on Tuesday Oct. 10, from 11 a.m. to 9 p.m., a number of central Indiana Applebee’s locations will host a “dining to donate” event for the family of Southport Police Lt. Aaron Allan.

    Customers, when placing their order, should inform the server that they would like to participate in the program. Then 15 percent of the party’s bill will be donated to the program, directly benefiting Allan’s family.

    Applebee’s participating in the “dining to donate” program include those restaurants in Anderson, Avon, Bloomington, Brownsburg, Camby, Carmel, Columbus, Crawfordsville, Edinburgh, Fishers, Frankfurt, Franklin, Greenfield, Greenwood, Indianapolis (Pike Plaza, Castleton, East Washington, Lawrence, and North Willow), Kokomo, Lafayette, Logansport, Marion, Muncie, New Castle, Noblesville, Shelbyville, Speedway and West Lafayette.

    Lt. Aaron Allan was shot and killed on July 27 while on duty.

    Jason Brown, 28, is charged with murder in the shooting death of Lt. Allan. The Marion County Prosecutor’s Office has announced they will be seeking the death penalty in the case.

    http://wishtv.com/2017/10/10/applebe...amily-tuesday/

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    Slain Southport officer's body camera footage won't be released

    By Vic Ryckaert
    The Indianapolis Star

    Southport Police Department Lt. Aaron Allan was wearing a body camera that captured the July 27 moment he was shot to death while helping a motorist in an overturned vehicle.

    The video will not be viewed by the public before the man accused of Allan's murder, Jason Dane Brown, goes on trial, Marion Superior Judge Sheila Carlisle ruled. If convicted, Brown faces a possible death penalty.

    Brown, 28, crashed a car in the 6600 block of South Madison Avenue in Homecroft on the afternoon of July 27. He was upside-down and belted into the seat of the overturned car when Allan crawled through a window to help.

    That is when Brown, prosecutors say, fired more than a dozen shots. Allan was struck in both arms, the right leg, upper back, abdomen and heart as he tried to crawl away. He died less than an hour later at Eskenazi Hospital.

    The motive behind the shooting remains unclear. Brown also faces a possession of marijuana charge in connection to the incident.

    Deputy Prosecutor Jayson McGrath revealed in court documents filed in September that Allan was wearing a body camera.

    Presumably, that camera recorded Allan's final moments.

    The state believes the body camera footage referenced above will be admitted as evidence in this case," McGrath said in a Sept. 25 request that the footage be kept private.

    "Any dissemination of the footage prior to trial, to the media or third parties," McGrath wrote, "would gravely diminish the defendant's opportunity for a fair trial anywhere."

    The judge agreed, issuing a protective order that allows Brown's attorney, Denise Turner, one copy of the video under strict caveats:

    No copies can be made.

    Only Turner and Brown's defense team can view the video.

    Turner and Brown's defense team cannot describe the video, either verbally or in writing, to anyone else.

    The video can only leave Marion County when Turner visits Brown at the New Castle Correctional Facility.

    Turner declined IndyStar's request for an interview.

    In another behind-the-scenes court battle, Turner is fighting the prosecutor's request that the judge order Eskenazi Hospital to hand over Brown's medical records.

    Turner, in court documents, noted the state seems especially interested in blood tests that might show whether Brown was under the influence of drugs or alcohol on the day Allan was shot.

    In a motion filed on Nov. 29, Turner said that "while records of drug or alcohol use on the date of the incident may arguably be relevant," other records are not relevant.

    "The state's request," Turner wrote, "amounts to nothing more than a fishing expedition into otherwise privileged information."

    In the state's response filed Dec. 6, Deputy Prosecutor Christina Gull said the state is looking for symptoms of brain injury or other trauma that might not have been present until days after the crash and shooting.

    "The state would argue that this information is extraordinarily relevant as the potential for injuries to effect any behavior or actions of the defendant," Gull wrote.

    Judge Carlisle has not yet ruled on the motion.

    Carlisle also has not ruled on a defense request that Brown's trial be moved out of Marion County. Turner argued that Brown cannot receive a fair trial in Indianapolis because of the intense media attention.

    Brown's jury trial is scheduled to begin Feb. 26.

    Allan, who joined Southport's police force in 2011, is the first Southport officer to be killed in the line of duty. He became its first full-time, paid officer earlier this year. In 2015 he was named the department's inaugural Officer of the Year.

    https://www.indystar.com/story/news/...sed/934067001/

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    Private attorneys in death penalty cases create dilemmas for judges, public defenders

    By Marilyn Odendahl
    Indiana Lawyer

    After spending much of the pretrial conference questioning the defense attorney about her caseload, ability to retain co-counsel and the expenses related to hiring an investigator and mitigation specialist, Marion Superior Judge Sheila Carlisle concluded by describing the situation taking place in her courtroom.

    “This is uncharted territory,” she said.

    The stakes are high because the defendant, Jason Brown, is facing the death penalty for allegedly killing a police officer. But the twist comes from the accused, who is indigent, being represented by a private attorney who is doing the work pro bono. Carlisle was juggling the man’s right to choose his own counsel with the court’s concern not only over how much the county would have to pay for his defense, but also whether his lawyer would be able to handle the case from start to finish.

    At risk is having to redo — and pay nearly $1 million for — the whole trial again if Brown is convicted and sentenced to death. The appeal would likely argue ineffective counsel and, should the Indiana Supreme Court agree, the guilty verdict could get overturned with the case getting sent back for retrial.

    For now, State of Indiana v. Jason Dane Brown, 49G03-1708-MR-028177, is proceeding with the defendant’s counsel of choice, Denise Turner. She spent six years in the Marion County Public Defender Agency before leaving to start her own practice. While she has received training on representing clients facing the death penalty, she has never worked a capital murder case.

    Turner said this case came to her through an email that was forwarded from an investigator Brown’s family had contacted after his arrest. As she explained, the family did not want a public defender and was talking to another attorney. But the other lawyer, Turner said, was a former prosecutor with little experience handling major felony trials and who had not been doing criminal defense work for very long.

    “So I was terrified that Jason’s case would go to someone inexperienced and only in it for the possible publicity,” Turner said. “So for the family, it wasn’t a question of me representing Jason or the case going to the public defender agency; it was the other attorney or me.”

    An appeal withdrawn

    Defense attorneys say private counsel representing a death penalty defendant is rare in Indiana. Public defenders typically defend individuals charged with capital crimes because of the cost of the case coupled with the demands of preparing for trial.

    Until the beginning of 2018, the state had two death penalty cases represented by private counsel who needed to draw upon public funds to support their defenses. In addition to Turner, Fort Wayne attorney Nikos Nakos of Nakos & Adams was defending Marcus Dansby, who is accused of stabbing and shooting to death three adults and an unborn child.

    Larry Landis, executive director of the Indiana Public Defender Council, said he empathizes with the dilemma judges confront in these cases. The bench has to weigh the defendant’s right to choose counsel against the ability of the attorney to provide representation.

    The Fort Wayne case, State of Indiana V. Marcus D. Dansby, 02D06-1609-MR-000010, could have provided some guidance for resolving that dilemma. Allen Superior Judge Frances Gull removed Nakos at the beginning of the year and appointed two public defenders, Michelle Kraus and Robert Gevers II.

    Kraus said Gull carefully laid out her reasons for replacing Nakos. The judge made a record, citing caselaw and the standards from the American Bar Association, as she detailed what private counsel had done and not done on the Dansby case.

    Nakos disputed that he was not adequately representing his client. He claimed he had hired a mitigation expert but Gull, after she signed the order allowing the expense, wanted more documentation showing the expert was qualified. That individual got angry and quit.

    When Nakos found another, he said Gull referred to his submission to the court as containing “stupid (stuff).” In January 2018, he filed a motion for the judge to recuse herself and soon after, Gull removed him from the case.

    Once the public defenders were appointed, they filed a petition for an interlocutory appeal. Kraus explained the central question under the Sixth Amendment was whether the defendant’s right to an attorney of his own choice trumps his right to effective counsel. Although the trial court granted the petition, the public defenders decided not to proceed to the Indiana Supreme Court and withdrew the appeal.

    Kraus said an appeal would have likely stayed the case for several months and the defendant wanted to keep things moving forward. The defense, she said, believes they have preserved the issue and, if needed after the trial, can revive the issue.

    Although private counsel in death penalty cases is rare, Landis would still like to see the Indiana Supreme Court address the Sixth Amendment issue.

    “At some point that dilemma needs to get resolved and it may ultimately get resolved in the Fort Wayne case if there is a trial and conviction,” he said. “If the verdict is appealed, that will be one of the appellate issues.”

    Still a gray area

    Fran Watson, professor in the criminal defense and wrongful conviction clinics at Indiana University Robert H. McKinney School of Law, pointed to a recent ruling by the U.S. Supreme Court which could influence any subsequent decision by the Indiana justices.

    The 6-3 decision in McCoy v. Louisiana held that a defendant has the right to choose the objective of the defense even if the attorney believes another strategy would avoid the death penalty. Watson sees this ruling as analogous to the Brown and Dansby cases. Following the Supreme Court’s reasoning, Brown and Dansby’s right to pick their attorney would outweigh their right to effective counsel.

    Indiana Prosecuting Attorney Council executive director David Powell and Jim Oliver, IPAC deputy director for criminal law, speculated that even with a ruling from the Indiana Supreme Court, questions still would arise. The two offered insight into death penalty cases but emphasized they were only talking in general terms and not specifically about the Brown or Dansby cases.

    They agreed guidance about defendants’ rights in capital cases would be helpful, but attorneys and judges could still struggle even if the justices create a bright line. Every case has a different set of facts so, they said, gray areas will probably still exist.

    No blank check

    In the Brown pre-trial conference, Turner sat alone with her client at the defense table, surrounded by five sheriff’s deputies. At the other table, three prosecuting attorneys crowded together.

    Carlisle pressed Turner. Among the judge’s concerns was that the defense attorney has not found co-counsel, currently was defending 49 felony cases, and did not seem to be adequately preparing. Turner said she is actively seeking another attorney to assist and that she is doing all things that need to be done. In addition, she told Carlisle that the bulk of her workload was manageable because most of her cases were Level 6 felonies and Brown was her only murder case.

    The judge was also concerned about the cost. Carlisle reminded the attorney she would have to justify the expenses because there would be no blank check.

    A county can get reimbursed for half the cost of the capital defense but, according to Landis, only if the attorneys meet the requirements outlined in Rule 24 of the Indiana Rules of Criminal Procedure. Turner does not meet the requirements in part because she has no experience with a capital case and because she currently is defending more than 20 open felony cases. So, Marion County might have to foot her entire bill.

    An analysis done by the Legislative Services Agency in 2015 examined the cost of the eight death penalty cases that went to trial in Indiana between 1995 and 2013. The average cost of a capital murder trial was $789,581 with the state expenditures totaling $420,234 and the county expenditures reaching $369,347.

    Turner acknowledged she is frustrated with the battles she feels she is having to fight to defend Brown. She said she understands that nobody wants the case to be reversed and sent back, but she worries that her client is not the center of everyone’s attention.

    Nevertheless, knowing what she knows now, Turner said she would still take Brown’s case.

    “If I felt like I was contributing to the community or to one person, I still would do it,” she said. “I believe that nothing great comes with ease.”•

    https://www.theindianalawyer.com/art...blic-defenders
    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

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