The defense has reached a new low., but I don’t see how this amounts to anything.
From the State’s Motion in Limine dated April 29, 2024
“…7. Any attempt to introduce evidence of 3rd party motive that is not relevant and/or the
probative value is outweighed by unfair prejudice, confusion of the issues or has the
potential to mislead the jury in violation of Rule 401. Lashbrook v. State, 762 N.E.2d
756 (Ind. 2002); Pelley v. State, 901 N.E.2d 494 (2009). Before any such evidence
may be permitted the Defense must show some connection between the 3rd party and
the crime. Holmes v. South Carolina, 547 U.S. 319 (2006). Further it must be a
direct connection based on admissible evidence and not founded in hearsay,
speculation, rumors, conjecture or theory. Mcintyre v. State, 717 N.E.2d 114 (1999);
McGaha v. State, 926 N.E.2d 1050 (Ind. Ct. App. 2010); Tibbs v. State, 59 N.E.3d
1005 (Ind. Ct. App. 2016). The State requests such Order in Limine to include but not
be limited to the following:
a. Odinism
b. Cult or ritualistic killing
c. Brad Holder
d. Patrick Westfall
e. Johnny Messer
f. Elvis Fields
g. Ned Smith
h. Rod Abrahms
i. Kegan Kline
j. Jerry Kline
k. Ron Logan…”
On September 4th the Judge ruled none of these things or people can be brought up.
They can try to offer proof of their relevance at trial to introduce them only.
I’m sure the defense is hoping the prosecution will file something against this so the defense can demand a hearing now and delay the trial.
This ain’t going nowhere in my opinion. JG isn’t putting up with this cr#p anymore.
The defense can just file it away with all the other grievances they want to appeal.
My distain for this defense team grows deeper.
Opinion