Comments on Advance Indiana™: What About The Size Of The Bus?

...Another point to consider is ASSISTING A CRIMIN...

2010-05-20T15:20:23.134-05:00

...Another point to consider is ASSISTING A CRIMINAL:

IC 35-44-3-2
Assisting a criminal; defenses
Sec. 2. (a) A person not standing in the relation of parent, child, or spouse to another person who has committed a crime or is a fugitive from justice who, with intent to hinder the apprehension or punishment of the other person, harbors, conceals, or otherwise assists the person commits assisting a criminal, a Class A misdemeanor. However, the offense is:
(1) a Class D felony if the person assisted has committed a Class B, Class C, or Class D felony; and
(2) a Class C felony if the person assisted has committed murder or a Class A felony, or if the assistance was providing a deadly weapon.

If someone has any doubt the coaches were part of ...

2010-05-20T15:18:26.759-05:00

If someone has any doubt the coaches were part of the conspiracy to commit Criminal Deviate Conduct, then consider that Indiana prohibits aiding and abetting a felony!

Let's review Indiana Law that relates to the coaches:

IC 35-41-2-4
Aiding, inducing, or causing an offense:
A person who knowingly or intentionally AIDS (coach failing to act/end the criminal deviate conduct), INDUCES (coach allowing criminal deviate conduct to take place in his presence on the school bus while 'looking the other way' giving impunity to the aggressors), or causes another person to commit an offense commits that offense, even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense.

Indiana Law 35-32-2-4: (a) If a person in a county engages in conduct sufficient to constitute aiding, inducing, or causing an offense committed in another county, he may be tried for the offense in either county.
(b) In a prosecution for conspiracy to commit a felony, any or all offenders may be tried in the county in which:
(1) the agreement was made; or
(2) any overt act in furtherance of the agreement is performed.
(c) In a prosecution for an attempt to commit a crime, the offender may be tried in any county in which:
(1) a substantial step towards the commission of the underlying crime occurred; or
(2) the underlying crime was to have been completed.

I wonder how this would have played out 'if...

2010-05-20T09:04:21.257-05:00

I wonder how this would have played out 'if' these same exact incidents had occured by these 'adult' (over 18) students and the victim was a 14 year old female student?
How many graduates of Law Schools are in that prosecutors office? After reading all the reports, probable cause, statements, etc, they couldn't put their collective minds together and file charges.
Grand jury is 6 and 1 alternate citizens (I believe). They rely on the advice of the prosecutor or dep/pros.
I also saw where all the appropiate Statues where given to the GJ to consider. IMHO.. (sort of like driving the car..whoever is behind the wheel has to decide which road to travel).

It shouldn't be up the parent of the 2nd victi...

2010-05-20T07:49:03.061-05:00

It shouldn't be up the parent of the 2nd victim whether or not to press charges. It's the prosecutor's job to press the charges. I know of many instances where a victim didn't want to press charges and was told that it was the duty of the prosecutor to do it anyway. This whole thing stinks to high heaven! Justice obviously isn't blind in the Indy area.

I'll tell you right now that the coaches on th...

2010-05-20T05:03:48.929-05:00

I'll tell you right now that the coaches on that bus should have been charged with conspiracy to commit criminal deviate conduct...and those who participated, should have been charged with it as well. This was a sexual assault.

I wonder what the precedence is for the grand jury of Carmel exerting jurisdiction over a criminal matter that occurred in another county???

Yes, That's what Turner is doing involved in t...

2010-05-19T23:21:55.405-05:00

Yes, That's what Turner is doing involved in the matter, although I didn't think he had civil litigation experience in this area.

The victim is pursuing a civil lawsuit, yes?

2010-05-19T22:13:48.851-05:00

The victim is pursuing a civil lawsuit, yes?

I've been on buses that size hauling kids for ...

2010-05-19T21:16:33.989-05:00

I've been on buses that size hauling kids for school events. Not much drastic going on that isn't going to be heard as a parent, unless you're overwhelmed with noise, in which case you're definitely not ignoring your surroundings because you're darn sure not sleeping through it. I'd be talking to my lawyer if I'm the parent of a victimized child.