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An Indiana appellate court opinion affirms the local court's decision in the conviction of Brandon Robinson.
Robinson, 20, of 1815 Deer Trail, Warsaw, was convicted in November 1998 in Kosciusko Superior Court 3 of three counts of driving while intoxicated and causing death, and two counts of driving while intoxicated causing serious bodily injury, all felonies. He was acquitted at trial of three counts of reckless homicide.
He was sentenced in Dec. 17, 1998, to 28 years in prison - eight years on each of the DWI causing death charges and two years on each of the DWI causing serious bodily injury charges. The terms were ordered served consecutively, or, one after another.
Robinson was the driver of a pickup June 12, 1998, when it hit a car driven by Aaron Hatfield, 17, of Claypool, at the intersection of Zimmer and Crystal Lake roads in Warsaw. Hatfield and two of his passengers -16-year-old Heather Florey of Mentone and 12-year-old Tyler Bartley of Claypool - died from injuries suffered in the accident. Monica Hatfield, then 6 months old, and Tiffany Bartley, then 13, suffered critical injuries and were airlifted from Kosciusko Community Hospital to Parkview Memorial Hospital, Fort Wayne, after the two-vehicle accident at dusk that night.
Testimony during Robinson's trial revealed that Robinson was drinking beer and smoking marijuana the day of the accident and that he intentionally ran the stop sign at the intersection where the accident occurred, saying, "they'll have to wait," when referring to other cars approaching the intersection.
Four issues from Robinson's trial were reviewed by the Court of Appeals of Indiana in Indianapolis. The opinion of the court was rendered on Tuesday.
Judge Ezra Friedlander wrote in his opinion that Kosciusko County Superior Court 3 Judge Joe Sutton's decision not to continue Robinson's trial despite Robinson coming before the court with a new attorney the first morning of the trial was not an abuse of the local court's discretion.
The opinion noted that a Nov. 10, 1998, motion by Robinson to withdraw his first attorney of record was followed by a Nov. 12, 1998, hearing at which Sutton told Robinson the trial would proceed as scheduled on Nov. 16, 1998, regardless of whether he had the same or a different attorney. Robinson indicated that Frank Gray of Fort Wayne would represent him at trial instead of Jay Rigdon of Warsaw, who initially served as Robinson's attorney. On the morning the four-day trial began, Charles Davis of Nappanee entered his appearance and provided counsel throughout the course of the trial.
Quoting from the record of the local court, the appellate opinion showed, "The trial court queried: 'Mr. Robinson, do you understand the dangers of changing counsel on the eve of trial that could put yourself and Mr. Gray [intended counsel] at an extreme disadvantage if we proceed to trial next week?' ... Robinson responded: 'Yes sir.'"
The court of appeals also cited a 1992 decision, "Risner vs. state of Indiana," in which it was noted that "parties are not entitled to manipulate the judicial process by using a motion to withdraw as counsel to secure a continuance at the eleventh hour."
Friedlander wrote: "Robinson was fully informed of the consequences of changing counsel so close to his trial date."
The appellate court also affirmed Sutton's decision to refuse a continuance for Robinson to secure an expert witness to refute the testimony of Sgt. Kip Shuter, an accident reconstructionist, who estimated Robinson's speed between 58 mph and 64 mph at the time of impact with the Hatfield vehicle.
It was noted that a motion to include two defense rebuttal witnesses not previously disclosed was granted, but the court denied a continuance to wait for an expert witness, in part, because the request wasn't made until the fourth day of the trial and after the state rested its case.
The court of appeals also believed the local court didn't abuse its discretion by refusing admission of evidence of the results of a urine test for marijuana or by granting admission - over Robinson's objections - of evidence of marijuana and pipes taken from Robinson's truck the night of the accident.
The appellate court noted that the urine test for marijuana was not authenticated, as was the blood test presented as evidence by the prosecution. Although in court Robinson identified the document, which indicated Robinson tested negative for marijuana, no testimony revealed the authenticity of that document and it was not certified to be self-authenticating.
Also, the objection to evidence regarding the marijuana and pipes was made because of an alleged break in the chain of custody.
However, the court of appeals didn't see the presentation of the evidence by the superior of the officer who gathered it as a break since the superior officer was responsible for control of the evidence lockers.
Two civil cases remain pending against Robinson in connection with the criminal case.
The families of the victims of the accident each filed a lawsuit against Robinson, and those cases have since been consolidated and have proceeded through the courts as one.
That case was in mediation and, on Thursday, the court received notification that the matters before the mediator have been resolved and the case has been continued for entry of the appropriate orders. The case was expected to go to trial this month, but depending on the outcome of the mediation, an out-of-court settlement may be made.
Another case, brought by the insurance company under which Robinson's truck was insured, remains pending, with a hearing set for 2 p.m. Friday.
