State vs. Sandy & Supris Convictions overturned based actual Prosecutorial Misconduct

Before a home invasion robbery trial, the Prosecutor disguised, hid, and obscured evidence that the victim of the home invasion was a major drug dealer, who had 150 pounds of marijuana seized from his home.  The ADA asked the police to delay arresting the victim for trafficking until after the home invasion trial.  The ADA secretly communicated and coordinated this subterfuge with the police department using her private email accounts, and denied the defendant’s access to evidence that bolster their claims that the victim was, in fact, a drug dealer and the defendants were there to settle accounts on a drug deal.  The ADA allowed the victim to testify that he was not a drug dealer, a claim that she knew or should have known was false.  This information came to light during the federal prosecution of the “victim”.

The court found that Janssen, the lead assistant district attorney, was fully aware that RPD was investigating Smith while the trial was ongoing because she had been emailing with the lead police detective between July and October through a private account. In emails Janssen actually encouraged the detective to hold off on arresting Smith until after the armed robbery trial. During the trial, she called Smith as her key witness to provide testimony that he was not trafficking drugs

Convictions overturned.

The Indy News Story.

Court of Appeals Opinion.

The Defendant’s MAR.

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