Blecha v. People

962 P.2d 931 (1998)

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Nature of the Case

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Facts

Blecha (D) was convicted of first-degree murder and conspiracy to commit first-degree murder. At trial, an inmate eyewitness, Bates, testified to two hearsay statements made by previously acquitted co-defendant, Younger. Shettler, an inmate was found dead in his cell. Shettler was strangled by a ligature surrounding his neck and that this time of death was between 6-9:30 p.m. July 12, 1992. Shettler lived in a three-tiered pod that had fifty inmates including D, Younger, and Green. The inmates were permitted to move freely between lockdowns at 4, and 7 p.m. Investigators heard a rumor that Shettler was killed because he was an informant on another murder that occurred six months before in another prison. Three inmates told investigators that D, Younger, and Green killed Shettler. In August of 1992, Bates told investigators that Younger had threatened his life and Bates was transferred to another facility. D moved to exclude Younger’s hearsay statements. The court ruled them admissible as nonhearsay statements of a co-conspirator under 810(d)(2)(E). The court also found that Younger was not available to testify because he was protected under the Fifth Amendment due to pending murder and conspiracy charges against him. The court also found sufficient independent indicia of reliability. The trial court then severed the trials of the three defendants. Younger was acquitted. At D’s trial, the prosecution presented evidence that Shettler was killed on orders from the Aryan Brotherhood. D contended that he was in the gymnasium when the murder occurred, that the investigators overlooked evidence that another inmate had given, and that the prosecution's case was based solely on the testimony of liars, thieves, and murderers. Bates gave testimony that he saw the three defendants enter the cell and that when he walked by he saw Younger holding Shettler in a headlock, with D standing in front with his hand up and Green standing behind D holding a cord. Bates went to another inmate’s cell and told that inmate that Shettler was being killed. When Bates returned, he saw the three of them putting Shettler on the top bunk bed. Bates then testified that the day after, Younger motioned to him by raising his index finger to his lips. Other evidence was presented against D. D appealed his conviction.