Nature of the Case
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Facts
Kay drove to her boyfriend's place of employment, She parked her boyfriend's unlocked car in the parking lot. She left her purse, some Christmas shopping purchases, and a case of Miller Gold beer in the car. She ran into the building to get her boyfriend. Upon returning to the car, approximately five minutes later, Kay noticed that the case of beer and her purse, containing her Citi Bank credit card, Bank One money card, checkbook, cash, and other items, were missing. She called the police. Mapes, who resides nearby heard her dogs barking, looked out the window, and observed three individuals run from the parking lot into her yard. She attested that one of the individuals alerted the others that a police vehicle was approaching and the three men fled towards the woods. Officer Tyukody attested that he responded to a call from Dennis Oppenheim, who reported the discovery of a purse, leather jacket, and other miscellaneous items in the construction area of the company Kay's boyfriend worked at. The purse and the contents thereof belonged to Kay. Reed attested that on the evening in question, he had been walking and drinking with D and another unidentified individual. Reed testified that he removed a case of beer from an unlocked car parked in the factory parking lot and one of his two companions grabbed the purse. He could not, however, remember who took the purse. Reed recalled that, at some point, the unidentified individual was in possession of the purse. Reed attested he observed a police car and told the others that they should 'get out of there. The prosecutor then impeached Reed with prior inconsistent statements. Officer Cueni attested that he observed three men walking on West Walnut Street and eventually determined that the men must have entered the woods located behind the residential homes from whence he could hear voices. Office Cueni entered the woods and he heard three individuals talking and laughing and observed D and two other individuals drinking beer, approximately six hundred feet from the parking lot. D's two companions fled and after the two men were apprehended, he returned to where he had first discovered them and found that D had moved approximately fifteen feet. Officer Cueni stated that he discovered Kay's Citi Bank credit card and Bank One money card a few inches from D's feet. D denied knowing or having reasonable cause to believe that Kay's credit card and/or money card were obtained by theft and did not know that the two cards were at his feet. D was found guilty and appealed.
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