Lichti v. State

827 N.E.2d 82, 2005 Ind. App. LEXIS 795, 2005 WL 1118385
CourtIndiana Court of Appeals
DecidedMay 11, 2005
Docket79A05-0405-CR-264
StatusPublished
Cited by5 cases

This text of 827 N.E.2d 82 (Lichti v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lichti v. State, 827 N.E.2d 82, 2005 Ind. App. LEXIS 795, 2005 WL 1118385 (Ind. Ct. App. 2005).

Opinion

OPINION

BAKER, Judge.

Appellant-defendant Lloyd Lichti appeals from his convictions for Felony Murder, 1 Kidnapping, 2 a class A felony, Criminal Confinement, 3 a class B felony, Robbery, 4 a class C felony, and Theft, 5 a class D felony. Lichti also appeals from the sentence assessed by the trial court for his felony murder and robbery convie-tions. Specifically, Lichti argues that: (1) the trial court erred in dismissing two jurors after deliberations had begun based on the jurors' religious objection to working on Sunday; (2) the evidence was insufficient to support his convictions; (8) *87 the trial court erred in admitting Lichti's custodial statement; (4) the trial court erred in refusing to admit an exhibit offered by Lichti; and (5) the trial court used improper aggravating factors and failed to consider appropriate mitigating factors. 6 Finding that the trial court properly dismissed the two jurors and finding no other error, we affirm.

FACTS

John Baree, who was seventy-three years old in the summer of 2001, was a former prosecutor who had a private law practice consisting exclusively of estate work. John and his wife, Pat, had been married since 1957 and had three children together, including Jud, who was a partner in John's law firm. John had suffered heart attacks in 1994 and 1995 and was taking heart medication, but he was in excellent physical condition in the summer of 2001.

Approximately ten years prior to 2001, John had prepared a will for Lichti's father, and Lichti believed that the will had been changed to cut him and his brothers out of their share of a family farm. Lichti was angry with John about the will and, after his father's death, believed that he was owed money from his father's estate. In 1995, John sent Lichti a letter informing him that he had no claim on his father's estate and that his stepmother did not owe him any money.

Between the fall of 2000 and summer of 2001, Lichti called John's law firm a number of times, identifying himself as "Martin Price," and seeking to meet with John to discuss a business deal. Although John was prepared to meet with "Price" on several occasions, Lichti did not appear at the meetings. On July 830, 2001, Lichti, as "Price," called the law firm and arranged to meet John at the Radisson Hotel on August 1, 2001.

The Kidnapping

On August 1, 2001, John went to work and left shortly after 8:00 a.m. to go to the Radisson for his meeting with "Price." He was wearing a light green suit, a dress shirt, a tie, dark shoes, a gold Hamilton wrist watch with a white face and a dark leather strap, and his gold wedding ring. Among the items he had with him were his glasses, a key ring with a remote keyless entry and three keys, a day planner, a pen, a money clip, a small knife, a light blue comb, and a wallet containing numerous items. ° Surveillance video reveals that John entered the Radisson lobby at approximately 8:48 am. Lichti met him there and they exited the hotel together just after 9:00 a.m. John was never seen alive again. John's car was later found in the hotel parking lot, and there have been no unexplained charges on his credit cards or assets missing from his bank accounts since that time.

John entered Lichti's van, though the record does not reveal whether he did so voluntarily. Lichti made a tape recording of John saying, "[wle have a serious problem. .Get 100,000 dollars in hundred dollar bills, Payless." Tr. p. 485, 441. Lichti then bound John's arms and legs with duct tape and left him in the van while Lichti went into the Purdue University Student Union to make the ransom call. At 1:11 pm., the phone rang at the Barce home, and after Pat answered it, Lichti played the tape recording, subsequently telling Pat to bring $100,000 in one hundred dollar bills to the Payless store in West Lafayette on the following night. Phone ree- *88 ords show that this call was made from a phone in the Purdue Union building using a pre-paid Kroger telephone card. After receiving the call, Pat contacted her son, Ed, who contacted the police.

After Lichti made the ransom call to Pat, he was driving around in his van with John still inside when he looked at John and noticed that he was not breathing. According to Lichti, John "just died." Tr. p. 975-76, 985-86, 1406. Lichti then drove down Soldiers' Home Road in West Lafayette and dumped John's body in a cornfield in the Soldiers' Home area. The following night, police attempted to make the ransom drop at the Payless per Lichti's instructions, but no one arrived to pick up the money.

On August 23, 2001, Lichti sent a letter to John's law firm containing John's Elk's club card and a ransom letter addressed to Pat. The letter warned Pat, "this time don't notify any law enforcement or we won't meet just like last time," and further stated that John was "well" and that this was their one chanee to "get[] him back alive." State's Ex. 17. The letter demanded $200,000 in one hundred dollar bills and set up the ransom drop for August 25 at a Taco Bell. Police again attempted to make the ransom drop, and again no one arrived to claim the money.

John's Body is Discovered

On September 16, 2001, a human skull was discovered in the Soldiers' Home area by a man moving a fence in the vicinity. After the police were contacted, they found the top portion of the almost fully decomposed skull, part of a foot, a dark shoe, and some other smaller bones in a grassy area. Approximately seven to eight rows into the cornfield, police found the remains of the rest of the body. The remains, clothed in a light green suit and tie, were in an advanced stage of decomposition, with almost no tissue remaining. The forensic anthropologist determined that the remains were those of a white male of at least sixty years of age and approximately six feet, two inches tall, which was John's height, and the forensic entomologist determined that the remains had arrived in the field sometime between July 25 and August 7, 2001. No elderly white male other than John had been reported missing around this time.

The police determined that the body was John's-and notified his family of that fact-based on the following evidence: the location of the body, the clothing, the contents of a wallet found inside the clothing, a watch found near the body, and a gold wedding band found on a finger. Forensic dental analysis confirmed that the body found in the field was John's.

Telephone Calls Continue

On November 1, 2001, Lichti called Pat, claiming that he had information about who killed John. Lichti also informed Pat that he needed money. Lichti made a second call to Pat on the same day, asking for money in exchange for information about the perpetrators. The second call was made from a pay phone at a Thrifty Mart near Horticulture Park ("Park") on the Purdue campus.

On November 2, 2001, Lichti, using the name "Chicago," called Pat two more times, offering information in exchange for money.

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Related

Anthony P. Sharp, Jr. v. State of Indiana
16 N.E.3d 470 (Indiana Court of Appeals, 2014)
Romero Leslie v. State of Indiana
978 N.E.2d 486 (Indiana Court of Appeals, 2012)
Lichti v. State
835 N.E.2d 478 (Indiana Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
827 N.E.2d 82, 2005 Ind. App. LEXIS 795, 2005 WL 1118385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lichti-v-state-indctapp-2005.