LANA CANEN vs. DENNIS CHAPMAN, ET - AL.

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Lana Canen v.

Dennis Chapman and Mark Daggy


Case Number: 3:2014cv00315
Filed: February 17, 2014
Court: Indiana Northern District Court
Presiding Judge: Rudy Lozano

Facts:

On November 28, 2002, 94-year-old Helen Sailor spent Thanksgiving


with relatives and then got a ride back to her home at an apartment complex
for the elderly, disabled and handicapped in Elkhart, Indiana. The following
day, a health care provider and two relatives found Sailor strangled to death
in her apartment, the premises ransacked. Because there was no forced entry,
Elkhart police believed the victim knew her assailant. They began
interviewing residents, but they were stymied and the investigation went
cold.
 
In August 2003, police revived the investigation and the following
month, 28-year-old Andrew Royer, a mentally-handicapped resident of the
building, was brought in for questioning. Police said that during
interrogation, Royer at first made statements that indicated he was familiar
with the crime and that upon further questioning, he admitted that he
strangled Sailor with a rope. Police said Royer said he took jewelries and
money. Royer was charged with murder on September 4, 2003.
 
While some residents of the building expressed relief, others were
skeptical that Royer was the killer because of his usually placid demeanor.
In 2004, while Royer’s case was pending—his trial was delayed for three
separate mental competency examinations—police said they received a tip
that 44-year-old Lana Canen, who also lived in the complex and knew
Royer, may have been involved in the crime. One of the investigating
officers believed that Canen had previously burglarized apartments in the
building, although there was no proof. Canen was questioned and denied any
involvement in the crime. Police then interviewed a neighbor of Canen. The
neighbor, who was a heavy drug user, told police that Canen had made
incriminating statements, such as “no one was supposed to get hurt.” Canen
was arrested on September 3, 2004—almost a year to the day after Royer
was charged—and her fingerprints were compared to fingerprints found in
the victim’s apartment.
 
Elkhart police asked Dennis Chapman, a detective with the Elkhart
County Sheriff’s Department, to conduct a comparison of a latent print
found on a plastic pill container in Sailor’s apartment with Canen’s
fingerprints. Although Chapman had some training in fingerprint
classification and the examination of rolled fingerprints, he had no training
in conducting latent fingerprint comparisons. After conducting his
examination, he concluded the latent print matched Canen’s left little finger.
Canen was then charged with murder.
 
Royer and Canen went on trial together in Elkhart County Circuit
Court. The primary evidence against Royer was his confession. The
principal evidence against Canen was the fingerprint and the neighbor who
testified that Canen had made incriminating statements. Chapman testified
that he had matched Canen’s fingerprint to the print on the plastic container.

ISSUE:
Whether Chapman is qualified to conduct, analyze and testify on the
results of the fingerprint analysis despite lack of training and qualifications.

HELD:
On August 10, 2005, the jury convicted Royer and Canen. They were
each sentenced to 55 years in prison. Their convictions were upheld by the
Court of Appeals of Indiana.
After Canen’s conviction, attorney Cara Wieneke, took on the
case and believed that Canen was innocent.  Wieneke hired an independent
expert to conduct an analysis of the fingerprint.  The expert told Wieneke
that, based on her analysis, Canen was excluded.  According to Wieneke, the
prosecutor refused a request to have the state crime lab re-analyze the print.
Canen was then granted an evidentiary hearing and her expert prepared a
report on her findings.  That report was turned over to the prosecutor and
reviewed by Detective Chapman.

Here is where things get interesting.   According to Elkhart County


Sheriff Brad Rogers, Detective Chapman saw that evidence depicted a
higher level of analysis of the print, the sheriff said, and Chapman was
convinced he made an error.  Chapman reported his error to his supervisor,
and Rogers ordered an internal investigation. “It was discovered Chapman
conducted a basic comparison of the print based on his experience and
training at that time, but the comparison did not go far enough,” Rogers said.
“Detective Chapman’s analysis was in error.”  Rogers said the sheriff’s
department has core values of integrity and fairness. He added that Chapman
admitted his error openly in court and to Rogers’ office on his own initiative.
At the evidentiary hearing, Detective Chapman admitted that he made a
misidentification.  He testified that his current opinion is based on additional
training that he received since Canen’s trial.  Detective Chapman also
admitted that he overstated his experience to jurors at the trial.

As a result of the hearing, the prosecutor asked that the murder


conviction be overturned.  In addition, Detective Chapman was disciplined
but sheriff gave no details.  

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