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The mother of a convicted murderer sits in a jail cell because she refused a judge’s order to return the official court record of her son’s trial – which she obtained from the defense attorney preparing her son’s appeal.
Adela Favela, 58, of the 2800 block of Westbrook Drive, likely will remain in the Allen County Jail until a hearing Friday, when Allen Superior Judge Fran Gull will again ask what happened to the official transcript and evidence from the September murder trial of her son, Daniel Favela.
The official court record for this case has 13 volumes. It includes transcripts of all the testimony given at the trial, as well as transcripts of pretrial hearings and the evidence produced during the four-day jury trial, Gull said.
The experience is new for Gull, who rarely uses jail as a punishment for being found in contempt of court.
“It’s not a power that we exercise often,” she said. “Usually folks comply with court orders.”
The experience is also new for the Allen County Clerk’s Office and the Indiana Court of Appeals – where Daniel Favela’s case would be reviewed.
“In the court’s living memory, nothing like this has ever happened before,” said Joe Merrick, staff attorney for the state appellate court.
A jury convicted Daniel Favela of the February 2006 murder of Churubusco native Jeffrey Kramer. Kramer, 22, had been dating Daniel Favela’s estranged wife. Daniel Favela maintained he was not guilty throughout the case, casting blame on two others and his wife. In October, Gull sentenced Daniel Favela to 60 years in prison.
He is appealing his conviction, with former Allen County Prosecutor Robert Gevers II serving as his defense attorney. As part of the appeals process, Gevers pulled the original record of the trial from the Allen County Clerk’s Office.
Gevers chalked up the missing file to miscommunication or misunderstanding on Adela Favela’s part.
“These things happen in life,” he said.
Adela Favela told Gevers she was going to seek another attorney’s help, so Gevers allowed her to take the transcripts with the understanding she would discuss them with another lawyer, he said.
In a letter to the court, Gevers said he billed Daniel Favela more than $4,000. He has since tried to withdraw as Daniel Favela’s attorney because he’s no longer getting paid. He said he understood that Gull had granted his request to appoint Adela Favela a public defender, but had not seen any copies of such an order.
Gevers said he can’t recall having done anything like this with a file. He’s not sure what, if any, legal consequences this will have for him.
According to remaining court records, which include the clerk’s office file of motions and other filings, Gull issued her first order to Adela Favela to return the trial records Aug. 7.
Gevers had checked out the file, given it to Adela Favela and, “(she) has refused their requests to return all volumes either to the office or the clerk’s office,” according to court records.
Tuesday morning, Gull ordered the Allen County sheriff to hand-deliver a second copy of the order demanding the return of the files; and if Adela Favela refused to comply, Gull ordered her arrest, according to court records.
Adela Favela was booked into the jail at 11:30 a.m. Tuesday.
Indiana appellate court procedure allows both sides in a case to have absolute, unfettered access to the records related to the trial.
The appellate court reviews issues of law only from the official court records and then answers specific legal questions raised in the initial trial or by the trial court’s decision. The appellate court cannot review any new evidence.
These requirements make the transcripts and evidence critical.
If Adela Favela does not return the massive court file – or it has become lost or damaged – the local court, prosecution and defense can re-create the record using copies of the exhibits and re-transcribing the audio recordings from the hearings, Merrick said.
The re-created record would be considered with the same importance as the original, he said. However, Gull said actual trial evidence cannot be redone or re-created.
So now, everybody waits for Adela Favela to hand over the file.
rgreen@jg.net
