State supreme court will hear appeal in Gary homicide
BY TERESA AUCH SHULTZ firstname.lastname@example.org September 17, 2013 12:28PM
The Indiana Supreme Court has decided to consider a case arguing that McLynnerd Bond's confession to a fatal shooting was improperly influenced by a Gary police detective. | Post-Tribune File Photo
Updated: October 19, 2013 7:10PM
The Indiana Supreme Court will hear the appeal of a Gary man who is accused of killing another man in 2007.
Attorneys for McLynnerd Bond have argued a statement he made to Gary Detective Cpl. Edward Gonzalez admitting to killing Kadmiel Mahone in 2007 should be thrown out because Gonzalez told him a jury would be made up of whites and Hispanics.
After Gonzalez said that, Bond admitted killing Kadmiel Mahone in 2007, Bond’s attorneys say.
Mahone’s shooting homicide had gone unsolved until 2011.
That’s when Gary police Detective James Bond got a tip that led to questioning a witness to the crime. McLynnerd Bond is the detective’s nephew, though Bond didn’t know of his nephew until he and Gonzalez started delving into the investigation.
McLynnerd Bond was arrested Feb. 12, 2011, on an unrelated matter, according to court records, and Gonzalez started pressing him on whether he killed Mahone.
According to court documents, Bond at first denied the killing, but Gonzalez started telling him that he could face lesser charges than murder if he cooperated. He later told Bond the jury would not include people from Gary but would instead include “people from Schererville, Crown Point, white people, Hispanic people, other people that aren’t from Gary, from your part of the ’hood...”
After three and a half hours, Bond admitted he killed Mahone.
Bond now says that admission shouldn’t be allowed at trial, however, because it was involuntary. His attorneys, Thomas Vanes and Mark Bates, have said that Gonzalez made him promises that were not upheld and that Gonzalez’s comments about the jury had racial overtones.
That argument was rejected by both Lake County Judge Diane Boswell and the Indiana Court of Appeals.
Vanes and Bates next went to the state Supreme Court, which granted their request Monday. Vanes said he does not know now if the court will hold a hearing on the case or if it will decide the case from records already submitted.
Vanes declined to comment on the issue until the Supreme Court issues a ruling; there is no set deadline for the court to do so.
Bond has been in jail since his arrest two and a half years ago, and his trial has been delayed pending the outcome of the appeal.