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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEYS FOR APPELLANT: DAVID M. PAYNE Ryan & Payne Marion, Indiana CRAIG PERSINGER Marion, Indiana

FILED
May 27 2011, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALFRED SOLOMON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 27A02-1005-CR-534

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Thomas G. Wright, Senior Judge Cause No. 27D02-0902-MR-26

May 27, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Alfred Solomon appeals his convictions for murder and robbery resulting in serious bodily injury as a class A felony. consolidate and restate as: I. Whether the trial court erred in admitting and excluding certain evidence; and Whether the trial court committed reversible error when it denied the jury's requests for more information during deliberations. Solomon raises three issues, which we

II.

We affirm. The relevant facts follow. In 1979, thirty-six-year-old Solomon, his twenty-sixyear-old wife Debra, and his two-year-old daughter Heather lived in Beaver Dam, Indiana. Every weekend, the family visited Solomon's mother in Anderson, Indiana. The drive from Beaver Dam to Anderson took the Solomons through Marion, Indiana. Solomon frequently stopped in Marion to purchase marijuana because he had difficulty finding it in Beaver Dam. Solomon's friends, Greg and Becki Gardner, assured On two separate

Solomon they could always find marijuana for him in Marion.

occasions in February 1979, Gardner and his wife each took Solomon to twenty-twoyear-old Terry Headley's apartment to purchase marijuana. Both times, Headley refused to sell marijuana to Solomon. Also, in February 1979, Solomon, his wife, and his daughter drove to North Manchester, Indiana. Solomon left his wife and daughter in the car and went into an upstairs apartment near the local police station. When he returned to the car, he had a handgun he had stolen from the apartment. Solomon explained that he had noticed the gun one night while he was smoking marijuana at the apartment with a friend. 2

On March 2, 1979, Solomon and his family were on their way to Anderson to visit Solomon's mother when they stopped in Silver Lake so that Solomon could purchase a bottle of gin, which he started drinking immediately. Before the family passed through Marion, Solomon stopped at a K-Mart, where he purchased a clothesline and a roll of tape. At Solomon's request, Debra cut the clothesline into pieces. As the family drove around Marion, Solomon showed Debra a Burger Chef where he wanted her to wait for him later. He then drove to a nearby neighborhood, stopped the car, got out, and told Debra to go back to the Burger Chef and wait for him while he bought some marijuana. Debra drove back to the Burger Chef and waited for Solomon. While she was there, Solomon walked to Headley's apartment. When Solomon got to the apartment, he tied Headley up with the pieces of clothesline, wrapped the tape he purchased around Headley's head, and superficially cut Headley's neck with a knife he found in the kitchen. Solomon then put a pillow against Headley's head to muffle sounds and shot Headley twice in the head. Solomon took some money from Headley and drove

Headley's car to a shopping center next to the Burger Chef where Debra was waiting. Solomon left the car in the parking lot where it was subsequently found. As he and his family left Burger Chef, Solomon told Debra that he had just killed Headley and that he bet she never thought he could do something like that. Solomon told Debra that he had to go back to Headley's apartment to retrieve a wallet that he thought he might have touched. While Solomon went back inside Headley's house, Debra waited in the car. Richard Pickeral and his father were walking in the area. Pickeral noticed Solomon emerge from Headley's house and run to his waiting car. Pickeral also noticed 3

that Solomon had collar-length hair, a mustache, and was wearing a brown leather jacket. When Solomon got back to his car, he and his family drove to Anderson. Debra noticed that Solomon had blood on his hands. The following day, Solomon and his family drove to the countryside near Anderson. Solomon stopped and threw the gun he had stolen in North Manchester and had used to kill Headley into a creek. He burned his clothes and threw his shoes into a field. Headley's fianc

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