NewsChannel 15 story evidence in trial

AUBURN, Ind. (WANE) - Sometimes the newscasters become part of the stories they cover. That was the case when Alyssa Ivanson was called to testify in Michael Stafford's trial in DeKalb County this week.

"Whenever I can use someone outside law enforcement to make my case I do," ClaraMary Winebrenner, the DeKalb County prosecutor, said.

On March 29, 2012, Stafford had his initial hearing in court. He was charged with five felonies in a sexual assault case. On the way into the courthouse from the jail, Ivanson asked him questions about the accusations against him. His answers caught Winebrenner's attention.

"In this kind of case, the real issue is identity and he nailed that down when he said it was consensual," she said. "He also pretty well established it was a sex crime. Consensual? You don't say it was consensual for a conversation."

The news clip admitted into evidence wasn't very long, but Ivanson had to testify to give it what courts call foundation.

"You are establishing that it is what you say it its That it is what it purports to be. It was pretty clear it was a news clip which is why I asked you like four questions," Winebrenner said.

Most of the questions were about Ivanson's job and training as a reporter and that the news media doesn't work on behalf of the police or government.

Chief Public Defender in DeKalb County Dan Pappas objected to the news clip being admitted because Stafford's case already stipulated it was consensual. The judge overruled the objection.

"In my opinion [the video clip] was a huge part of [my case]. It's my belief he wouldn't have stipulated those facts if we didn't have your video," Winebrenner said. "My thought was it really painted a picture for the jury that they needed to see. It was helpful to see the defendant in his own words say it was consensual rather than have his attorney read something we've all agreed to."

This was the first time Winebrenner has called a journalist to the stand. Pappas said, in his experience, members of the media are usually only called to testify in a change of venue motion to discuss the scope of news coverage of a case. Pappas added he's not likely to use news clips as evidence. 

"Usually don't like to use that because the defendant has the right to remain silent," Pappas said.

The jury found Stafford guilty on all five felony charges:

Criminal Deviate Conduct: Class A Felony
Kidnapping: Class A Felony
Burglary: Class B Felony
Criminal Confinement: Class B Felony
Robbery While Armed with a Deadly Weapon: Class B Felony

His sentencing is scheduled for March 22. He has 30 days from then to file an appeal if he so chooses.