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Sentence upheld in child's 2004 death
A Roachdale man serving an 85-year sentence for the death of his former girlfriend's four-year-old son was denied post-conviction relief in a recent hearing in Putnam Circuit Court.
Jeremy J. Farris, 34, was convicted of murder in 2005 for the November 2004 beating death of Tyler Fogarty, son of Farris' then-girlfriend Crystal Fogarty.
Putnam County Senior Judge Diana LaViolette sentenced Farris to 65 years for murder, with 10 years suspended, and an additional 20-year sentence for dealing in methamphetamine to be served consecutively. The sentences on four remaining convictions, for battery on a child and possession of methamphetamine, marijuana and paraphernalia, were merged into the overall sentence.
Even with Indiana Good-Time Credit, Farris' projected release date from the Department of Correction is in August 2039.
With the ruling from Hendricks Circuit Court Judge Jeffrey Boles, serving as special judge in this case, Farris will remain in prison for the rest of that term. In an 11-page decision filed Monday, Boles ruled that Farris' claims were without merit and post-conviction relief was denied.
Farris had already filed an unsuccessful appeal following his conviction and sentencing. Seeking post-conviction relief is a means to bring up issues not specifically addressed in the original appeal.
In this case, Farris, via counsel Mark Rutherford, sought relief because he believed his defense attorney provided ineffective assistance and that the Putnam County Prosecutor's Office was guilty of misconduct.
Boles addressed a number of issues in the decision regarding the handling of the case by defense attorney James Holder. In these instances, the judge determined that Holder did not err, but that his decisions were "trial strategy."
For example, when the murder charge was added to an earlier charge of battery on a child causing death, Holder did not ask for a continuance. The judge saw this as trial strategy, given the mounting evidence against Farris.
"Holder did not request a continuance of the jury trial after the murder charge was added because, in his opinion, the state's case against Farris kept getting better with time as new witnesses and evidence were being uncovered," Boles wrote.
Furthermore, Boles determined it was difficult for Holder to even put together his case because of changing stories from Farris. Seven different witnesses in the original trial testified that Farris told them what happened, and each story was different.
"Farris told multiple people (including Holder) different versions of the events leading up to Tyler's death," Boles wrote. "Farris admitted to Holder that he had lied to him, too."
On top of this, Holder did not even know what Farris was going to say when he took the stand in his own defense.
"Farris told Holder that he would find out Farris' version when he testified at trial," Boles wrote, "making it impossible for Holder to prepare a strategy with Farris or prepare him to testify."
Although not cited in Boles' decision, it is also worth noting that back in 2005 when Farris told LaViolette he intended to appeal, Holder immediately requested and was granted release from the client.
Besides questioning Holder's defense, Farris also brought up possible misconduct by the prosecution regarding a witness in the case.
Manuwell Ross was a cellmate of Farris at the Putnam County Jail, and he testified at trial that Farris admitted the killing to him. Ross subsequently reported the admission to jail authorities and was a witness at the Farris trial.
Charges against Ross were later dropped, but Ross, his defense attorney, the head detective and a deputy prosecutor all testified this was not due to any leniency deal.
Instead, Fritz Modesitt, who was chief deputy prosecutor at the time, said the charges against Ross were dropped because he did not believe he could prove the case at trial.
Listing a total of 101 findings of fact, Boles ruled there was no basis for post-conviction relief for Farris, who will continue to serve his sentence at Wabash Valley Correctional Facility in Carlisle.
Farris severely beat Tyler Fogarty in the early morning hours of Nov. 4, 2004 in the Roachdale home he shared with the boy's mother Crystal and her two children. Tyler died later that day at Methodist Hospital in Indianapolis.
Crystal Fogarty was away from the home, shopping at Kroger in Crawfordsville, at the time of the incident. She pleaded guilty to child neglect and possession of methamphetamine in the case and was sentenced to two years of home detention and two years probation.