Appeals court affirms triple murder conviction in 1998 Hammond slayings

In a 3-0 decision, the appellate panel rejected a variety of arguments offered by James Higgason III, 53, seeking to overturn his convictions, including the long delay in bringing him to trial; the use of a digital copy of a phone call, instead the original cassette recording, linking him to the slayings; and several alleged procedural errors during his trial.

According to court records, Higgason beat to death Jerod “Buddy” Hodge, 18, of Chicago; Timothy W. “Midnight” Ross, 16, of Calumet City; and Elva Tamez, 36, on Jan. 18, 1998, during a drug-fueled robbery of Tamez’s home in the 4600 block of Torrence Avenue in Hammond.

David L. Copley Jr., 48, of Franklin, Indiana, pleaded guilty in 2021 to one count of murder linked to Hodge’s death. In exchange for his testimony against Higgason, Copley was sentenced to 45 years in prison in accordance with the terms of a plea agreement with prosecutors, records show.

According to court records, the long delay in bringing Higgason to trial was due to the inability to effectively test evidence gathered at the murder scene for DNA at the time of the crime.

Subsequent DNA testing in 2008 and 2020 linked Higgason and Copley to the slayings, records show.

Higgason argued in his appeal the evidence against him was unchanged since 1998 and the delay in filing charges was “really inexplicable.”

However, the appeals court concluded Higgason suffered no actual and substantial prejudice to his right to a fair trial because of the delay, which it said was justified because the subsequent DNA tests were new evidence tying Higgason to the murders.

The three appellate judges also said they had no issue with prosecutors substituting at trial a digital copy of two telephone calls between Higgason and Copley for the actual tapes because the digital recording was an exact copy and easier to play for the jury.

Finally, the appeals court denied Higgason’s request for a new trial based on a variety of supposed procedural errors during his trial, finding any such errors were harmless in light of the sufficient evidence the jury could rely on to reach a guilty verdict.

“Multiple witnesses put Higgason at the scene of the crime, Copley testified Higgason committed the murders with Copley, and the digitized recording included statements that suggest Higgason committed the murders,” the appeals court said.

Higgason still can ask the Indiana Supreme Court to consider reviewing the case and overturning his convictions.

Otherwise, Higgason is all but certain to die in prison because his earliest possible release date, assuming good behavior, is Jan. 14, 2111, according to the Indiana Department of Correction.