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Accused molester denied chance to present complete defense

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Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.

Timothy Hyser was accused of molesting his young neighbor J.M. The accusation came to light in December 2011 when police investigated a report of abuse against J.M. by his mother’s boyfriend, Mark Marner.

Hyser contended that the trial court prevented him from presenting testimony and evidence critical to his defense, namely, certain testimony he wished to elicit from Deborah Collins, Melvin Key, and Detective Charles Osterday, and the evidence that Marner was a registered sex offender. Collins and Key both testified that they had observed Marner strike J.M. in 2011. Hyser wanted the evidence Marner was a registered sex offender entered to show Marner knew how the system worked and that J.M. could be taken away from him if a new charge was filed against him.

Hyser’s defense was predicated on the theory that Marner had influenced J.M. to falsely accuse him of child molesting in retaliation for Hyser taking action reporting Marner to the authorities for physically abusing J.M. Hyser argued the testimony he wanted to elicit was not inadmissible hearsay, as the trial court had ruled.

“The testimony and evidence Hyser wished to elicit and present was exculpatory, unique, and critical to his defense. The trial court did not permit Hyser to present his defense that the allegations and testimony against him were untrue and fabricated in retaliation or response to the fact that he had made a report to DCS that he believed Marner was physically abusive toward J.M.,” Judge Elaine Brown wrote in Timothy L. Hyser v. State of Indiana, 20A05-1301-CR-37. “Hyser had the right, as a fundamental element of due process of law, to present his own witnesses to establish a defense and to present his version of the facts.”

Brown noted in reversing the molestation convictions that the state is not barred from retrying Hyser.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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