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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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