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Appeals court affirms admission of victim video in molestation trial

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St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.

The Indiana Court of Appeals affirmed the ruling in A.R.M. v. State of Indiana, No. 71A05-1111-JV-613. “The juvenile court did not err when it determined that the child victim’s videotaped statement to a forensic interviewer was reliable and that, on the facts presented, the child victim had testified at the fact-finding hearing, which was equivalent to the trial required by the (Protected Persons Statute),” Judge Edward Najam wrote for the panel.

The appeal involves A.R.M., one of four children of a mother who lived with two friends in South Bend. A.R.M. was a 13-year-old boy accused of crimes against an 8-year-old boy that would have been felony child molestation and battery if committed by adults, according to court records. At trial, A.R.M. was adjudicated a delinquent and committed to the Indiana Department of Correction for placement at the Indiana Boys School.

At issue in the appeal was the reliability of the videotaped interview with the victim, S.M., conducted several days after the incident. The interview took place at the office of St. Joseph Child Abuse Services Investigation and Education center.

A.R.M. contended the videotape didn’t meet the standard under the PPS to be reliable, and that the state didn’t meet the requirement of having S.M. testify or showing, through medical testimony or other evidence, that S.M. was unavailable to testify at the fact-finding hearing. The appeal also suggested the victim had been coached by his mother.

The appeals court ruled otherwise, saying no evidence of coaching existed, and that the court satisfied admission requirements to assure the videotaped evidence was reliable.

“We cannot say that the juvenile court abused its discretion when it determined that the time, content, and circumstances of the videotape provide sufficient indications of reliability,” Najam wrote.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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