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Appeals court affirms molestation conviction

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A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.

The court affirmed Dennis Feyka’s Class A felony child molestation conviction for molesting a 10-year-old girl during a sleepover his daughter was hosting.

Feyka argued the prosecutor’s comments during closing argument were fundamental error.

“We cannot say the references to Feyka’s failure to testify were fundamental error,” Judge Melissa May wrote for the unanimous panel.

Feyka also raised inconsistencies in the victim’s testimony, including evidence that the victim told an investigator that she didn’t know whether the incident was real or a dream. She testified at trial that she knew it was real.

The victim’s “testimony provided ample evidence to support Feyka’s conviction,” May wrote. “The uncorroborated testimony of the victim, even if the victim is a minor, is sufficient to sustain a conviction of child molesting, Morrison v. State, 462 N.E.2d 78, 79 (Ind. 1984), and it is within the province of the trier of fact to reject evidence to the contrary. See, e.g., Bennett v. State, 409 N.E.2d 1189, 1191 (Ind. Ct. App. 1980) (conflict between the State’s case and a defendant’s alibi is a matter to be resolved by the jury, whose decision will not be overturned on appeal if there is substantial evidence of probative value in the record to support it).”

“We must decline Feyka’s invitation to invade the province of the jury by reweighing the evidence and reassessing witness credibility,” May wrote.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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