Appellate court orders new trial in child molesting case

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A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.

In Bradley Bradford v. State of Indiana, No. 59A01-1104-CR-215, Bradley Bradford had been convicted of molesting his niece in a hotel room where he, his then-wife and other children were staying during a family vacation. Bradford’s niece, A.T., reported the incident to her mother upon returning home to Marion, Ind. After an investigation by the police and the Department of Child Services, Bradford was arrested on the molestation charge.

At trial, the DCS caseworker who interviewed A.T. testified that the abuse allegation was substantiated. Bradford objected, arguing that the caseworker’s testimony violated Indiana Evidence Rule 704(b), which states: “[w]itnesses may not testify to opinions concerning intent, guilt, or innocence in a criminal case; the truth or falsity of allegations; whether a witness has testified truthfully; or legal conclusions.”

The COA agreed, holding that admission of that testimony likely had a prejudicial impact on the jury. It reversed Bradford’s conviction and remanded for retrial.



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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon