ILNews

High court grants transfer in molestation case

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court has granted transfer in a case to determine whether a defendant's convictions were unfairly affected by taped interviews played at trial.

In Brian Tyler v. State of Indiana, No. 69A04-0702-CR-120, the Indiana Court of Appeals upheld Tyler's convictions of vicarious sexual gratification and two counts of felony child molesting, as well as finding his sentence was appropriate.

Tyler had exposed himself to five children in his care and touched one of the young girls. He also had the three girls touch him. Three recorded interviews done while the children were at Cincinnati Children's Hospital were admitted into evidence at Tyler's trial. The five children also testified live in front of the jury.

Tyler appealed his convictions, arguing the admission of the taped interviews was inadmissible because they exposed the jury to a "'repetitive drumbeat' of allegations." He also claims admission of the tapes was a fundamental error.

He compared his case to Stone v. State, 536 N.E. 2d534, 541 (Ind. Ct. App. 1989), in which the court reversed a conviction of child molesting because the state used multiple witnesses to produce a "drum beat repetition" of the child's story. In that case, four adult witnesses testified before the child, which hindered the child's credibility.

However, Tyler's case was found not to be like Stone because the children's live testimony was presented first and not bolstered by testimony from adults. The only repetition was the playing of the recorded interviews and there was no undue repetition of any single witness's story, ruled the appellate court.

Tyler also claimed his total sentence of 110 years for the three convictions and 30-year habitual offender enhancement was inappropriate. The appellate court ruled that although Tyler has had a hard life and a low IQ, he is a danger to society. He committed the offenses that contributed to his habitual offender charge while he was in prison and he abused a position of trust.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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