ILNews

Closed-circuit testimony not unconstitutional

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The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.

In Hane C. Harris v. State of Indiana, No. 18A04-1108-CR-391, Hane Harris was charged two counts of Class A felony child molesting, one count of Class C felony child molesting and Class D felony child solicitation stemming from his sexual abuse of his girlfriend’s daughter. The jury found him guilty, except for one count of Class A felony child molesting, and also found Harris to be a habitual offender.  

Harris shared an apartment with his girlfriend and her daughter, T.D.S, when the child was between ages 7 and 8. He molested T.D.S. repeatedly, threatening to kill her and her mother if she told anyone. T.D.S. told her grandmother about the abuse when she was 9 years old, and a subsequent physical examination revealed evidence of her allegations.

Harris was sentenced to 81 years, with 79 years executed. On appeal, he claimed he was denied his right to confrontation because T.D.S. was allowed to testify via closed-circuit television. He also contended that the trial court erred in imposing consecutive sentences.

The appellate court held that based on the testimony of a psychiatrist and the child’s grandmother, the state was able to show that T.D.S. was a protected person who, if required to testify in-person, could suffer serious psychological trauma. Although she was not present in the courtroom, the defense was still able to cross-examine her via closed-circuit television.

Harris also argued that the court failed to articulate why it was imposing consecutive sentences. The COA held that a trial court need only find one aggravating factor to impose consecutive sentences, and Harris had seven aggravators, including 10 prior felony convictions and 10 misdemeanor convictions. While the appellate court affirmed the length of his sentence, it remanded to the trial court, holding that the habitual offender finding is an enhancement to his sentence, and not a separate offense, as the trial court recorded.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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