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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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