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COA affirms father’s convictions stemming from daughter’s injuries

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The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.

In Valentin Escobedo v. State of Indiana, 71A03-1202-CR-60, Valentin Escobedo was charged with murder, Class A felony battery and Class D felony neglect of a dependent after his two-year-old daughter was admitted to the hospital with significant injuries that left her brain dead in December 2008. M.E. had a history of sustaining injuries while in the care of her father dating back to December 2006. She had been removed from her parents’ home on several occasions but returned to their care.

When harvesting M.E.’s organs for donation, doctors discovered other injuries to her organs, ribs and bones. The autopsy ruled her death a homicide.

The state wanted to introduce evidence of injuries M.E. sustained in 2007 as it had originally filed charges based on injuries sustained in 2008, but the trial court rejected the state’s motion to amend. That evidence could be admitted if Escobedo’s witnesses opened the door to it. The trial court also allowed a defense witness, Dr. Peter Stephens, to testify on a limited basis regarding the injuries M.E. sustained to her liver and pancreas.

Escobedo was convicted of the neglect and battery charges and sentenced to 53 years. On appeal, he argued the trial court abused its discretion by excluding Stephens’ testimony regarding his opinion that M.E. suffered from a metabolic bone disease.

“Given the factors in Vasquez (v. State, 868 N.E.2d 473, 476 (Ind. 2007)), and our review of the record before us and the specific facts of this case, we conclude that the trial court did not abuse its discretion by allowing Dr. Stephens to testify while limiting his testimony,” Judge Rudy Pyle III wrote. “Here, the trial court weighed the nature of Dr. Stephens’s proposed testimony – which was medical and technical in nature and included topics about which the medical community was in disagreement – with the timing of the filing of the notice – which did not allow the State sufficient time to refute that medical testimony by conducting additional medical testing or by obtaining additional experts to testify – along with the fact that any issue regarding M.E.’s bones had been known and available for a minimum of one and one-half years since (wife) Kristina’s trial.”

Escobedo also claimed that the admission of rebuttal testimony by the state regarding injuries M.E. suffered in 2007 was inadmissible 404(b) evidence. While he was testifying, Escobedo mentioned the injuries in relation to M.E.’s prior removal from the home and denied he was responsible for her injuries.

“Here, Escobedo’s testimony that he was ‘done wrong’ left the jury with a false impression that M.E. was wrongfully removed from his home by DCS. Thus, his testimony opened the door to the State’s introduction of evidence to rebut this false impression. Because Escobedo opened the door with his testimony, Evidence Rule 404(b) did not bar admission of evidence of relating to M.E.’s injuries in 2007 that led to her removal by DCS,” Pyle wrote.

The judges also found that Escobedo’s sentence, for which he received the maximum on both counts, is not inappropriate



 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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