ILNews

COA: Admittance of juvenile’s statement harmless error

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.

The court record shows that J.L., who was 12 years old, asked 6-year-old F.R. on May 26, 2012, if he wanted “to have a gay party,” and F.R. said “no.” J.L. persisted, F.R. did not cooperate, and J.L. then touched F.R.’s penis by placing his hand over F.R.’s clothing and squeezing F.R.’s penis for “one minute.” J.L. asked F.R. if he liked it, and F.R. responded “no.” Later that night, F.R. attempted to wake his father to tell him what had occurred, but J.L. prevented him from doing so. F.R. told his mother when he returned to her house at the end of the weekend.

J.L. and his mother went to the police in January 2013 to discuss the incident with Indianapolis Metropolitan Police detective Robin Meyers. J.L.’s mother does not speak English, so an officer interpreted for her and she was provided the juvenile waiver form in Spanish. Meyers told J.L. and his mother they could have time to talk together if they wanted, but officers never left the room and never stopped recording the interview. J.L. and his mother eventually agreed to talk in which J.L. admitted to touching the boy’s penis.

F.R. also testified about the incident. J.L. was found to have committed what would be Class C felony child molesting if committed by an adult. He appealed, arguing the trial court abused its discretion in admitting his statement to police and that the evidence doesn’t sustain his adjudication.  

In J.L. v. State of Indiana, 49A04-1306-JV-297, Judges Elaine Brown and Margret Robb found J.L. and his mother did not knowingly and voluntarily waive their right to meaningful consultation, citing the evidence that police never left the room and the interview continued to be recorded. But that error was harmless, Brown wrote.

“[H]ere the evidence reveals that J.L. taught F.R. about ‘gay parties’ and asked F.R. if he enjoyed it when J.L. touched his penis. Such conduct supports the inference that J.L. intended to arouse or satisfy his sexual desires,” Brown wrote. “Under these circumstances, we conclude that the State presented evidence of a probative nature from which a reasonable trier of fact could find that J.L. committed an act that would constitute child molesting as a class C felony if committed by an adult.”

Judge Barnes concurred in result, believing that the meaningful opportunity to confer was extended, considered and knowingly and voluntarily waived as contemplated by I.C. 31-32-5-2.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

ADVERTISEMENT