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COA affirms 5 child molesting convictions

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The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.

David E. Lyons appealed his five convictions of Class A felony child molesting related to incidents with his niece in 2004 through 2006 when the girl was around 10 years old. In 2010, after developing a number of emotional problems, K.F. told nurses at a hospital that her uncle had been molesting her.

At Lyons’ jury trial in 2011, Dr. Judith Williams, a licensed clinical psychologist with extensive experience counseling child victims of sexual abuse, testified on behalf of the state. While she had counseled K.F. for a short period of time, her testimony was not specifically related to K.F.’s treatment and, instead, was about general characteristics, mannerisms, and behaviors common among child abuse victims.

Lyons only objected once to part of her testimony, so on appeal, he brought a fundamental error challenge. He claimed that his convictions should be reversed because Williams based her responses on speculation.

In David E. Lyons v. State of Indiana, 76A03-1112-CR-582, the judges found Lyons mistakenly contended that Williams’ testimony was “scientific testimony” and is governed by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).  However, Williams’ testimony was actually “specialized knowledge,” under Ind. Evidence Rule 702(a), and any weakness or problems in the testimony only go to the weight of the testimony, not to its admissibility.

Williams’ testimony was about matters commonly observed in sexual abuse victims based on her own practice and in psychological literature. Lyons was free to cross-examine her regarding studies she cited, but did not, Judge John Baker wrote.

The judges also disagreed with Lyons’ assertion that the admission of Williams’ testimony violates the principles set forth in Steward v. State, 652 N.E.2d 490 (Ind. 1995). Admission of her testimony was not a fundamental error, and Lyons’ convictions and 150-year sentence is affirmed.

 

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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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