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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.