COA finds church member’s lack of brotherly love not sufficient to uphold conviction

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A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.

The Indiana Court of Appeals reversed the trial court’s conviction of Paul R. Semenick for criminal trespass, as a Class A misdemeanor. Semenick, a long-time member of Lakeview Christian Church, was arrested and charged with criminal trespass and disorderly conduct following a scuffle at a Sunday worship service.

The incident began when Semenick told a volunteer greeter and other church members they were speaking too loudly. When one of the congregants placed his hand on Semenick’s shoulder to apologize, Semenick told him to “get your hand off me.” The volunteer greeter then brought into the sanctuary an off-duty police officer, Sgt. John Dierdorf, who patrols the church’s parking lot during services.

Although Semenick was seated and participating in the worship, the police sergeant asked him to leave. Semenick exited into the main hallway but did not leave the building and “kept on ranting,” referring to the police officer as a “rent-a-cop,” until he was arrested.

At the conclusion of the trial, Semenick was acquitted of disorderly conduct but convicted of criminal trespass. The trial court sentenced him to 365 days of imprisonment, suspending 363 days and ordering him to stay away from Lakeview.

Semenick appealed.

In reversing the trial court’s ruling in Paul R. Semenick v. State of Indiana, 49A02-111-CR-1035, the Court of Appeals ruled the state failed in its burden to prove material elements of criminal trespass because it did not provide evidence that disavowed Semenick’s contractual interest in being on the property and it did not delineate Dierdorf’s authority.  

Judge Paul Mathias dissented, concluding the evidence presented at trial was sufficient to support the jury’s conviction.

“Under the applicable standard of review for claims challenging the sufficiency of the evidence supporting a jury verdict, I conclude that the state presented sufficient evidence that Sgt. Dierdorf was an agent of the Church and that Mr. Semenick had no contractual interest in Church premises,” Mathias wrote. “And even if Mr. Semenick had some limited right to be on the Church premises, I believe his disruptive behavior terminated that limited right.”


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  1. 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

  2. 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?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.