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COA: Jury adequately instructed on presumption of innocence

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The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.

In Stephen Brakie v. State of Indiana, 65A05-1304-CR-172, Stephen Brakie was convicted of Class A felony child molesting for inserting a screwdriver into the vagina of a 4-year-old, causing significant tearing and bleeding.

“Here, we find that the court’s instructions adequately instructed the jury on the presumption of innocence,” Judge Elaine Brown wrote. “Specifically, the court instructed the jury that under the law of this State a person charged with a crime is presumed to be innocent and that ‘[y]ou should attempt to fit the evidence to the presumption that Stephen J. Brakie is innocent … .’  This instruction satisfied the Indiana Supreme Court’s holding in Robey that the jury should fit the evidence to the presumption that a defendant is innocent.”

The judges also held that there was sufficient evidence to support the molestation conviction. Brakie had argued that victim N.J. had told three different stories as to what happened. The court noted that this is an issue of witness credibility and it is up to the jury to weigh witness credibility.
 

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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 Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed .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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