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COA reverses child welfare molestation case

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The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.

In a 19-page decision in Cory Heinzman v. State of Indiana, No. 29A04-0710-CR-553, the court ruled 2-1 to reverse and remand the case on its official misconduct aspect regarding one victim.

Heinzman was a Department of Child Services caseworker from 2002 until the accusations surfaced in May 2005. A then-13-year-old autistic boy's mother called a hospital to report that Heinzman had molested her son during an eight-month period, and another teenager came forward after that to make similar accusations. A jury in June 2007 found him guilty on 16 counts of official misconduct and various sexual offenses involving minors and acquitted him of four. Hamilton Superior Judge Daniel Pfleging sentenced him to 106½ years.

The appellate majority didn't find a clear error in the trial court's decision not to sever the trial and that no error existed by not changing venue. But the court found that Heinzman established prima facie error in his convictions of official misconduct regarding the autistic boy, as there was no evidence that he was performing any "official duties" when the offenses against that minor were committed.

Judge Nancy Vaidik dissented, writing a separate six-page opinion that says she'd affirm the convictions and that she departs from her colleagues on the question of whether Heinzman's crimes against that minor relate to the performance of official duties.

She determined the majority improperly reweighed evidence in reaching the result and that the jury believed Heinzman had continued working with the autistic boy's family in a manner related to his Child Protective Services employment throughout spring 2005 when those inappropriate interactions occurred. Checking on the boy's needs fit into those official responsibilities as a family case manager, the judge wrote.

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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