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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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