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Court erred in admitting child's videotaped statement

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A trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting convictions.

Larry Cox appealed his convictions of 10 counts of Class A felony child molesting and five counts of Class C felony child molesting. The son of Cox’s ex-girlfriend claimed Cox had molested him. The son, D.H., was interviewed by the Tippecanoe County Prosecutor’s Office, and the interview was videotaped. The state was allowed to introduce the videotape into evidence, over Cox’s objection, instead of questioning D.H. on direct examination. He was subject to cross-examination.

Admitting the videotaped interview was an error, the appellate court concluded after examining the Protected Person Statute and Tyler v. State, 903 N.E.2d 463 (Ind. 2009). In Tyler, the Indiana Supreme Court held that testimony of a protected person may be presented in court or by pre-recorded statement through the PPS but not both except as authorized by the Indiana Rules of Evidence.

The state and trial court thought they were complying with Tyler by not allowing D.H. to give direct testimony on the stand and letting him be cross-examined, but that violated the spirit and general principles announced in Tyler, wrote Judge Michael Barnes in Larry Cox v. State of Indiana,  No. 79A04-0912-CR-741.

The Tyler court emphasized that a videotaped interview should only be introduced after considering if the child will be traumatized by testifying in open court. It found that if a child is sufficiently mature to testify in open court, then there is no need to resort to the Protected Person Statute.

“Of course, the procedure employed by the trial court here did not raise the specter of unfairly prejudicial cumulative evidence bolstering the in-court testimony of an alleged molestation victim,” wrote the judge. “Still, our system of justice clearly prefers live, in-court testimony given under oath, as evidenced in part by the Confrontation Clause and the hearsay rule.”

The appellate court found the introduction of the videotape to be a reversible error because there was no trial testimony regarding the charged crimes and any statement D.H. made on the stand wasn’t made under any kind of oath.

They also held that Cox may be retried and remanded for further proceedings.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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