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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.