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Court upholds former DCS worker’s child molesting convictions

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The Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’ case manager found guilty of molesting his cousin’s son.

Cory A. Heinzman raised several issues on appeal: whether the trial court erred by denying his motion for discharge, whether it abused its discretion in admitting testimony that he claims vouched for the credibility of the victim and a letter written by the victim, and whether his convictions of three counts of Class C felony child molesting constitute double jeopardy. He also challenged his sentence.

In addition to being convicted of molesting his cousin’s son in 2002 and 2003 when the boy was 10 and 11, Heinzman pleaded guilty to Class D felony sexual battery in a separate case that involved the boy’s younger brother.

The trial court did not err in denying Heinzman’s motion for discharge because he waived his right to a speedy trial under Criminal Rule 4(C) by not objecting when the trial court set a trial date outside the one-year time limit, the judges found in Cory Heinzman v. State of Indiana, 29A02-1012-CR-1327. Because Heinzman was responsible for some delay in the trial, did not timely assert his right to a speedy trial, and has failed to demonstrate resulting prejudice, the delay in his trial didn’t violate his constitutional right to a speedy trial.

The judges ruled the trial court didn’t abuse its discretion in admitting evidence of the report showing Heinzman’s abuse had been “substantiated” because this testimony didn’t run afoul of Indiana Evidence Rule 704(b), wrote Judge Paul Mathias. The letter written by the victim was admissible under an exception to the hearsay rule and was cumulative of the boy’s testimony.

Heinzman’s convictions of child molesting don’t constitute double jeopardy and the trial court didn’t abuse its discretion in sentencing him.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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