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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. 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

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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