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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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