High court grants transfer in molestation case

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court has granted transfer in a case to determine whether a defendant's convictions were unfairly affected by taped interviews played at trial.

In Brian Tyler v. State of Indiana, No. 69A04-0702-CR-120, the Indiana Court of Appeals upheld Tyler's convictions of vicarious sexual gratification and two counts of felony child molesting, as well as finding his sentence was appropriate.

Tyler had exposed himself to five children in his care and touched one of the young girls. He also had the three girls touch him. Three recorded interviews done while the children were at Cincinnati Children's Hospital were admitted into evidence at Tyler's trial. The five children also testified live in front of the jury.

Tyler appealed his convictions, arguing the admission of the taped interviews was inadmissible because they exposed the jury to a "'repetitive drumbeat' of allegations." He also claims admission of the tapes was a fundamental error.

He compared his case to Stone v. State, 536 N.E. 2d534, 541 (Ind. Ct. App. 1989), in which the court reversed a conviction of child molesting because the state used multiple witnesses to produce a "drum beat repetition" of the child's story. In that case, four adult witnesses testified before the child, which hindered the child's credibility.

However, Tyler's case was found not to be like Stone because the children's live testimony was presented first and not bolstered by testimony from adults. The only repetition was the playing of the recorded interviews and there was no undue repetition of any single witness's story, ruled the appellate court.

Tyler also claimed his total sentence of 110 years for the three convictions and 30-year habitual offender enhancement was inappropriate. The appellate court ruled that although Tyler has had a hard life and a low IQ, he is a danger to society. He committed the offenses that contributed to his habitual offender charge while he was in prison and he abused a position of trust.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...