ILNews

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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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