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High court splits on molestation conviction

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The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.

Jeffery Sloan was convicted of Class A felony and Class C felony child molesting of his stepniece nearly 20 years after the last time he molested her. During the molestations when she was between the ages of six and 13, he told his stepniece that she should not tell anyone and that she would go to jail if she did. After 1991, the victim, M.A., began having less contact with Sloan, and she finally told her stepfather in 2007 about the molestations. She reported the molestation to the authorities in 2008.

Sloan filed a motion to dismiss his Class C felony charge, claiming it was filed well after the five-year statute of limitations. The Class A felony charge is not subject to a statute of limitations. The state argued Sloan committed acts of concealment which tolled the statute of limitations. The court denied his motion, and after he was convicted on both charges Sloan tried to have the judgment vacated, claiming double jeopardy violations. That motion was also denied and he was sentenced to 46 years.

The Indiana Court of Appeals reversed his Class C felony conviction, holding that tolling ends under the concealment statute when the defendant’s acts of concealment terminated, not when the victim tells authorities about the crime. It claimed under the concealment-tolling provision of Indiana Code 35-41-4-2(h)(2), the concealment ended in 1991 when the molestations ended and Sloan and his victim had less contact with each other.

But in Jeffery Sloan v. State of Indiana, No. 18S04-1009-CR-502, the majority of justices disagreed, citing Crider v. State, 531 N.E.2d 1151 (Ind. 1988), and I.C. 35-41-4-2(h)(2).

“The tolling provision affords a bright-line rule: once concealment has been found, tolling ends when evidence sufficient to charge the defendant becomes known to the prosecuting authority if that authority could not have discovered the evidence by the exercise of due diligence. Crider interpreted Indiana Code section 35-41-4-2(h)(2) accordingly,” wrote Justice Steven David for the majority. “In cases where threats or intimidation of a victim amount to concealment, the means by which a prosecuting authority becomes aware of sufficient evidence is often through the victim’s disclosure to that authority.”

The majority held once concealment is found, the relevant inquiry is when the prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant, and at that point, tolling ends and the statute of limitations begins to run.

Justice David noted that a strict reading of I.C. 35-41-4-2(h)(2) could toll the statutes of limitations for many other crimes, and that courts will still need to determine whether concealment exists in the first place.

On this matter, Justice Frank Sullivan dissented to which Justice Robert Rucker concurred. Justice Sullivan found himself in an “intermediate” position between what the majority held and how the Court of Appeals ruled.

“I do not agree with the Court of Appeals that once the defendant ceases threats and intimidation, the statute begins to run. Here the majority is most persuasive in pointing out that a victim may be too scared to report a molestation long after any specific threats or intimidation have ended,” he wrote. “In my view, the statutory tolling period should cease at the point in time when the victim no longer reasonably fears material retaliation or other adverse consequences from a defendant’s threats or intimidation.”

He believed it was clear that more than five years had passed since the time the victim ended reasonably fearing material retaliation or adverse consequences for reporting the crimes.

The majority also addressed Sloan’s double jeopardy claims, finding the state established that Sloan committed two separate criminal offenses based on distinct facts. They upheld his convictions and sentence.
 

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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