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Judge: consider corroborative evidence in certain molestation cases

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Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.

Baker dissented from his colleagues in Erasmo Leyva, Jr. v. State of Indiana, 02A03-1111-CR-535, because he believed that the victim’s testimony was incredibly dubious. A.L., who was 11 at the time, accused her father of placing his fingers inside her vagina during a visit to her father’s home. A.L. and her brother were at Erasmo Leyva’s home to celebrate Easter and their birthdays. When her stepmother, brother, and half-sibling were all asleep in the living room after watching a movie, A.L. said that her father molested her.

She intended to call her mother, but couldn’t immediately find a phone. She informed her mother of the alleged molestation when she arrived home the next day. A.L. said this was the only time her father had ever molested her.

The Court of Appeals upheld Leyva’s Class A felony child molesting conviction, rejecting his claim that his daughter’s testimony was incredibly dubious. He argued she had reasons to lie about the incident – A.L. was upset because her birthday party was being held on her brother’s birthday; she didn’t get a new cell phone for her birthday; and she was angry that her brother took her spot during the movie.

Baker, however, pointed to the multiple times in A.L.’s testimony in which she couldn’t remember many events and circumstances during the weekend of the alleged incident and couldn’t remember the events that didn’t reflect positively on her, like her anger toward her brother.

He also found the circumstances around the alleged molestation to run “counter to the human experience,” and she had a motive to fabricate. Baker then explained why courts should consider requiring corroborative evidence in these types of cases, citing cases from other jurisdictions.

“With the advent of modern technology, including DNA testing and analysis, it is not unreasonable to require some form of corroborating evidence before convicting a defendant when the sole witness is the victim,” he wrote. “This is especially true when the defendant has been accused of child molesting and similar offenses, insofar as if convicted, he will not only be sentenced accordingly, but also subject to certain registry and residency restrictions.”


 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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