ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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