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Judges affirm 90-year sentence for child molester

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The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.

Jarrad L. Mastin was convicted of Class A felony child molesting and two counts of Class B felony child molesting and sentenced to 90 years for molesting his daughter beginning when she was 4 years old. The molestations came to light when the victim’s grandmother took her to the hospital because K.M. was peeing blood and in severe pain when she tried to use the bathroom. Tests showed she had Type II genital herpes. Mastin confessed to having engaged in sexual conduct with his daughter.

He appealed, claiming the admission of a statement by K.M. as told to her grandmother was hearsay; there wasn’t sufficient evidence to support the convictions based upon sexual intercourse; and his sentence is inappropriate.

In Jarrad L. Mastin v. State of Indiana, No. 18A02-1109-CR-890, the judges agreed that the testimony by the grandmother that K.M. said to her that her daddy played “secret games” with her should not have been allowed. K.M. did not testify at the trial. But Mastin didn’t contemporaneously object at trial, and he claimed on appeal the admission was a fundamental error. The judges found it did not rise to that level and other evidence supported Mastin’s convictions.

Mastin also argued that there wasn’t any evidence of penetration to support his Class B felony convictions, but the statute only requires penetration by a male sex organ of the female sex organ. That can include penetration of external genitalia, wrote Judge L. Mark Bailey. There is sufficient evidence to conclude that Mastin’s sex organ penetrated his daughter’s sex organ.

The judges also upheld the 90-year sentence and found that his claim of prosecutorial misconduct is waived.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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