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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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