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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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