ILNews

Judges find no prosecutorial misconduct at molestation trial

Back to TopCommentsE-mailPrint

The Indiana Court of Appeals affirmed a man’s multiple convictions for molesting three children, rejecting the defendant’s claims that the state committed prosecutorial misconduct when it commented during closing arguments on the truthfulness of his testimony.

During his bench trial on the molestation claims, Tibbs claimed he couldn’t have committed two counts of Class B felony child molesting against one of the victims because he was incarcerated in South Bend for the entire time alleged in those two counts – between Nov. 21, 2002, and Nov. 20, 2003. But Tibbs’ juvenile record did not show he was incarcerated in South Bend. The state could not find any information on the incarceration.

At closing arguments, the state mentioned the lack of documentation to support Tibbs’ claim, saying “Can you take what the defendant and his mother say to the bank? Absolutely not.”

Tibbs didn’t object at trial and never filed a motion to consider new evidence.

“We cannot say that the prosecutor’s actions amounted to fundamental error. The comment was merely a comment upon the evidence, which is permitted during closing argument,” Judge Melissa May wrote in Gary Tibbs v. State of Indiana, 49A05-1210-CR-517.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT