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Judges uphold molestation convictions

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The Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation of the allegations weren't worthy of credit.

In Mario Martinez v. State of Indiana, No. 49A04-0905-CR-289, Mario Martinez argued the trial court should have granted his motion to correct error and ordered a new trial after W.M., his 12-year-old victim and niece, recanted her story that Martinez molested her several years earlier.

W.M. first reported the molestation when she was 10 years old to facilitators of the Indianapolis Metropolitan Police Department's Body Safety Program. She later told the same story to a child forensic officer at IMPD and while on the stand at Martinez's trial. After he was convicted of one count of Class A felony child molesting and two counts of Class C felony child molesting, W.M., by private counsel, filed a motion to intervene and set aside the jury verdict. She gave a deposition to her attorney that Martinez hadn't molested her and she made it up because she was mad at him for hitting her a few years earlier. Neither the state nor Martinez's counsel were notified or present during the deposition.

As a result of the deposition, Martinez filed a motion to correct error because the recantation was newly discovered evidence that warranted a new trial. The trial court denied the motion, finding the recantation wasn't worthy of credit.

On appeal, Martinez argued the state is required to designate new evidence in the form of affidavits to counter W.M.'s recantation; the state had designated W.M.'s pretrial interview and pretrial deposition, which is sufficient to counter her post-trial version of events, wrote Chief Judge John Baker.

Just as in Best v. State, 418 N.E.2d 316, 319 (Ind. Ct. App. 1992), the trial court was correct to deny Martinez's motion for a new trial. W.M.'s recantation first occurred in a private deposition outside of the presence of anyone representing the state, wrote the chief judge. Her story was consistent until after her uncle was convicted and she overheard her parents say he could be sentenced to 50 years in prison. It was also possible W.M. recanted her story due to her mother's fears her marriage would fall apart because of the conviction and her mother was being ostracized in her community.

Under these circumstances, the appellate court can't say the trial court abused its discretion by finding W.M.'s recantation wasn't worthy of credit and denying Martinez's motion for a new trial.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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