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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.