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Man convicted of molestation was denied fair trial

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A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.

In Jerry L. Kindred v. State of Indiana, 28A01-1202-PC-50, Jerry Kindred appealed the denial of his request for post-conviction relief and reinstated his direct appeal to the felony conviction. Kindred was convicted of molesting his girlfriend’s granddaughter while they slept in the same bed.

Don Fish, a caseworker for Green County Child Protective Services, and Julie Martin, a sex-crimes investigator employed by the Green County Prosecutor’s Office, interviewed A.G. about her allegations that Kindred placed his finger in her vagina on several occasions. At Kindred’s trial, Martin testified about her role in charging decisions and she and Fish testified regarding what A.G. told them during the forensic interviews.

This testimony was not properly offered as course-of-investigation evidence as the state had argued, Judge Nancy Vaidik wrote. The fact that Martin generally requires corroborating evidence before filing charges is irrelevant. The testimony also contained hearsay.

A.G.’s mother, grandmother, and the grandmother’s ex-husband, as well as Martin and Fish, also testified that A.G. said Kindred molested her. A.G. also testified that Kindred molested her. This was drumbeat evidence, the judges held, pointing to the length of the testimony by Martin and Fish. The jury also heard Kindred’s entire 40-minute interview with investigators at which Fish repeatedly suggested Kindred touched A.G. and A.G. was being truthful.

There was also fundamental error when A.G.’s relatives vouched for A.G.’s credibility. The appellate court extended the decision of Hoglund v. State, N.E.2d 1230 (Ind. 2012), in which the Supreme Court expressly eliminated the vouching-testimony exception in child molesting cases, to also include testimony referencing whether a child was coached.

“We read Hoglund to suggest that testimony about whether a child has been coached amounts to the same improper commentary on the child’s truthfulness as testimony about whether a child is prone to exaggerate or fantasize about sexual matters. We hold that general testimony about the signs of coaching, as well as the presence or absence of those signs in the child victim at issue, preserves the ultimate credibility determination for the jury and therefore does not constitute vouching. By contrast, where a witness opines as to whether the child victim was coached — offering an ultimate opinion, as Fish did here — the witness invades the province of the jury and vouches for the child,” Vaidik wrote.

 Kindred may be retried if the state chooses to do so, the judges ruled after reversing his conviction.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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