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Man’s child molesting conviction upheld

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The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.

Malloch was accused of fondling C.P.’s breast and inserting a finger in her vagina in 2003 and 2004, which he claimed happened when he was sleeping and sharing a bed with the girl. The molestation allegations did not come to light until nearly five years later. Malloch was questioned by DeKalb County Sheriff’s detective Donald Lauer. The two interviews were videotaped. During the second interview, Malloch admitted to touching the girl’s vagina while he was awake and wrote an apology letter to C.P.

Malloch was originally charged with two counts of child molesting, but one was dismissed for statute of limitations. After a mistrial at his first trial, Malloch was convicted of the Class A felony in September 2011.

Malloch raised five issues on appeal, including whether the trial court abused its discretion in denying his motion for a continuance made three days before his second trial;  whether the court erred by admitting Malloch’s statements in the recorded interviews, in which he ultimately confessed; and whether the state committed prosecutorial misconduct amounting to fundamental error.

After his mistrial, Malloch wanted to call a doctor as a sleep expert who had treated Malloch, but the doctor would not be able to testify at the trial. The trial court denied the continuance. The record here is devoid of any indication that the doctor ever intended to appear and Malloch made no record as to when the doctor would be able to testify.

The judges found no abuse of discretion in admitting Malloch’s statements. He never unambiguously and unequivocally invocated the right to counsel and his statements in both interviews were voluntary.

The appellate court found the state did not predispose the jury against him and that the state’s improper impeachment of Malloch’s wife and C.P.’s mother did not place Malloch in grave peril.

“We have concluded, however, that at most, only two isolated, brief remarks during closing argument constituted prosecutorial misconduct. These instances must be viewed in light of the evidence at trial, which included C.P.’s testimony and Malloch’s confession. The jury was able to view the interactions between Malloch and Detective Lauer during both interviews and could thus evaluate the voluntariness of Malloch’s confession against his claim of coercion and sexsomnia. Although Malloch did not receive a perfect trial, we are confident that he received a fair trial,” Senior Judge John Sharpnack wrote in Steven E. Malloch v. State of Indiana, 17A03-1201-CR-37.

 

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  • Prosecutor immunity
    This is just one more example how the law and the courts favor prosecutors. There were only two incidents of prosecutorial conduct, brief remarks were made in closing arguments. Remarks no matter how brief can sway a jury to find a defendant guilty, when abscence of the remarks might have induced a not guilty verdict. Remarks like the ones in question are not made accidentally, they are made intentionally because we all know that the jury does not disregard remarks just because the judge says to. The prosecution knows this only too well! Please google the Infallible Prosecutor and you will have a different opinion of justice!

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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