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Molester’s imprisonment alone insufficient to bar contact with son

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Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.

Myron Jay Rickman filed a pro se appeal of Grant Circuit Judge Mark Spitzer’s denial of a petition for modification of visitation and denial of his motion to correct error, and won at least a procedural victory. The appellate panel sent the matter back to the trial court and ordered the judge to issue findings of facts on the ruling or grant a hearing.
 
The Court of Appeals opinion in Myron Jay Rickman v. Sheila Rena Rickman, 27A02-1211-DR-950, notes that Rickman was convicted for offenses that did not involve his child. Rickman asked the appeals court to instruct the trial court to conduct an in camera interview with his son, now 16, to determine his desire to have communication with his father.

The panel didn’t do that, but it did reverse the court’s denial in some measure because the child’s mother, Sheila Rena Rickman, did not file an appellate brief.

Judge Elaine Brown wrote for the court that a chronological case summary entry in the matter stated only that Rickman’s petition was denied without hearing and that Rickman was incarcerated on child molesting charges.

“That statement is factual and does not constitute a sufficient written explanation indicating why the petition was denied or whether it was denied pursuant to Ind. Code § 31-17-4-2, or whether the court considered the Parenting Time Guidelines,” Brown wrote for the panel.

“In either event, a factual basis and a finding as to potential endangerment of (the son’s) physical health or safety or significant impairment of his emotional development are necessary. If on remand, the trial court determines the Guidelines to be applicable, it must then proffer an explanation for its departure from the Guidelines. Thus, the trial court must reflect upon the best interests of the child and the possible consequences of its departure from the provisions of Indiana Parenting Time Guideline I(A). Doing so would enable us to thoroughly and appropriately review the trial court’s deviation and the reasons behind it,” Brown wrote.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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