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3 of former corrections officer’s convictions upheld by appeals court

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A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.

In Maurice Frazier v. State of Indiana, 49A05-1210-CR-526, Frazier challenged his convictions of Class D felonies criminal confinement, official misconduct and two counts of sexual battery. In one incident, Frazier grabbed the shoulder of female Marion County Sheriff’s deputy S.R. and ground his pelvis against her buttocks. Several weeks later, he came into the control center where S.R. was working and tried to get her to come with him somewhere that the cameras wouldn’t be able to record. When S.R. tried to leave, he grabbed her arm a couple of times. After she sat back down, he grabbed her breast and put her hand on his crotch. S.R. reported the incident the next day.

The judges agreed with Frazier that there wasn’t sufficient evidence to support one of his Class D felony sexual battery convictions – the one where he pushed his pelvis into S.R. The state didn’t prove compulsion by force or imminent threat of force on this count. The state did prove at trial that Frazier committed Class A misdemeanor battery, so the trial court should enter judgment on this count as the misdemeanor and resentence him accordingly, Judge Nancy Vaidik wrote.

The appeals court also rejected Frazier’s claims that his convictions violate double jeopardy principles. His sexual battery convictions occurred weeks apart and were not based upon one incident, Vaidik pointed out. In addition, although the criminal confinement and second sexual battery charge stem from the incident in the control center, the criminal confinement charge is based on Frazier grabbing S.R.’s arm several times as she tried to move away from him. The sexual battery charge was based on his grabbing her breast and hand and placing it on his crotch.

Finally, Frazier argued his official misconduct conviction is double jeopardy because the same evidence was used to convict him of sexual battery. But there are separate victims in this case – S.R. was the victim of the battery and the public was the victim of the official misconduct, Vaidik wrote.

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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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