ILNews

Prosecutor’s ‘CSI’ remarks don’t reverse molestation conviction

Back to TopCommentsE-mailPrintBookmark and Share

A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical “CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s child-molestation conviction.

The panel affirmed conviction of two counts of Class A felony child molesting in Jason Deaton v. State of Indiana, 79A02-1303-CR-282.  Deaton appealed citing the “CSI” remarks and the prosecutor’s statement during closing that a victim’s testimony alone was sufficient for conviction.

Deaton pointed to a prosecutor’s questions during jury selection in which he asked how people perceived the popular crime procedural drama and the need for DNA or other evidence to support a conviction. Deaton said the questions were meant to reduce the state’s burden of proof.

Cited in the record are the prosecutor’s reference to the “CSI” shows and these remarks: “Does anyone -- would anyone need DNA evidence in a case like this? Would anyone need fingerprint evidence in a case like this? Is anyone going to hold me to a ‘CSI’ standard? Make me bring in all sorts of forensic evidence and fingerprints and DNA and do the light shows that they do on that show? Is anyone expecting that?”

Judge Melissa May wrote that because Denton had preserved neither prosecutorial misconduct claims for appeal, the alleged misconduct would have to rise to fundamental error, and it didn’t in either case. She noted the prosecutor in fact had correctly stated the law in closing.

“(T)his court and our Indiana Supreme Court have upheld child molesting convictions on the uncorroborated testimony of the victim on many occasions,” May wrote for the panel that included Judges Cale Bradford and James Kirsch, noting Deaton pointed to no caselaw stating otherwise.

“Deaton has not demonstrated fundamental error in the State’s comments during voir dire regarding the ‘CSI effect’ and the State’s comments during closing arguments regarding the evidence presented,” May wrote. “Further, the State presented sufficient evidence to convict Deaton of two counts of Class A felony child molesting. Accordingly, we affirm.”   
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT