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

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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.”   
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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