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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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