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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...