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Wednesday, June 08, 2011

Ind. Decisions - "COA reverses conviction in molestation case"

Yesterday's COA opinion in the case of Michael J. Gaby v. State of Indiana (ILB summary here) is the subject of this story by Sophia Voravong in the Lafayette Courier Journal. Some quotes:

A Lafayette man who was found guilty last year of molesting a former neighbor's daughter while baby-sitting the girl more than a decade ago could receive a new trial.

That's because the Indiana Court of Appeals on Tuesday reversed the conviction against Michael Joseph "Joe" Gaby on grounds that the girl -- while testifying -- should not have been allowed to "refresh her memory" of what took place by reviewing the statement she previously gave to investigators.

The high court also found that Tippecanoe County Deputy Prosecutor Laura Zeman -- though responding to Gaby's argument that the victim was lying -- erred by telling jurors, "I cannot and would not bring charges that I believe were false," among other statements.

Posted by Marcia Oddi on June 8, 2011 10:38 AM
Posted to Ind. App.Ct. Decisions