Hyser v. State

Citation996 N.E.2d 443
Decision Date28 January 2014
Docket NumberNo. 20A05–1301–CR–37.,20A05–1301–CR–37.
PartiesTimothy L. HYSER, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.
CourtIndiana Appellate Court

OPINION TEXT STARTS HERE

Marielena Duerring, South Bend, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

Timothy L. Hyser appeals his convictions for child molesting as a class A felony and child molesting as a class C felony. Hyser raises three issues, one of which we find dispositive and restate as whether he was improperly denied a meaningful opportunity to present a complete defense. We reverse.

FACTS AND PROCEDURAL HISTORY

In 2007, Joni Miller and her son, J.M., who was born in January 2005, moved into a house in Elkhart County, Indiana, next to Hyser's house. In April or May of 2008, Mark Marner, Miller's boyfriend, moved in with Miller and J.M. At some point, Hyser became friends with Miller, Marner, and J.M.

On December 27, 2011, the police contacted Miller because there had been a report to the Department of Child Services (“DCS”) that Marner was abusing J.M. Detective Charles Osterday with the Elkhart County Sheriff's Department investigated the report together with an investigator from DCS. During the investigation, Detective Osterday obtained information from J.M. that he had been sexually abused by Hyser.

In June 2012, the State charged Hyser with Count I, child molesting as a class A felony, and Count II, child molesting as a class C felony. The State filed a motion in limine requesting the court to restrict Hyser and his counsel from offering evidence of, among other things, any mention of Marner's status as a registered sex offender and any mention of parental discipline of J.M. by Marner, and the court granted the motion.

A jury trial was conducted during which the jury heard testimony from, among others, Miller, J.M., Detective Osterday, Marner, and Hyser. Hyser's counsel informed the court that Hyser's position was that the case against him was based upon false accusations which were made in retaliation against Hyser for reporting his observations of Marner abusing J.M. Hyser's counsel said that Marner threatened Hyser by stating there would be “hell to pay” if Hyser spoke out about what he observed. Transcript at 4. During cross-examination of Detective Osterday, Hyser's counsel asked the identity of the person who had made the report to DCS that Marner was abusing J.M., and the State objected. The court stated that Hyser's statements to DCS were hearsay, that Detective Osterday could testify that his investigation started when he received a call from DCS, and that the fact that the report was made by Hyser was inadmissible hearsay. Hyser testified that the allegations against him were false, that he would never molest a child, that he had eleven grandchildren, that J.M. “was never at [his] house by himself unless [he] was babysitting for him which they asked me to do or they were there,” and that J.M. “was never sent over to play with the animals, given a time to stay. That never happened.” Id. at 287.

Later, Hyser presented an offer to prove, and presented the testimony of Deborah Collins, Melvin Key, Marner, and Miller. Collins testified that, while visiting with Hyser, she witnessed Marner physically strike J.M. Specifically, Collins testified that Marner “doubled up his fist and hit [J.M.] in the side, buckled the little boy to the ground.” Id. at 335. Collins testified that she told Marner “not to ever, ever let [her] see him do that again, that it was child abuse, and it wouldn't be beyond [her] to turn him in.” Id. Key testified that, in 2011 while visiting Hyser and his neighbor Marner, he observed Marner strike J.M. Key testified that [i]t was not discipline,” that J.M. was “kind of doing a drop-kick,” that Marner “hit him in the right hip, which stopped [J.M.'s] forward progress, back him up, and dropped him on the floor,” and that Marner “doubled his fist and hit [J.M.] in the right hip and stopped him in mid-air.” Id. at 338.

Marner testified that he had registered as a sex offender with the Elkhart County Sheriff. He stated that he recalled a time in August 2011 when he was at Hyser's house with Collins when she told him never to hit J.M. like that again or that she would notify DCS. When asked [d]id there come a time a few days after this incident with [ ] Collins that you went back and told [ ] Hyser that J.M. had made some allegations about him,” Marner stated: “I think that was the first time, yes, about him putting his penis in his mouth.” Id. at 345. Marner testified that, after that time, J.M. went to Hyser's house only under supervision. Marner stated that he did not call DCS or the police about the incident J.M. reported to him in August 2011. When asked “despite this statement from [J.M.], you still allowed [ ] Hyser to watch him when he got off the bus from time to time,” Marner responded affirmatively. Id at 347. Hyser also offered an exhibit indicating that Marner was a registered sex offender.

Hyser's counsel argued that the testimony and evidence Hyser wished to present showed the retaliatory motive of Marner and that the allegations against Hyser were fabricated. Hyser's counsel argued that the facts to which Collins and Key testified were “objectively observed,” that Hyser's “contention and defense is that [ ] Marner had [J.M.] make up these stories, fabricate these stories, about sex abuse involving [ ] Hyser in order to blunt or put the end to the investigation into [ ] Marner and his abuse with [J.M.],” that “it's a form of retaliation; it goes to [ ] Marner's motive,” that “his motive would be relevant [ ] and admissible,” and that the facts “prove the defense of retaliation.” Id. at 353–354. The State argued that the testimony of Collins and Key was not relevant because of the time between the August 2011 incident and the December 2011 disclosure. The court found that Collins would not be allowed to testify as reflected in the offer to prove and that Key's testimony was not relevant.

Hyser's counsel further argued that the fact that Marner was a registered sex offender was relevant because it showed that Marner knew how the system worked, that he understood that, if there were a new charge against him, then J.M. could be taken away from him and he could be charged with a crime, and that he had a strong motivation to put an end to the investigation. The court did not admit Hyser's proffered evidence that Marner was a registered sex offender on the basis that it was not relevant. With respect to Hyser's request to elicit testimony that Marner threatened Hyser, the State argued that the statement would be hearsay and irrelevant given that the disclosure occurred in December 2011. The court stated: “I'm not going to allow the evidence of a threat. I am going to allow, however, the testimony of [ ] Marner concerning the fact that the child made a disclosure to him earlier, and that he allowed [Hyser] access to the child even after that disclosure was made.” Id. at 363.

Hyser was found guilty as charged on Counts I and II. The court sentenced Hyser to thirty years for his conviction under Count I and four years for his conviction under Count II, to be served concurrent with each other.

ISSUE AND ARGUMENTS

The issue is whether Hyser was denied a meaningful opportunity to present a complete defense. Hyser contends that the trial court prevented him from presenting testimony and evidence critical to his defense, namely, certain testimony he wished to elicit from Collins, Key, and Detective Osterday, and the evidence that Marner was a registered sex offender. Hyser argues that, “from the very outset [his] defense was predicated upon the theory that Marner had influenced J.M. to falsely accuse him of child molest[ation] in retaliation for Hyser taking action in reporting Marner to the authorities for physically abusing J.M.,” that [t]his defensecertainly had some degree of plausibility when the evidence is viewed as a whole,” and that [t]he trial court refused to permit Collins to testify as to what she saw and what she said to Marner.” Appellant's Brief at 7–8. Hyser further argues that Key also testified that he witnessed physical abuse by Marner, and that he attempted to elicit testimony from Detective Osterday which would tend to show that it “was his report of physical abuse that prompted J.M.'s report of sexual allegations.” Id. at 8. Hyser maintains that testimony he wished to elicit was not inadmissible hearsay and that “clearly the intent was that this evidence about the report of physical abuse was not being offered for the truth of those facts, but merely to show that the statement was made.” Id. Hyser also maintains that the court wrongly excluded evidence that Marner was a registered sex offender as it “was relevant to help prove that Marner had the prior experience to know how the system worked and therefore how to coach J.M. to tell a more convincing story.” Id. at 9. Hyser asserts that the wrongful exclusion of the corroborative testimony of Collins, Key, and Detective Osterday, as well as the evidence that Marner was a registered sex offender, prevented him from having a meaningful opportunity to present a complete defense which prejudiced his substantial rights under the Fourteenth and Sixth Amendments, and thus that he deserves a new trial.

The State maintains that the trial court did not improperly impinge on Hyser's right to present a defense. The State argues that Collins did “not identify when the incident she observed had occurred,” that Key indicated the incident he had observed occurred in 2011 but did not specify when,” and thus that the court “properly found the proposed testimony by Collins and Key was not relevant, as Hyser did not show any connection between Collins and Key's allegation that Marner had struck...

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  • Hinkle v. Neal
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 13, 2022
    ...heavily on Hyser v. State , an Indiana appellate decision addressing the constitutional right to present a complete defense. 996 N.E.2d 443 (Ind. Ct. App. 2013).The Court of Appeals of Indiana affirmed, holding that the state trial court did not abuse its discretion by excluding evidence of......
  • Hinkle v. Neal
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 13, 2022
    ...heavily on Hyser v. State, an Indiana appellate decision addressing the constitutional right to present a complete defense. 996 N.E.2d 443 (Ind.Ct.App. 2013). Court of Appeals of Indiana affirmed, holding that the state trial court did not abuse its discretion by excluding evidence of S.B.'......
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    • March 26, 2018
    ...to falsely accuse Hinkle of molestation.[18] In his brief, Hinkle principally relies on this Court's recent opinion in Hyser v. State , 996 N.E.2d 443 (Ind. Ct. App. 2013). In Hyser , we stated:Hyser attempted to present a defense that the allegations and testimony against him were fabricat......
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    ...). "When competent, reliable evidence is excluded that is central to the defendant's case, this right is abridged." Hyser v. State , 996 N.E.2d 443, 448 (Ind. Ct. App. 2015), trans. denied. A criminal defendant, however, does not enjoy an unlimited constitutional right to offer exculpatory ......
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