Gerald P. VanPatten v. State of Indiana
2013 Ind. LEXIS 320
| Ind. | 2013Background
- VanPatten was charged with multiple counts of child molesting based on statements from two six-year-old girls, E.R. and S.D., during investigations and exams.
- E.R. and S.D. initiallyuch testified that VanPatten molested them; S.D. later recanted at trial.
- For Moss, a forensic nurse examiner, testified about the girls’ statements collected during examinations, seeking to admit under Rule 803(4).
- The trial court admitted Moss’s testimony as substantive evidence despite VanPatten’s foundational objections about the reliability/motivation of the child declarants.
- E.R. testified consistently with Moss, while S.D. recanted on the stand; Goewert testified only for impeachment.
- The Court of Appeals affirmed the convictions; the Indiana Supreme Court vacated the convictions on Counts II and IV due to the improperly admitted testimony and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission under Rule 803(4) proper? | State argues Moss’s patient-history statements were reliable for medical purposes. | VanPatten contends the foundation failed to show the declarants’ motive and understanding. | No; foundation insufficient; admission error found. |
| Impact on convictions and retrial? | State argues Moss's testimony was essential to prove Sch. counts; harmless error analysis. | VanPatten contends error undermined substantial rights; retrial allowed for S.D. counts. | Convictions vacated for Counts II and IV; remanded for new trial. |
Key Cases Cited
- McClain v. State, 675 N.E.2d 329 (Ind. 1996) (two-step McClain test for Rule 803(4) admissibility)
- Cooper v. State, 714 N.E.2d 689 (Ind. Ct. App. 1999) (foundation for child victims’ statements to nurse/certified examiner)
- In re W.B., 772 N.E.2d 522 (Ind. Ct. App. 2002) (therapist hearsay and reliability concerns in parental rights case)
- In re Paternity of H.R.M., 864 N.E.2d 442 (Ind. Ct. App. 2007) (child-social worker testimony reliability and purpose of interview)
- Palilonis v. State, 970 N.E.2d 713 (Ind. Ct. App. 2012) (sex-offense context; supports reliability analysis for medical statements)