APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Kelli E. Fink, Judge Cause No. 82C01-1001-FA-20
The opinion of the court was delivered by: Darden, Judge
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
MEMORANDUM DECISION - NOT FOR PUBLICATION
Larry Lefler appeals his convictions for two counts of class A felony child molesting and one count of class C felony child molesting.*fn1
Whether the trial court abused its discretion in excluding evidence.
Ker.L. was born on February 19, 1994. Thereafter, Lefler established paternity and sporadically exercised visitation rights.
Kel.L. was born on July 28, 1994. Kel.L.‟s mother and Lefler married in October of 1998. In 2000, Lefler adopted Kel.L. Lefler and Kel.L.‟s mother divorced in 2002, after which Kel.L. visited Lefler approximately three weekends per month.
Generally, Ker.L. only visited Lefler during his visits with Kel.L. Visitation usually took place at Lefler‟s parents‟ residence, where Lefler lived. During the visits, Ker.L., Kel.L., and Lefler slept in Lefler‟s bedroom and all three often slept in the same bed or on the floor together.
When Ker.L. was twelve years old, she and Lefler went to sleep on the floor of his bedroom. When Ker.L. woke during the night, she felt Lefler‟s "finger . . . in [her] vagina." (Tr. 104). Ker.L. pushed Lefler‟s hand away, got up, and went to the bathroom. She then went to sleep in another room. "Some time later," Ker.L. told Kel.L. about the incident but promised Kel.L. she would not report it because Kel.L. "was scared." (Tr. 105).
When Kel.L. was in the fifth grade, Lefler gave her a blue pill, claiming it was a vitamin. After taking the pill, Kel.L. became "really tired" and fell asleep. (Tr. 158). Kel.L. later woke up to find Lefler "pulling down [her] underwear." (Tr. 158). Lefler "pulled [her] closer to him," so they were lying face-to-face on their sides. (Tr. 159). Lefler then put his "private" on her "privates," (tr. ...