Wiley W. Walters, Jr., Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Huntington Circuit Court, The Honorable Thomas M.
Hakes, Judge, Trial Court Cause No. 35C01-1502-F1-41
Attorney for Appellant Jeremy K. Nix Matheny, Hahn, Denman
& Nix, LLP Huntington, Indiana.
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana James B. Martin Deputy Attorney General
Wiley W. Walters, Jr. appeals his convictions for two counts
of Level 1 felony child molest and two counts Level 4 felony child
molest. Walters raises two issues,
which we restate as:
1. Whether the court abused its discretion in allowing
hearsay testimony pursuant to the exception for statements
made for medical diagnosis or treatment, and
2. Whether his fifty-year sentence was inappropriate.
and Procedural History
On January 16, 2015, Walters picked up ten-year-old B.E., his
relative,  from her home. B.E. and her
siblings had stayed with Walters before but he requested they
visit separately this time because "they're a little
too rambunctious together." (Tr. at 336.) Walters and
B.E. first went to Dairy Queen, where Walters told B.E. they
would be staying in a hotel rather than with his brother,
John, where Walters usually lived. B.E. objected to this
change in plans, but Walters took her to the hotel.
B.E.'s mother, C.E., was not aware of Walters' plan
to stay at a hotel.
When they arrived at the hotel, Walters already had the room
key. Walters and B.E. went to the room and watched some
television. Walters then insisted B.E. disrobe and take a
bath. When she objected, he threatened to spank her and
started to count to three, so she disrobed. Walters followed
her into the bathroom and asked if he could watch. B.E.
objected, and Walters left the bathroom.
B.E.'s clothing was outside the bathroom. When she came
out of the bath, Walters insisted he dry her off. As he dried
her, he touched her "who-who."(Id. at 179.) B.E. got dressed,
but Walters ordered her to disrobe again and get into bed
under the covers. He undressed down to his underwear and got
into the bed. Walters proceeded to squeeze B.E.'s breasts
and her buttocks. He kissed B.E. and then touched and
penetrated B.E.'s genitalia with his finger. He forced
B.E. to touch his genitalia and performed oral sex on her.
Afterward, Walters and B.E. went to John's house. The
following day, B.E.'s brother joined them.
On January 24, 2015, while planning B.E.'s eleventh
birthday party, C.E. noticed her daughter was decidedly moody
and "having bouts of emotions." (Id. at
341.) When C.E. tried to talk to B.E., B.E. told her what had
happened. C.E. contacted her husband, Walters, and her
father. C.E. then contacted the Huntington County
Sheriff's Department. On January 29, 2015, B.E. was
interviewed at McKenzie's Hope, a Child Advocacy Center.
On January 30, 2015, B.E. was examined at the Fort Wayne
Sexual Assault Treatment Center by Shawn Callahan, a sexual
assault nurse examiner.
The State charged Walters with two counts of Level 1 felony
child molest and two counts Level 4 felony child molest. At
trial, when Nurse Callahan testified as to what she was told
by B.E., Walters objected. His objection was overruled
pursuant to the "medical records exception."
(Id. at 303.) Although Walters continued his
objection, the trial court still overruled him because
B.E.'s discussion with Callahan was for "medical
purposes, and the witness was ...