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Walters v. State

Court of Appeals of Indiana

January 20, 2017

Wiley W. Walters, Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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 Indianapolis, Indiana.

          MAY, JUDGE.

         [¶1] Wiley W. Walters, Jr. appeals his convictions for two counts of Level 1 felony child molest[1] and two counts Level 4 felony child molest.[2] 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.

         We affirm.

         Facts and Procedural History

         [¶2] On January 16, 2015, Walters picked up ten-year-old B.E., his relative, [3] 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.

         [¶3] 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.

         [¶4] 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."[4](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.

         [¶5] 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.

         [¶6] 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 ...


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