Kokomo Tribune; Kokomo, Indiana

Local News

July 2, 2009

Man convicted of child molest gets released

Judge overturns Steve Thomas’ 2003 conviction, new trial set for October.

After serving more than six years of a 150-year prison sentence, Steven Thomas of Greentown is a free man. At least for now.

Thomas, 54, was released from prison last week after new evidence in the case prompted a judge to grant a post conviction relief and overturn his conviction.

“I lost six years, four months and seven days,” Thomas said in an interview with the Kokomo Tribune.

In 2003, a jury convicted Thomas on six counts of A felony child molest and six counts of B felony incest after deliberating for more than seven hours in Howard Circuit Court.

Judge Lynn Murray then sentenced him to 30 years, with five years suspended, for each of the six molest convictions to run together for a total of 150 years. On the incest convictions, she ordered him to serve 10 years each, for a total of 60 years. The judge did order the molest and incest counts be served concurrently.

The victim testified during the trial that Thomas molested her and made her conduct oral sex on him on numerous occasions from 1996 to 2001. She was 7 years old at the time the alleged molest began.

The jury also heard corroborating evidence from Dr. Radcliffe Jones, who testified that photographs of a sexual assault examination taken by Dr. Chuck Sprague indicated intercourse had occurred.

That evidence though was contradicted in two post conviction relief hearings July 11, 2008, and Feb. 12, 2009, by two physicians who testified that Jones erred in his examination of photographs depicting the abuse.

Dr. Roberta Hibbard and Dr. Stephen Guertin testified that Jones’ testimony was inaccurate, and the photographs were not consistent with intercourse, which is an important detail in convicting a person of A felony child molest.

The physicians also testified that it is not uncommon for a physician with less experience to misinterpret the results.

“In view of Dr. Hibbard’s and Dr. Guertin’s degree of expertise contrasted with Dr. Jones’ limited experience in conducting sexual abuse exams, in all likelihood, Dr. Jones’ opinion and testimony were erroneous,” Murray wrote in her May 26 decision.

Murray further stated that in preparation of the 2003 trial, defense counsel Matthew Elkin should have sought a medical expert to dispute Jones’ testimony.

“Elkin did not make a reasonable investigation with respect to the state’s medical evidence and thereby Elkin’s representation fell below an objective standard of reasonableness and was deficient,” Murray said.

Throughout the case, Thomas has denied the accusations, but did not testify at his trial.

“I swatted her at few times, but I don’t consider what I did was [molest],” he said Wednesday of disciplining the child.

Thomas denied abusing or molesting the victim, who is now 21 years old and lives in Minnesota.

“I have no contact with her and don’t want to,” he said. “I would like to see her straighten her head out. I never would do something like it. I would kill somebody that did that. Child molesters are the deepest, lowest trash on earth.”

Thomas first appealed the conviction and sentencing in April 2003 and was given a partial victory. The appellate court reversed the six convictions of incest on the grounds of double jeopardy in 2004, since the molest and incest counts resulted from the same crime. The molest convictions, though, were affirmed as was the original sentence.

Thomas, who had been imprisoned since his 2003 conviction, was released last week after posting $10,000, 10 percent of his $100,000 bail pending trial.

He still faces the six molest charges and is set to re-appear Sept. 30 for a pretrial hearing and Oct. 20 for a second jury trial.

“I wasn’t expecting it,” he said of being released. “I thought I would have to go through another year of appeals.”

As for the second trial, Thomas said he is worried a jury in Howard County couldn’t be objective.

“People have long memories about something like this,” he said. “I’ll probably have to get a change of venue.”

Thomas also said he wanted to testify at his first trial, but Elkin recommended against him taking the stand.

“Because I’m a nervous type of person, he didn’t want me on the stand. I wanted to catch [the victim] on her lies. Basically that’s why I got convicted, plus the doctor’s testimony. I’m not a revengeful type of person. I’m just trying to clear my name,” he said.

For now, Thomas is hoping to get his life back to normal.

“I’m trying to get my license back and get a job,” he said. “I lost everything. I’m keeping a positive attitude, but it’s hard.”

• Mike Fletcher is the Kokomo Tribune crime reporter. He can be reached at (765) 454-8577 or mike.fletcher@kokomotribune.com.

Text Only | Photo Reprints
Local News
  • chocolate celebration Venue change doesn't deter crowds from Chocolate Celebration

    It was a different shell for Kokomo’s biggest candy event, but the chocolaty tastes and aromas inside were the same as always.

    February 3, 2012 1 Photo

  • Walk will honor shooting victims

    Following a string of random shootings that left two Kokomo residents dead and three others hospitalized, several members of the shaken community have been moved to organize a Peace Walk to pray for the victims and their families.

    February 3, 2012

  • Peru to cut 2012 budget

    The Indiana Department of Local Government Finance issued a mandate last week requiring the city of Peru to cut $783,000 from its 2012 budget.

    February 3, 2012

  • Haynes records $8.4M profit

    Earnings fell short of what Haynes International Inc. originally expected for its first fiscal quarter of 2012, as the company profited $8.4 million.

    February 3, 2012

  • Brady’s admission catches NFL off guard

    NFL Super Bowl officials were hoping to score some major media attention with the arrest of a “web pirate” accused of illegally streaming sporting events over the Internet.

    February 3, 2012

  • Haynes International posts $8.4M profit

    The Kokomo-based high-performance-alloy manufacturer's profits are up more than $3 million from a year earlier.

    February 3, 2012

  • fatal accident Crash claims one

    A 21-year-old Sharpsville woman died at the scene of a single-vehicle crash on U.S. 31 near the Tipton-Howard county line, which was one of two serious crashes in Howard County Thursday.

    February 2, 2012 1 Photo

  • Newville is found guilty in rape case

    Jurors in Howard Circuit Court took just four hours Thursday afternoon to convict 49-year-old Steven Newville of attempted rape, criminal confinement, battery and receiving stolen property.

    February 2, 2012

  • madonna The Material Girl comes to Indianapolis

    Suddenly, she arrived, with her famous bleach blond hair, the almond-shaped eyes, the ruby-red lips.

    Madonna, in the flesh, was standing in front of about 500 media members, in Indianapolis.

    February 2, 2012 1 Photo

  • Police: Struggle leads to K-9 bite

    A man police say punched and choked a police K-9 during a foot chase Wednesday faces multiple charges, including battery on a police service animal.

    February 2, 2012

eEdition
ktbizlinc.kokomotribune.com
Featured Ads
More kokomotribune.com
KT Twitter Updates
Follow me on Twitter

Community Calendar
Loading…
Events by eviesays.com
AP Video
Killer of Fla. Girl Found in Landfill Gets Life Army Orders Bradley Manning Court-martial Cancer Charity Revives Breast-screening Grants Heavy Snowstorm Hits Colorado On Its Way East 2nd Teacher From LA School Arrested on Sex Claim Prosecutors Close Armstrong Inquiry, No Charges Sights and Sounds: Football Fans Pour Into Indy Unemployment Rate Down to 8.3% Obama: Still Far Too Many Americans Need Jobs GOP: Jobs Numbers Welcome, Can Do Better Fla. Man Adopts Girlfriend in Legal Battle More Deaths As Egypt Clashes Continue Raw Video: Prince William in Falklands Egpyt Protesters Blame Police for Soccer Deaths 'Lucky' 9-Year-Old Receives 6-Organ Transplant Raw Video: Michelle Vs. Ellen in Pushup Contest First Person: Will Peyton Manning Stay in Indy? Egypt Shaken After Deadly Soccer Riot New Suits, New Starts for New York's Unemployed Hall of Famer Dorsett Speaks Out on NFL Injuries
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.