Man convicted of child molest gets released

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

By Mike Fletcher

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.

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