(Indianapolis, IN) - The Indiana Court of Appeals has upheld the child molestation convictions of a man in La Porte County serving a 36-year sentence.
David Powers II, 52, was found guilty by a La Porte Circuit Court jury last year despite his absence from the trial. He later began serving his sentence after being apprehended in Tennessee.
According to court records, Powers unlawfully touched a 12-year-old girl on two occasions while the girl appeared to be sleeping.
Powers argued in his appeal that he did not receive a fair trial, and that the victim's testimony was so “incredibly dubious” and “inherently improbable” that no reasonable person could believe it.
The appeals court rejected Powers' claim, in part because the girl immediately sought help after being molested, and DNA testing following that second incident provided "very strong" circumstantial evidence that Powers molested her.
"Although Powers claims that (the girl's) DNA could have gotten on his fingers from touching another surface that contained her DNA, such as a doorknob, this argument was presented to the jury and rejected," the appellate judges said.
"The incredible dubiosity doctrine does not apply here," the appellate judges said.
Powers, who lived in Lake Station at the time of the molestations, can request the Indiana Supreme Court review his case. Otherwise, his earliest possible release date from prison is February 12th, 2049, according to the Indiana Department of Correction.
