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Four witnesses testified during the first day of a three-day jury trial for a Warsaw man who allegedly molested a child.
Earl E. Myers Jr., 50, of 920 Anchorage Road, lot 33, Warsaw, is charged with child molesting, a level 1 felony; and child molesting, a level 4 felony.
Myers is being represented by Brian Pyle and William Kirkwood, Warsaw. The state's case is being presented by Deputy Prosecuting Attorney Joseph Sobek.
In Indiana, a level 1 felony is punishable by 20 to 40 years in prison, with an advisory sentence of 30 years.
Affidavit of Probable Cause
On July 31, 2024, a Warsaw Police Department officer responded to a report of a child molestation. A man said he dropped a child off at a hotel on July 19, 2024, and picked them up on July 21, 2024. Myers lived at the hotel.
According to court documents, the child's babysitter was helping them bathe when they mentioned being inappropriately touched by Myers.
A forensic interview was completed on Aug. 2, 2024. During the interview, the child described being touched by Myers and said the touching occurred more than one time.
Myers denied inappropriately touching the child and submitted to a polygraph examination on Aug. 7, 2024. Examination results showed Myers was deceptive when asked if he inappropriately touched the child.
The child's babysitter told officers she was helping the child bathe when the child said Myers' name while their hand was near their genitalia.
Trial Proceedings
Seven men and seven women were seated on the jury in Kosciusko Superior Court I around 10:30 a.m. Monday, with Judge Karin McGrath presiding.
In his opening statement to the jury, Sobek detailed facts listed in the affidavit of probable cause, noting the child turned 10 in the summer of 2024, when the molestations allegedly occurred. He also told the jury they would learn about the child through a videotaped forensic interview and testimony of family members, rather than them testifying. Sobek and the witnesses all said the child has a speech impediment and intellectual issues.
"This case is all about (the victim) ... their experience, their descriptions of what happened to them and what Earl Myers Jr. did during their interaction," said Sobek.
Pyle told the jury there was no evidence to prove Myers molested the child.
"None of that has been proven," said Pyle. "(Earl) has cooperated every step of the way, and you cannot be convinced he did it beyond a reasonable doubt."
The state's first witness was the babysitter listed in the affidavit, a woman whose son and daughter-in-law have guardianship of the victim's older brother. She said she's known the victim for years and helps care for them, saying the child refers to her as "grandma." In her testimony, the babysitter said the child was playing outside and got dirty. As a result, they asked to take a shower.
While in the shower, the child poked at their genitalia, saying Myers' name and that "he did it." The babysitter described the child as "looking scared with a wide-eyed look." When this happened, the babysitter called the child's father, and the child was taken to a hospital for an examination.
In cross-examination, Kirkwood asked if there were prior bathing instances where the child gave any indication something was wrong. The babysitter said that was the only time, but noted the victim kept repeating their statement about Myers.
She also said an adult was always present with the child and their brother, and that the brother was never present in the bathroom when the child bathed.
The victim's dad was the state's second witness. He described the child's communication, saying they get upset if people don't understand them and they sometimes talk with their hands if they have difficulty getting their point across. The father also noted the child's speech and learning problems, saying the child has an individualized education plan at school where they receive speech and reading services.
At the time of the alleged molestations, the father said the child's biological mother and Myers lived together at a hotel in Warsaw. The child's mother and father are divorced, with the father seeing the child on weekends. In his testimony, the father said the child would have been in Myers' presence the weekend prior to them telling their babysitter they were touched.
In cross-examination, the father said the child does struggle to comprehend names to a point. It was also noted that one of Myers' children is also named Earl, with the father stating his child refers to Myers' son as "little man." He said if the child was emotional that they may struggle to differentiate between Myers and his son.
The babysitter was recalled for testimony after the discussion on Myers' son, estimating the son's age to be around 6 years old.
Cathy Dirrim, a retired emergency room nurse from Angola, was the state's third witness. She completed a non-acute sexual assault exam on the child on Aug. 2, 2024, with the exam occurring more than five days after the molestation may have occurred. Dirrim said the report was made beyond the time limit for any possible DNA evidence to be collected from the child. No injuries were noticed, which Dirrim said was pretty typical for most SANE exams.
Through a juror question, it was noted an emergency room physician examined the child and heard they were experiencing some tenderness in their pelvic area.
The state's final witness for the day was Lorrie Freiburger, a forensic interviewer who spoke with the child on Aug. 2, 2024. Freiburger said the child disclosed what occurred during the interview, using quite a few sensory details to describe it. She told the jury the child didn't hesitate to correct her if she didn't understand something.
The forensic interview was videotaped and played for the jury. In the interview, the child said Myers used his hand to inappropriately touch them. They said it hurt and told Myers to stop, but alleged that Myers said he wouldn't. The child said the molestations occurred at the hotel and described an instance where Myers took his clothes off and inappropriately touched himself in front of the child.
The child also drew circles around genitalia on anatomical male and female figures, showing where they were touched and where Myers was touching himself.
Myers' trial resumes at 9 a.m. Tuesday, with Sobek expected to call more witnesses for testimony.
