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Published: September 24, 2008 11:57 am
Convicted Clark County molester sentenced to 50 years
Man maintains innocence, plans to appeal conviction
By MATT THACKER
Matt.Thacker@newsandtribune.com
A man convicted of six counts of child molesting was sentenced to 50 years in prison Tuesday in Clark Superior Court No. 1.
Last month, a jury convicted Richard Dean Martin, 31, of six counts of class A felony child molesting.
While Martin maintains he is innocent, Deputy Prosecutor Shelley Marble said she hopes the conviction and sentence sends a message to other victims.
“I hope it allows girls who go through this to come forward and opens the doors of communication,” said Marble, who prosecuted the case.
An 11-year-old girl who lived with Martin told an investigator with Child Protective Services that Martin touched and kissed her private parts. He was charged in March 2007.
The molestation reportedly occurred in New Albany, Clarksville and Sellersburg during a three-year period and happened about three times per month. The victim testified that Martin threatened her not to tell her mother.
The victim’s mother said in court Tuesday that her daughter did not go to the sentencing because she is ready to move on with her life. She said her daughter is doing well in school, but has nightmares.
“She still feels like it’s partly her fault,” the victim’s mother told the judge. “She still has to live with this the rest of her life.”
Judge Vicki Carmichael sentenced Martin to the harshest possible penalty for each count. She sentenced him to 50 years executed, but ordered the sentences to run concurrently. Marble had asked for the sentences to run consecutively, while Martin’s attorney, Niles Driskell, asked for probation only.
Martin complained that the attorney who represented him during trial did not allow him to testify.
“They didn’t get to hear my side, and they didn’t get to hear the truth,” Martin told the judge. “I would never harm a child.”
Driskell — who was hired to represent Martin for sentencing and appeals — said he and his client are considering their legal options. He could file a motion to correct an error within 30 days in the Superior Court or go directly to the Indiana Court of Appeals.
During the sentencing, Driskell called several witnesses who testified that they believe Martin is innocent and would trust him with their children.
“He denies (guilt) vigorously,” Driskell said.
Martin’s sister, brother-in-law, fiancé’s mother and pastor all testified on his behalf.
Pastor Keith Wilkins said he has counseled four pedophiles and said he does not believe Martin could have molested a child. He claims that if Martin had enough money to hire an attorney for the trial, he would have been found not guilty.
Martin was represented by the law office of Nathan Masingo during jury trial. Masingo was not immediately available for comment late Tuesday.
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