Sentencing of Elkhart man convicted of child molesting rescheduled

Timothy Lee Hyser’s attorney asked the court to provide additional documents before cross-examining one of the witnesses testifying at the sentencing hearing.

Posted on Aug. 28, 2014 at 6:08 p.m.

GOSHEN — The sentencing hearing for a man who was convicted of child molesting was postponed after his attorney asked the court for additional documents in the case. 

Timothy Lee Hyser, 56, appeared in court for his hearing Thursday morning, Aug. 28. He was found guilty of two counts of child molesting following a three-day jury trial in July. 

This is the second time Hyser was convicted on the same case. He was initially found guilty of two counts of child molesting after a trial in Superior Court 3 in December 2012. He was sentenced to 30 years in prison

Hyser filed an appeal, and the Indiana Court of Appeals reversed the conviction. In his appeal, Hyser argued he was denied an opportunity to present a complete defense.

His case was transferred to Elkhart Circuit Court for a new trial.

During his sentencing hearing Thursday, the mother of the victim was called to testify, saying her child suffers from ADHD, post traumatic stress disorder, anxiety and depression.

She told the court her child had been diagnosed before the child molesting incidents were reported to police, but she was told it was possible the incidents were what triggered the PTSD and other mood disorders in her child.

Hyser’s attorney, William Cohen, asked the court to see the reports from Oaklawn and Lincoln Therapeutic Partnership, where the child was taken for behavioral therapy, before cross-examining the victim’s mother. 

The prosecuting attorney for the case, Peter Britton, told the court he didn’t have copies of the reports with him at the time, but he was against Cohen’s request anyway because of confidentiality issues. 

The judge asked both the prosecuting attorney and Hyser’s attorney to file written motions by Sept. 15 and reset the sentencing hearing to Sept. 18.

Follow Elkhart Truth reporter Sharon Hernandez on Twitter at @Sharon_HT.

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