Will Aaron Nichols get off easy in Ha...

Will Aaron Nichols get off easy in Hamilton Circuit Court

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Just Wondering

Bloomington, IN

#1 Jun 24, 2008
Nichols will be charged as an adult

Tipton man faces multiple molestation charges
By MEGHAN DURBAK
Tribune staff writer

TIPTON — After nine months of court hearings, Tipton County resident Aaron Nichols, 21, was waived into adult court on six charges of child molestation in Tipton and Hamilton counties.

In Tipton County, Nichols was charged with a class B felony charge of deviant sexual conduct involving a child under the age of 14 and a class C felony of fondling or touching a minor. In Hamilton County, he was charged with child molesting, a class B felony, attempted child molesting, a class B felony and two counts of child molesting, class C felonies.

The charges came after Nichols allegedly confessed the offenses to the Tipton Department of Child Services in March 2006, according to Hamilton County Deputy Prosecutor Stephanie Smith. Nichols was a minor at the time the alleged events occurred.

The incident allegedly occurred in 2002 between Nichols and a boy who was 7 or 8 at the time, Smith said. The other case dealt with an 11-year-old in Hamilton County in 2004.

Smith said she asked for Nichols to be waived into adult court because,“he is of an age the juvenile court system really can’t address anything.”

Lawyers have argued on whether to prosecute Nichols in juvenile or adult court since the case was brought before the prosecutor in late April.

To date, no arrests have been made.

Hamilton Circuit Court Judge Judith Proffitt will review the case and likely issue an arrest warrant in the near future. She will set a hearing in the next few days, Smith said. Proffitt is handling both the Tipton and Hamilton county cases.

Smith and Proffitt took over the case after Tipton County Prosecutor Jay Rich and Tipton Circuit Court Judge Tom Lett recused themselves due to perceived conflicts of interest.

Both men have worked with Nichols’ father, Bob Nichols, the Tipton county coroner, and his uncle, Brad Nichols, a county councilman.

If convicted, Aaron Nichols could serve from six to 20 years for a B felony and two to eight years for a C felony.
tired of molesters

Bloomington, IN

#2 Jun 24, 2008
The below article happened just last year. It involves the same Defense attorney, same Prosecution, and same Judge. This guy had ONLY one Class C !!! Aaron has 3 B's and 3 C's. NOW YOU FOLKS DECIDE....something smells rotten to me! The legal system makes no sense. They should be consistent in the punishment ruling! That is WHY people's voices need heard...these children's voices need heard!

(I tried to copy the picture...but it didn't come through. To view it - google his name)

Child molester sentenced to 4 years
Written by Rebecca L. Sandlin
Tuesday, 06 November 2007

Convicted child molester Timothy W. Moore, 32, of Cicero was sentenced Monday to four years in the Indiana Department of Correction.

Moore Moore was convicted by a jury Sept. 26 on one count of child molestation, a Class C felony. The same jury found Moore not guilty on another Class C count and was hung on a third count, a Class A felony.

In a sentencing deal reached between the Hamilton County Prosecutor’s Office and defense attorney James Crum, Moore accepted an eight-year sentence – the stiffest penalty for a Class C felony charge – in exchange for Deputy Prosecutor Stephanie Smith’s agreement to forgo filing the Class A charge against him a second time.

“Mr. Moore has continued to maintain his innocence,” Crum said.“We certainly want the opportunity to save both families from going through the risk of a trial again.”

Hamilton Circuit Court Judge Judith Proffitt sentenced Moore to a total of eight years: four to be spent in the Department of Correction, two years on work release and two years on probation. He must also register as a sex offender within seven days after he is released from incarceration. Moore also gave up his right to appeal the sentence by accepting the agreement, in lieu of further prosecution.

The victim, who was 5 years old when the incidents occurred between October 2004 and August, 2005, sat in the courtroom during the sentencing hearing with her father and family on one side; Moore’s family sat across the aisle.

“I trusted this man with my daughter, and it wound up almost killing both of us,” her father told Judge Proffitt.“I’ll never trust him again.”

Moore did not make a statement in court Monday.
MSC

AOL

#3 Jun 24, 2008
Aaron Nichols is scheduled for a plea bargain hearing on Thursday, June 26th, 8:45 am, Hamilton County Courthouse before Judge Judith Proffitt.

There will be a pre-hearing prayer vigil held on the ocurthouse lawn at 8:15 am. Please join us.
GraKn

AOL

#4 Jun 25, 2008
If I were you I would get a permit to assemble like that. The county fathers don't take kindly to people gathering on their property. Watch where you park....they will nicle and dime you with their meters.

Hamilton County is all about the money
Mike

Bloomington, IN

#5 Jun 25, 2008
Brewer sentenced to 8 years

Teen pleaded guilty to felony child molest
By MIKE FLETCHER
Tribune staff writer

A Howard County man who pleaded guilty last month to molesting a 6-year-old boy was sentenced to eight years in prison Monday in Howard Superior Court 4.

Judge George Hopkins handed down the maximum eight years against 18-year-old Timothy Brewer, citing the aggravating factors in the crime outweighed the mitigating factors.

Hopkins said the relationship between the defendant and victim was that of a position of trust and there were indications this was not an isolated situation.

Brewer was represented by attorney Randy Hainlen.

After sentencing, Brewer said he would appeal the sentence and requested a court-appointed attorney to handle the appeal. A status hearing is set for Thursday.

Howard County sheriff deputies arrested Brewer in March on a warrant for two B felony child molest charges after the victim told Child Protection Services and deputies that Brewer molested him on several occasions in November.

Detective Sherrie Galloway conducted interviews and later executed a search warrant at Brewer’s residence as part of the investigation.

In June, Brewer pleaded guilty to a lesser included C felony charge in May as part of a plea agreement with Howard County Prosecutor James Fleming.

Brewer was given credit for 113 days served in the Howard County jail prior to his conviction.

Brewer was also ordered to pay court costs and register a sex offender upon his prison release.

If convicted on the original B felony, he could have faced up to 20 years in prison on each charge.
betrayed

Rushville, IN

#6 Jun 26, 2008
they gave him the bare minimum allowed by law.
Disgusting!
You wouldn't want to know just how many little kids Aaron molested that aren't part of the charges. His youngest victim was only 4-5 months of age according to him. They have dropped ALL THREE of the class B felonies as part of this plea. They are completely ignoring the most disgusting things he did and they are ignoring the pain and bravery of the children that we able to tell.
angry

Rushville, IN

#7 Jun 26, 2008
Why aren't the "good guys" being the good guys?

Did they get paid off, or what?

How could anyone let him walk around free?
GdW

AOL

#8 Jun 27, 2008
As someone who has been well aware of this case from the beginning, I can defintely understand the outrage that many of us have expressed on the forum today.
Wha others are probably not aware of, is that Mr. Nichols has/had been in counseling, and yes, it is documented in the transcript. This situation has put many others into counseling as well(out of their own pocket, in most cases).
Because of the relationship of Mr. Nichols' father to the Prosecutor and Judge in Tipton, after over a year, they recused themselves and a special Prosecutor was assigned. This Prosecutor from Hamilton County, fought to have Mr. Nichols tried as an adult. He was waived to adult court in September of 07.
Countless interviews were done with the children. Some remembered and told their stories, others had no recall as they were too young or possibly they blocked out(only time will tell). There was a situation where in Tipton County, a taped interview of victims who recalled was lost, somewhere between CPS and the Prosecutor's office, which required the children forced to come back again, and tell their horrific nightmare(s).
There are children who were never named by Mr. Nichols.
CAUSE NO. 29C01-0704-JD-652 AND 80C01-0704-008
STATE OF INDIANA
COUNTY OF HAMILTON
IN RE: AARON NICHOLS
Transcript of Proceedings, taken in the initial & waiver hearing held in the above captioned causes on the 4th day of September 2007, before the Honorable Judith S. Proffitt, Judge and Special Judge of said Courts.
“….I WAS SCARED. I DIDN’T KNOW WHAT TO DO, SO I TURNED TO MY FATHER FOR ADVICE AND HE ADVISED ME NOT TO DISCLOSE THE OTHER INCIDENTS WHO WERE NOT IN THE REPORT IN ’04.”
The Special Prosecutor, who went to bat for these victims by having Mr. Nichols waived to adult court, is now agreeing to Mr. Nichols to serving probation, and having his name placed on the sex offenders registry for a few years, as a plea for 3 C-class counts. The 3 B-class counts were dropped in this plea. The plea results in no jail time. In fact, Mr. Nichols has not served any jail time. In Hamilton County he posted the $5000 bond and in Tipton County, there was no bond and he was allowed to leave on his own recognizance.(FYI - A Class B is considered worse than a Class C. A Class C is normally of the touch and fondling variety)
In the press, The Special Prosecutor stated that she accepted the plea, even to the dis-satisfaction of the victim's families, because she did not want to put the kids through a trial. The families have stated that their children were willing to testify. In other conversation, she stated that she wants to send a message to encourage other molestors and pedophiles to turn themselves in.
In my opinion, this sends the wrong message. If the prosecutor wants to send a message; offer a free pass day. Using this case to promote her agenda is wrong and a total dis-service to these children.
If anyone is interested in making their voice heard, here is Judge Proffitt's address. She will be considering the plea and reviewing the probationary interview prior to rendering her decision on August 13th.
Honorable Judge Judith S. Proffitt
One Hamilton Square, Suite 337
Noblesville, IN 46060
enough

AOL

#9 Jun 27, 2008
The parents actually spent time yesterday praying for Aaron and his family because we want him to be healed. We don't want him to EVER hurt another child. We feel that if he doesn't face real consequences, he will be much more likely to do this again. We do not feel mere probation is nearly enough, as he already LOVES to talk about himself and now will have one more person that will have to listen to him, if the judge approves this plea. As far as the sex registry.......well, we all know that there are 18 year olds on there that were dating 17 year olds, and it doesn't specify what they did. 10 years isn't enough anyway. What he took from these kids will be with them for life.

The real insult is that they dropped all three of the class "B" felonies which he was charged with for forcing small children to give and receive oral sex with him. It is incomprehensible how a big teenage guy could stand in front of a little kid and do that. However, the reality is that if they keep any of the "B" felonies, he would be required by law to serve some time in prison and the registry would be for life.

The parents feel so betrayed by the person we viewed as the hero here that would get some justice for all these kids. We just truly don't understand. Our hearts are broken once again.
tache

United States

#10 Jun 28, 2008
What an insult to these poor kids. What can their parents possibly say to them that would help them to understand why a Prosecutor appears to be more sympathetic to a child molester than to innocent victims!

Stephanie Smith needs to switch to being a criminal defense attorney (specilized in defending molesters) than a prosecutor supposed to protect babies!
Channel 13

Bloomington, IN

#11 Jun 28, 2008
The Tipton GetRag thought this was only a 2nd page story

http://www.wthr.com/Global/story.asp...
incredulous

Chicago, IL

#12 Jun 28, 2008
So, does Stephanie Smith regularly defend the perps more than the victims?
How would she feel if he had hurt her child?
Truth

AOL

#13 Jun 29, 2008
It is clearly evident now that the prosecution has completely loss touch with the victims. I was there. We were all in the courtroom, except the Prosecutor. None of us knew where she was. Another friend of ours was coming and so I went to the hallway to make sure she found her way. I witnessed the prosecutor rush off the elevator in a panic as she was unorganized and over 20 minutes late to the hearing. She was having a meltdown about whether or not the files were there, etc. Thanks to her staff, as they put the prosecutor together, they briefed her quickly as to what was going on, and then she rushed to the courtroom. Rumor had it that her alarm didn’t go off. The Judge, awaiting the Prosecutor, took another case and we sat in on another hearing instead of everyone twiddling their thumbs waiting on the Prosecutor.
The plea the state accepted was entirely in favor of the CONFESSED child molester. I’m sure Aaron wasn’t happy about being on the registry list for 10 years, but if it keeps his butt out of jail, and no B felonies….then it DEFINITELY was in his best interests! Sorry kids….what you will endure for the rest of your life does not have enough merit as does Aaron coming forth and confessing.

The prosecution has already showed leniency due to the fact he messed with many, many kids…… only 2 children had strong enough cases to prosecute. Some children would talk, but their parents are keeping them quiet. Others don’t have memories, and others (parents and child) won’t talk at all.
People need to realize that there should be MANY, MANY MORE felony charges against him!
Truth

AOL

#14 Jun 29, 2008
Afterwards, many parents were outraged. Some parents approached Stephanie to talk about getting a copy of the plea in writing. A Father asked a simple question in a well-mannered tone. The question was,“So why does he not get any jail time?” With that, the Prosecutor lashed out and a heated debate began. The professionalism of the Prosecutor to start arguing with some hurt parents says a lot……I mean, who’s side is she on???? IMO, it definitely isn’t the children. The Prosecution feels that IF A PERSON CONFESSES of a crime, then they should be given leniency. What the *@#$*&^??????? She told the parents that she thought putting him in jail would undo all of his counseling as he would not be able to see his shrink in jail. Can you believe that????? THAT IS HER OPINION!!!! My opinion is that by making his butt sit in jail for awhile will make him THINK ABOUT WHAT HE HAS DONE! IMO, a punishment that fits the crime is the best medicine for a cure!! And who is she to decide what is best for him????? Isn’t it her job to prosecute to the fullest extent of the law….and then let the judge decide his punishment!!!!!???? She should listen to the families and these children and do her best to give them justice!!!
So Stephanie…..what this means is:
I can go shoplift for several months, go to the police and confess….and all I get is probation?
I can go rape someone, go to the police and confess…..and all I get is probation?
I can go murder someone, go to the police and confess…and all I get is probation?
The media is reporting that the Prosecutor is doing what the victims want. THAT IS FAR FROM THE TRUTH. I sure wish the reporter was standing there so they could have written EXACTLY the comments of the Prosecutor as she is ARGUING with these parents! As the debate continued, the Prosecutor told the parents that she thought she was giving them closure because the victims and the supporters have been demanding something be done for a long time, and now she doesn’t understand why they are angry when she IS getting it solved quickly instead of dragging it to trial. The parents, devastated and confused, argued back saying that YES, they wanted this nightmare to end, but giving him no punishment is NO JUSTICE. The prosecutor told the parents that she thought the plea was punishment! THE PARENTS HAVE MADE IT CLEAR FROM THE BEGINNING THAT THEY WOULD SETTLE FOR NOTHING LESS THAN SOME JAIL TIME AND LIFETIME ON THE REGISTRY!!!!! THE PARENTS SCREAMED BACK THAT THESE CHILDREN ARE PREPARED TO GO TO TRIAL & HAVE TOLD HER ALL ALONG !! Even at the waiver hearing last year, I witnessed a mother of a victim state on the witness stand that her son does not want Aaron to EVER hurt another child and she said that her son was ready to testify! I heard that with my own two ears as did the Prosecutor & Judge! Another statement the Prosecutor said was that these parents would not have even known had Aaron not come forward and told what he did to their children…..like Aaron did these parents some kind of favor????? OH MY GOSH! Sadly….these parents walked away thinking they were just having a conversation with THE DEFENSE ATTORNEY!!!!!!
Unfortunately, my opinion is, the citizens of Hamilton county have a lazy prosecutor who doesn’t have herself together, can’t appear on time for these children, and doesn’t want to work hard at (going to trial) prosecuting a confessed child molester to the fullest extent of the law….because afterall, he did come forward and confess….which by the way is not true. A child told in 2004…..and he confessed in counseling to more….BUT the counselor is forced to report when a crime is committed. HE HAD NO CHOICE BUT TO COME CLEAN. But even if he did it completely on his own, without recommendation,- without being given an ultimatum,- without force……IT DOESN’T MAKE IT RIGHT! You do these sick crimes, you need to face a punishment that fits it!!!!!!!
Truth

AOL

#15 Jun 29, 2008
This case is an outrage,….the children have suffered the worst of crimes…..and now suffered again at the hands of the Prosecutor who is supposed to do her best to give them justice!!!!! What an insult to the poor kids! Thanks, Stephanie….for another knife in the back…..you continue to add to their pain. What you didn’t bargain for was that these children have many people with big mouths that love them. We will keep talking, going to the media, writing letters, and shouting the truths from the mountain tops! WE NEED STIFFER PENALTIES FOR SEX CRIMES AGAINST CHILDREN!
notblindtothetru th

Rushville, IN

#16 Jun 29, 2008
Amen to that! God is more powerful than the Nichols and the system in Tipton.

Way to go Stephanie---did they pay you off well?
Sickened

Lafayette, IN

#17 Jun 30, 2008
After reading about this case, I am not only sickened at what this pervert did to the children, but I am equally sickened about what this man's father did! Add in the injustice of the system and the prosecutor allowing this plea, this whole thing is a disgrace!
A father covering for his kid is one thing. What this father has done goes much further. And he is a county coroner in a position of honesty and integrity? What county or city would allow him to continue in this position, knowing the truth of what he has done? Shame on him! Shame on them!
This whole situation reeks of small town politics at its finest. The coroner needs removed. The prosecutor should never prosecute again. The molester needs to go to prison. Simple.
For the Children

AOL

#18 Jun 30, 2008
The media is reporting that the Prosecutor is doing what the victims want. THAT IS FAR FROM THE TRUTH.

I sure wish the reporter was standing there so they could have written EXACTLY the comments of the Prosecutor as she is ARGUING with these parents! As the debate continued, the Prosecutor told the parents that she thought she was giving them closure because the victims and the supporters have been demanding something be done for a long time, and now she doesn’t understand why they are angry when she IS getting it solved quickly instead of dragging it to trial.

The parents, devastated and confused, argued back saying that YES, they wanted this nightmare to end, but giving him no punishment is NO JUSTICE.

The prosecutor told the parents that she thought the plea was punishment!

THE PARENTS HAVE MADE IT CLEAR FROM THE BEGINNING THAT THEY WOULD SETTLE FOR NOTHING LESS THAN SOME JAIL TIME AND LIFETIME ON THE REGISTRY!!!!! THE PARENTS FIRMLY ARGUED BACK THAT THESE CHILDREN ARE PREPARED TO GO TO TRIAL & HAVE TOLD HER ALL ALONG !!

Even at the waiver hearing last year, I witnessed a mother of a victim state on the witness stand that her son does not want Aaron to EVER hurt another child and she said that her son was ready to testify! I heard that with my own two ears as did the Prosecutor & Judge! Another statement the Prosecutor said was that these parents would not have even known had Aaron not come forward and told what he did to their children…..like Aaron did these parents some kind of favor????? OH MY GOSH!

Sadly….these parents walked away thinking they were just having a conversation with THE DEFENSE ATTORNEY!!!!!!
tache

Glenview, IL

#19 Jun 30, 2008
why hasn't the Dad been charged?

This creep was part of our homeschool group (TACHE) I am horrified now realizing that he was "caught" in 2004 and was still around my kids and everyone elses! Why is that? In our yearbook he has a bio and it says he is going to college to be a DOCTOR!!!! He's been going to Marian College, is that what for?
graceofgod

United States

#20 Jun 30, 2008
You should go and ask the leaders of your group about that........did they know too the he had a problem?

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