By Liz Shepherd
InkFreeNews

Jose L. Izaguirre

WARSAW — The Indiana Court of Appeals has affirmed convictions and sentences against Jose Izaguirre, who molested a child in Warsaw.

In March 2019, a Child Protective Services caseworker received information that Izaguirre, 33, was having sexual intercourse with a child. The child said Izaguirre inappropriately touched them, with the interactions led to intercourse two years after the molestations began. They also said Izaguirre made them watch pornographic videos.

Izaguirre admitted to sexually touching and molesting the child more than 20 times. He also admitted to watching pornographic videos with the child.

During a three-day jury trial in April 2021, Izaguirre was found guilty on two Level 1 felony child molesting charges. He was sentenced in Kosciusko Circuit Court in May 2021 to 35 years in prison. Izaguirre is currently incarcerated at the Miami Correctional Level 3 Facility, with a projected release date of March 28, 2049.

In his appeal, Izaguirre argued that allowing the child to testify with a therapy dog during the jury trial harmed his right to a fair trial.

A seven-page opinion filed by the Court of Appeals on Sept. 14 says the child testifying with the dog present did not harm Izaguirre’s right to a fair trial.

The opinion argues that along with typical jury instructions in criminal cases on a defendant’s presumption of innocence, as well as the State’s burden of proof to show beyond a reasonable doubt that crimes were committed, Izaguirre’s concern about the dog’s presence was addressed at the trial.

One of the instructions given to the jury prior to deliberations was “neither sympathy nor prejudice for or against either the victim or (Izaguirre) should be allowed to influence you in whatever verdict you may find.”

The Court of Appeals also went into detail on the evidence the State presented in the trial against Izaguirre, including graphic testimony from the child and testimony from the child’s mother. The child’s mother testified that Izaguirre apologized to her for touching the child.

“Although Izaguirre took the stand in his own defense and testified that he had not had any form of sexual contact with the child, the State’s evidence was very damning,” read the opinion. “Izaguirre cannot demonstrate he was prejudiced when he confessed to the two crimes of which the jury found him guilty.”