Wanda English Burnett - Editor

Jury trial for Brian Tyler, 23, Columbus, (formerly of Holton) began in Ripley County Circuit Court Tuesday, November 28. The jury was seated at 3:05 p.m. taking longer than Prosecutor Ric Hertel could remember ever taking for a jury selection before.

Tyler is accused of molesting five children that range in age from 4-8 years old. The alleged incident took place December 30, 2005 at a home in Versailles, where he and a girlfriend were baby-sitting.
Charges include two counts of Child Molesting, Class A Felonies; two counts of Child Molesting, Class C felonies, and one count of Vicarious Sexual Gratification/Fondling in the Presence of a Minor, a Class D Felony.

In his opening statement, Prosecutor Ric Hertel told the jury, “what he (pointed to Tyler) did that night was commit multiple crimes.” He said the burden of proof was on the State and they will provide evidence through witnesses and three reliable interviews that the alleged crimes really happened.

Hertel said the children were examined and while no physical evidence was found, they were interviewed by a forensic interviewer providing evidence they were molested on the night of December 30, 2005.

John Watson, attorney for the defendant, told the jury there was no physical evidence, no DNA evidence. He cautioned the jurors this was not a case about emotions, whether they liked the children or not. “This is not about what you like or don’t like...what it’s about is whether there’s sufficient proof.”

Attorney Watson noted that Tyler and his girlfriend had baby-sat for the two families on numerous occasions. He said that while the alleged incidents took place on December 30, the children were playing as usual on the next day. They were left again with the same baby-sitters (Tyler and a 16-year-old).

“I’m not looking forward to questioning the children,” he admitted to the jury, but said it had to be done. Watson said the jury would see the stories of the children were not consistent.
Testimonies of the children and other witnesses were set to begin on Wednesday. The outcome of the trial will be published in next week’s Osgood Journal.