Wanda English Burnett - Editor

A jury found Brian L. Tyler, 23, of Holton, guilty on all counts after listening to evidence presented in a trial in Ripley Circuit Court last week. The five counts against the defendant included two counts of Child Molesting, Class A Felonies; two counts of Child Molesting, Class C Felonies and one count of Vicarious Sexual Gratification, a Class D Felony.

Through a three day trial jurors heard the testimonies of all five of the children who ranged in age from 4-8 when the crimes occurred at a home in Versailles.

Tyler and a girlfriend were baby-sitting the five when testimony revealed the girlfriend was called to work for a few hours. The children testified that while they were alone with the defendant, he sexually molested them.

Jurors heard from the children, State Police Detective Tracy Rohlfing, a doctor from Children’s Hospital and a professional interviewer from the Mayerson Clinic, Tammy Vogelsang. They also saw video of the children being interviewed at Mayerson Clinic. While no physical evidence or DNA was presented, the case was decided on testimony.

Tyler took the stand in his defense saying, “I didn’t do it.” Prosecutor Ric Hertel cross examined Tyler and asked him why the jurors should believe him over the five children. Tyler replied, “They should believe me now because I didn’t do it.”

The case went to the jury for a decision around noon on Thursday of last week. Within a few hours a decision was made finding Tyler guilty. But, that was just the first round for the jurors. They would then need to decide if Tyler was guilty or innocent on a Habitual Offender charge.

Prosecutor Hertel presented witnesses and evidence to show that Tyler had two prior felony charges that he was found guilty of. Those were both Battery charges and both were committed while the defendant was at the Department of Corrections in separate facilities.

During this phase of the trial there was an outburst from the defendant. This was followed by Judge Carl Taul having a woman who was observing the trial being escorted from the courtroom. The judge further instructed those in attendance that, “no one will ‘goad’ the defendant. Anyone else will be taken to jail tonight and you will see me in the morning.”

Some comments made by the defendant caused some concern among officials causing them to step up the security. After the jury came back into the courtroom for a second time and returned another guilty verdict on the Habitual Offender charge, they were escorted by police to their vehicles.

Sentencing is set for January 2, 2007. According to Prosecutor Hertel, the defendant is possibly looking at more than 100 years for all the charges he was found guilty of.