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February 20, 2013

Logansport man convicted of sexual assault denied appeal

Jesse Rose continues 200-year sentence on four counts of child molestation

A Logansport man will continue his 200-year sentence after an Indiana Court of Appeals decision found that the sentence matched his crime of multiple accounts of sexual assault on a minor.

Jesse L. Rose was found guilty by a jury on March 1, 2012, of four counts of child molesting, which had reportedly spanned seven years. Rose lost the appeal for the maximum sentence and his conviction, as the court of appeals stated that the evidence supported the multiple acts of sexual assault.

The appeals decision states that though Rose questioned the evidence in the four counts of child molesting, class A felonies, DNA evidence, as well as testimony from the victim acts as “sufficient evidence.”

The decision states that the victim’s testimony was “filled with descriptions of sexual abuse that no child should suffer.”

Rose, who is represented by attorney Michael Boonstra, also argued that his sentence was inappropriate because it is “essentially a life sentence.” Maughmer originally handed four consecutive, 50-year sentences for each count, to the Indiana Department of Correction.

Rose also argued that the trauma suffered was emotional and not physical, meaning that he should get a shorter sentence. However, the court of appeals disagreed, saying “it is perplexing as to why Rose argues and almost assumes that we should elevate physical harm over emotional and mental harm.”

The court of appeals also cited his “extensive criminal history,” which dates back to burglary charges when Rose was 15 years old and includes 11 felony convictions and 18 misdemeanor convictions.

Ultimately, the court found that Rose’s sentence was appropriate because he is among the “worst offenders.”

“These facts along with his extensive criminal record places him squarely in this category,” the decision states.

One judge agreed with the majority of the opinion, but stated that the 200-year sentence should run consequently, instead of consecutively.

“Although I abhor Rose’s actions, I find that his character does not warrant the imposition of four consecutive 50-year sentences,” the judge said.

Cass County Chief Deputy Prosecutor Lisa Swaim agreed with the appeal’s decision, saying that Rose committed “heinous acts.”

“He violated a person who he had a possession of trust with,” Swaim said.

Cass County Prosecutor Kevin Enyeart said Swaim had “poured her soul into this case,” and worked to bring justice to the family.  

“We worked on it for years,” Swaim said.

Swaim added that she was pleased with the appeal decision, but knows the issue is still ongoing with the victim.

“I am very happy, especially for the victim in this case,” Swaim said. “But I know that [the victim’s] ordeal, even with the defendant behind bars, is ongoing.”

Enyeart said Rose could still appeal the decision to the Indiana Supreme Court.

Caitlin Huston is a staff reporter of the Pharos-Tribune. She can be reached at 574-732-5148 or caitlin.huston@pharostribune.com.

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