A jury acquitted a Kosciusko County man Wednesday of all charges.
Dominic Fisher, 33, was charged with two counts of sexual misconduct with a minor, both level 4 felonies.
After a two-day trial and about two hours of jury deliberation, the jury returned with a not guilty verdict on both counts.
“I’m relieved and glad it’s over,” Fisher said afterward.
The accusations began during spring break in 2015, after a 15-year-old girl claimed she had sex with Fisher in Milford while babysitting his child, according to court documents.
The accusation came after the girl’s stepmother found marijuana and a pregnancy test package in her room. The test was unrelated to Fisher. After the stepmother confronted the girl on the items, the girl gave her a story about how the items got in to her room. The stepmother went to check with the girl’s best friend about the pot and the test.?When the stepmother discovered the girl had lied to her about the origin of the item, she grounded the girl.
A little while later, the girl came out bawling and said she had done something really bad and accused Fisher, the stepmother testified.
The stepmother admitted when the teenager first made the claim that she called the police and asked if they would administer a lie detector test.
Fisher took the stand in his own defense, denying the allegations, and said that the girl was never alone with him and the baby in the house.
During her closing statement, defense attorney Mari Duerring took law enforcement to task for not doing a thorough investigation. She criticized Deputy Thomas Waikel for interviewing the girl, even though he had not been specifically trained in child cases.
She said Detective Todd Sautter, of the Kosciusko?County Sheriff’s Department, had tunnel vision while investigating the case. She pointed out that Sautter didn’t know about the marijuana or the pregnancy test before he accused Fisher. She pointed to other lapses such as Sautter not knowing a previous interview had been completed by Waikel, and not interviewing other witnesses before accusing Fisher.
A tape of the interview played in the court shows Sautter asking Fisher, “How many times did you have sex with her?”?Duerring said this showed Sautter jumped to conclusions before having all the facts.
“If this was your son, would you be happy with the way it was investigated?” Duerring asked the jury.
Duerring also poked holes in the girl’s story, who wasn’t sure of some the details such as how she was put on the pool table or how her clothes came off.
Duerring asked the girl about her desire to move to Warsaw and to live with her grandmother. The girl responded she wanted to live with her grandmother for a long time. Duerring pointed out the girl got her wish after she made the accusation against Fisher.
Deputy Prosecuting Attorney Katy Hampton told the jury it was almost the perfect crime.
“He preyed upon a troubled girl, that he knew no would believe,” she said.
She asked the jury to consider why the girl would go through all the trouble of interviews, family turmoil and testifying in court just to live with her grandmother.
Hampton declined to comment on the verdict after the jury verdict.
Fisher’s wife, Bambi, testified that Fisher had admitted to her that he had sex with the girl. Dominic Fisher filed for divorce earlier this year.
Duerring argued Bambi only told police that Fisher had admitted the allegations after she became aware that he had started a relationship with another woman.
Duerring told the jury that actions speak louder than words, arguing that she didn’t file for divorce and still allowed her kids to go over to her husband’s house.
“I’m just happy for Dominic and his family, and thank the jury for its hard work,” Duerring said after the verdict.
Dominic Fisher, 33, was charged with two counts of sexual misconduct with a minor, both level 4 felonies.
After a two-day trial and about two hours of jury deliberation, the jury returned with a not guilty verdict on both counts.
“I’m relieved and glad it’s over,” Fisher said afterward.
The accusations began during spring break in 2015, after a 15-year-old girl claimed she had sex with Fisher in Milford while babysitting his child, according to court documents.
The accusation came after the girl’s stepmother found marijuana and a pregnancy test package in her room. The test was unrelated to Fisher. After the stepmother confronted the girl on the items, the girl gave her a story about how the items got in to her room. The stepmother went to check with the girl’s best friend about the pot and the test.?When the stepmother discovered the girl had lied to her about the origin of the item, she grounded the girl.
A little while later, the girl came out bawling and said she had done something really bad and accused Fisher, the stepmother testified.
The stepmother admitted when the teenager first made the claim that she called the police and asked if they would administer a lie detector test.
Fisher took the stand in his own defense, denying the allegations, and said that the girl was never alone with him and the baby in the house.
During her closing statement, defense attorney Mari Duerring took law enforcement to task for not doing a thorough investigation. She criticized Deputy Thomas Waikel for interviewing the girl, even though he had not been specifically trained in child cases.
She said Detective Todd Sautter, of the Kosciusko?County Sheriff’s Department, had tunnel vision while investigating the case. She pointed out that Sautter didn’t know about the marijuana or the pregnancy test before he accused Fisher. She pointed to other lapses such as Sautter not knowing a previous interview had been completed by Waikel, and not interviewing other witnesses before accusing Fisher.
A tape of the interview played in the court shows Sautter asking Fisher, “How many times did you have sex with her?”?Duerring said this showed Sautter jumped to conclusions before having all the facts.
“If this was your son, would you be happy with the way it was investigated?” Duerring asked the jury.
Duerring also poked holes in the girl’s story, who wasn’t sure of some the details such as how she was put on the pool table or how her clothes came off.
Duerring asked the girl about her desire to move to Warsaw and to live with her grandmother. The girl responded she wanted to live with her grandmother for a long time. Duerring pointed out the girl got her wish after she made the accusation against Fisher.
Deputy Prosecuting Attorney Katy Hampton told the jury it was almost the perfect crime.
“He preyed upon a troubled girl, that he knew no would believe,” she said.
She asked the jury to consider why the girl would go through all the trouble of interviews, family turmoil and testifying in court just to live with her grandmother.
Hampton declined to comment on the verdict after the jury verdict.
Fisher’s wife, Bambi, testified that Fisher had admitted to her that he had sex with the girl. Dominic Fisher filed for divorce earlier this year.
Duerring argued Bambi only told police that Fisher had admitted the allegations after she became aware that he had started a relationship with another woman.
Duerring told the jury that actions speak louder than words, arguing that she didn’t file for divorce and still allowed her kids to go over to her husband’s house.
“I’m just happy for Dominic and his family, and thank the jury for its hard work,” Duerring said after the verdict.
Story By: Michael Anderson, Times Union
