Jason Richardson, 32, was accused of fondling or touching a female relative in February 2009 and was charged in October 2009.
Special Trial Deputy Chou-il Lee, at the time a Vigo County deputy prosecutor, presented evidence during the three-day jury trial that Richardson touched the child inappropriately. Richardson denied the accusations.
In May 2011, Richardson was found guilty on one count of class C felony child molesting by a 12-member jury.
In June 2011, Clay Superior Court Judge J. Blaine Akers sentenced Richardson to five years incarceration in the Indiana Department of Correction.
In July 2011, Richardson chose to appeal his case, claiming the trial court committed reversible error in denying certain challenges to excuse prospective jurors because of their prejudice. He also said the court improperly allowed opinion testimony of the investigating law enforcement officer, and the trial deputy engaged in misconduct during his closing argument to the jury.
In a 19-page decision, the three-member appellate court found the trial court did not prejudice Richardson by denying certain challenges to prospective jurors, the deputy's testimony was not in fundamental error, and the special trial deputy committed no error in his closing statements to the jury.
Akers said he could not directly comment on the appellate court decision at this time because Richardson still has the right to seek an additional appeal with the Indiana Supreme Court.