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JURY CONVICTS MAN OF MOLESTING SIX YEAR OLD

12/16/2021

LOGAxel Domingo DiegoANSPORT – Prosecutor Noah Schafer announced that Axel Domingo Diego, 33, of Seymour, IN, was convicted by a jury in Cass Circuit Court of Child Molesting as a Class A Felony after a three day trial which began on Monday, December 13.  

The jury heard evidence that in 2013 while living with relatives in Logansport, the defendant sexually assaulted a six year old household member.  The defendant subsequently admitted many details of the assault to a detective in Seymour, but at trial repudiated the statements, claiming that poor translation and coercion on the part of the police led to a faulty confession.

The case had been the subject of much pretrial litigation, as the defendant sought to exclude the confession.  This request was initially granted by a senior judge in 2019 for failure to read the defendant his Miranda warnings.  The matter was eventually heard by the Supreme Court of Indiana, who reversed the trial court decision earlier this year and ruled that the defendant’s statement was legally taken, as he was not in custody and was free to leave at any time he was speaking to the police.  

Said Prosecutor Noah Schafer of the case: “We are extremely grateful to the Attorney General and in particular to Deputy AG Ellen Meilaender for working with us on the interlocutory appeal.  Without our success in front of the Supreme Court, it would have been more difficult to obtain justice for this victim.”  

Diego is scheduled for sentencing on January 13, 2022 at 1:00 p.m.