Wanda English Burnett, Editor

Vincent E. Simon, 42, of Osgood, was found guilty on all three counts of Incest after a special judge heard the case in Ripley County Circuit Court last week. The verdict was given on Tuesday, April 15, at 1:40 p.m. before a filled courtroom.

Judge Michael Wilke, Decatur County, was selected as the special judge after an earlier mistrial in the case was declared. The judge noted that he put a lot of thought into his decision, studied the facts presented by both sides, and as suggested by counsel, used his knowledge of life experiences and common sense to arrive at the decision.

A pre-sentence investigation was ordered and sentencing was set for May 28 at 3 p.m. in Ripley Circuit Court. Incest is a Class C felony, which carries a sentence of 2-8 years. Prosecutor Ric Hertel asked that the defendant be remanded to custody, but the judge allowed Simon to be released on the bail he has already posted. He gave the defendant stern warnings to surrender his passport by 4:00 p.m. yet that day, and to appear at his sentencing or there would be “a manhunt and you (Simon) will be found.”

The victim testified, not once, but three times in the matter. Once in a deposition, again at the first trial that ended in a mistrial after she had testified for a lengthy time, and at the final trial. “She’s been through so much,” a family member told The Versailles Republican, saying she was relieved when she heard the verdict.

“This victim has shown incredible strength and resiliency,” noted Prosecutor Ric Hertel. He continued, “She went through two trials, each time subjecting herself to rigorous cross examination from the defense attorney. She had to face her perpetrator, her own father, and tell two different judges what he had done to her on multiple occasions for over a year, in very intimate detail.” The prosecutor pointed out that a total of eight months had passed since the first trial.

According to Ripley Publishing Co. files, a trial was held August 14 with the victim testifying for over three hours before Circuit Court Judge Carl Taul called a halt to proceedings. He then recused himself from the case because he was friends with Darla Westerfeld, who’s name was mentioned in connection with the defendant. She was not a witness for either side, but was present in the courtroom.

The incidents that led to charges being filed against the Osgood man occurred in September of 2006, just at the beginning of the victim’s senior year. The victim’s testimony was corroborated by a friend she had called in the early morning hours after an assault occurred. Her brother also testified that he slept on the floor of her bedroom because she (the victim) was afraid.

The mother of the victim testified along with other witnesses for the state that included officers Sgt. Rob Ewing and Det. Pete Tressler from the Indiana State Police. A lab technician also testified to the evidence she had found.

The bench trial started on April 8 and concluded by the next afternoon. In closing arguments the prosecutor reminded the judge that the defendant had “groomed” his victim, then committed the ultimate act of sexual intercourse. He said the victim had to tell her story over and over again, facing not only strangers but the person who had assaulted her, her own father. He talked about the embarrassment the victim went through of being examined telling about how a rape kit test is conducted.

While the theory that the victim was possibly not the biological daughter of the defendant, Hertel said the argument was laughable. He said his (Simon’s) name was on the birth certificate, he paid child support after a divorce from her mother, and was married to the victim’s mother at the time of her birth.

Defense Attorney Francis Cardis, Lawrenceburg, refuted the state’s evidence by saying the quality and quantity should be considered. He said if you looked at the victim’s testimony, the evidence didn’t support the accusations. He said the state’s evidence told another story, not one that would tell that his client was guilty. He said the state was asking the judge to speculate. “Your honor, it should be clear this didn’t happen,” Cardis said in closing, adding, “people don’t always tell the truth.”
With the prosecutor having the final word, he said the victim did tell the truth, not once, but three times under oath. He asked the judge to look at the “totality of the circumstances” in the case before making his decision. He finished with “the state believes these crimes were committed.”

Both sides would wait six days to hear the verdict and will now wait until May 28 for sentencing in the case.

Hertel told The Versailles Republican that both he and Indiana State Police Detective Pete Tressler always believed that there was sufficient evidence to convict the defendant. He said, “but, we did understand that these cases are always difficult because rarely do you have an eyewitness to these horrible acts, and often times the physical evidence is limited.” He concluded with, “Detective Tressler and I were extremely pleased and grateful that the judge reached the decision he did. It is our hope that his decision to find the defendant guilty of all three counts will further the healing process of this victim.”