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Defense seeking to bar evidence in former Porter County cop's child abuse trial

Times - 9/15/2021

Sep. 15—VALPARAISO — The defense in a child abuse case involving a former Porter County police officer is seeking to toss out evidence of the accused's character, criminal history and results of a polygraph test, court records show.

Curtis Jones, 51, faces felony counts of battery and two counts of neglect of a dependent in the alleged July 24, 2016, injury of his then-infant son, who was left disabled and with a much shorter life expectancy.

The motions ask Porter Superior Court Judge Mike Fish to prohibit prosecutors from presenting jurors with character evidence painting Jones as a controlling and hot-tempered person, who had been involved in abusive relationships and affairs.

"That the Accused was fired from or quit the Porter County Sheriff's Office and any accompanying allegations relating to said termination of employment," one of the motions reads.

Jones left the Porter County Sheriff's Department in October 2005.

Jones' character is not an element of the alleged offenses and is thus inadmissible in this case, defense attorneys John Vouga and Nicholas Barnes said.

A doctor at the Ann & Robert H. Lurie Children's Hospital of Chicago said the alleged victim suffered "the worst brain injury I have ever seen," according to court documents. The doctors determined the injuries were consistent with being shaken and must have occurred during the time he was in the care of Jones when his former wife and the boy's mother was at her overnight nursing job.

The defense is also seeking to toss out the results of a polygraph or lie detector test given to Jones at the behest of his then-attorney Larry Rogers on Aug. 3, 2016.

"In Indiana, lie detector or polygraph tests have long since been determined to be incompetent evidence and inadmissible at trial," the defense argues.

Jones' criminal history is also off limits and should be kept out of the upcoming trial, the defense says.

"The Accused has never been arrested, let alone convicted, of any 'infamous crime' (murder, treason, rape, robbery, kidnapping, burglary, arson, criminal confinement or perjury)," the motion reads. "Additionally, the Accused has never been arrested, let alone convicted, of any crime involving dishonesty or false statement."

The motions are to be argued in court and the next hearing in the case is scheduled for Oct. 22, court records show.

A 10-day trial is scheduled to start Jan. 4, which which will be 5 1/2 years from the date of the alleged offense.

Pleas of not guilty were entered earlier this week on Jones' behalf to amended versions of the charges and the judge told him he faces faces three to 16 years behind bars on each count.

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