The Indiana Court of Appeals recently rejected several appeals, including last month for a Gary man’s child molesting conviction.
Patrick Comiskey, Jr, then 25, was sentenced Nov. 20 to 27 years, plus five more on probation in a plea deal for sexually abusing two girls in a house where he lived with their parents.
In the appeal, Comiskey argued his sentence was too harsh and that the judge improperly didn’t use his lack of criminal history as a mitigator to soften his prison time.She wrote that the police investigation found Comiskey may have been sexually abusing the latter victim for up to 13 months — which showed a criminal mindset, a sentencing factor allowed under Indiana law.
He appealed on three points — that the court didn’t allow jurors to consider reckless homicide, he contested Brown’s texts and her friend’s testimony, and said there wasn’t enough evidence to convict.Kenworthy wrote it was fine that the jury didn’t have the option to convict on reckless homicide, a lesser charge, because Jarosik flat out denied killing Brown in the first place.
In a 3-0 decision on May 8, Appeals Court Judge Nancy Vaidik wrote there was enough evidence to prove he knowingly shot her.Setlak, 42, of Hobart, got 120 years in September 2023 for molesting 4-year-old friend’s daughter, who he babysat.
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