DeMotte v. State

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

William E. DeMotte (DeMotte) appeals his conviction of Child Molesting,1 a class B felony. We reverse and remand for a new trial.

FACTS

On June 4, 1988, S.T.'s mother took her children, ST., age seven, and T.O., age five, to Janet Stevens (Stevens) to care for during the night. During the evening De-Motte, also known as Buzz, visited Stevens. Stevens awoke the next morning and found DeMotte in bed with the children. His clothes were on the bedroom floor.

After the children returned home, T.O. told his mother that something happened at the babysitter's…