Clark judge rules not to close civil case related to molestation

Aprile Rickert, The Evening News and the Tribune, Jeffersonville, Ind.
·4 min read

Jun. 14—JEFFERSONVILLE — A Clark County judge will not close to the public and news media an upcoming civil trial related to child molestation, he ruled Monday.

In April 2019, now 22-year-old Michael Begin pleaded guilty to 20 counts of level 4 felony child molestation related to 20 victims at either the Clark County YMCA or Thomas Jefferson Elementary School, part of Greater Clark County Schools (GCCS.) Begin had been an 18-year-old Jeffersonville High School student at the time of the acts and was in an early education program where he oversaw children.

He was sentenced in 2019 to 120 years in prison with 20 suspended.

Of the more than 10 civil cases filed since 2018 against a mix of Begin, the YMCA and school corporation, only four are still pending. The first case, filed in February that year, is set for trial July 13 in Clark County Circuit Court No. 1 and includes Begin and GCCS as defendants.

In April, attorneys for GCCS filed motions requesting that both the trial and its subsequent transcript be closed to the public and media, to protect the identity of the child in this case.

"Unless this court excludes from public access the upcoming trial proceedings...details related to the minor will be available to the public at large and will remain that way into perpetuity because there is no way to 'claw' something back once it is publicly disseminated," the motion reads, in part.

During a status conference Monday attorneys with Indianapolis-based firm Frost, Brown and Todd, representing GCCS, elaborated on the request. The case not only involves a minor, but both physical and mental health records are expected to be entered into evidence.

While both sides have agreed to use only the child's first name, the GCCS attorneys say her identity may still be found out and shared. News media do not typically publish the names of child victims, but the trial will still be viewable by the larger public.

"There's nothing to prevent a member of the public sitting in this courtroom [and later] posting on social media," Frost, Brown and Todd attorney Stephanie McGowan said in court. If the trial is public, then anyone could have access to the transcript. It is proper to close the courtroom."

Attorney Karl Truman, representing the victim in this case, said if anyone should be concerned about public record," it should be the plaintiff, he said, adding that the child's parents want the trial proceedings to be open, and that they believe that "the public needs to hear what happened."

Truman also questioned Greater Clark's motivation for the motion, suggesting that it was not to protect the child but the school corporation.

"The school, in my opinion, is worried about protecting themselves," he said.

Defense attorney Robert Thornburg reiterated that even while the child is on the other side of this case, a school corporation has a duty to do all it can to protect students' information.

Judge Moore said the medical records would be redacted before jury view, and there was discussion on sealing those documents from public record. Truman also said he doesn't intend to call the child to testify.

"That's a major step, closing the courtroom," Judge Moore said before denying the request. "But if developments happen that would necessitate closing, we will revisit."

The parties also addressed another motion filed by GCCS attorneys seeking to prevent Truman from speaking with media or posting about the case on social media or other online areas until it is concluded. Allowing this to happen, defense attorneys said, could add to the media coverage already ongoing with the case and unfairly prejudice a potential jury.

With this, the judge ruled that neither side will post about the case online, to which they both agreed. He did not rule that they should not talk with media.

Moore also approved a motion from GCCS for jury view, which means the jury will at some point during the trial see in person the hallway at Thomas Jefferson Elementary where Begin molested the child. Thornburg said it will be so jurors can get a better idea of the layout that photos and videos cannot provide.

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