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March 19, 2008
Child Molester Convicted in 28 minutes
State Attorney Steve Meadows announces the conviction, in Bay County Circuit
Court, of Robert Nelson Baldwin, on a charge of Lewd or Lascivious
Molestation of a Child under 12 years of age.
The four males, two females jury deliberated just 28 minutes, returning with
the guilty verdict shortly after six p.m. Baldwin, WM, DOB: 3-29-1964, faces
a maximum of life in prison. Baldwin is currently serving a prison sentence
for a robbery in Citrus County. Sentencing is set for April 8, at 8:30 a.m.
Assistant State Attorney Rob Sale presented evidence at trial that Nelson
molested the eight year old daughter of his former girlfriend. Also
testifying were prior victims. Their testimony would have been excluded by
the ruling of then Judge Hess.
The case was sent back to the trial court after the First District Court of
Appeals reversed a ruling by then Circuit Court Judge Glenn Hess. Link:
http://opinions.1dca.org/written/opinions2008/01-07-08/07-3077.pdf
The Appeals Court found that "the trial court departed from the essential
requirements of the law," "failed to inquire into reasonable alternatives to
categorical exclusion of three State witnesses, and thus, failed to apply
the proper procedure." The Court required the State to demonstrate that "the
trial court(Hess) committed an error so serious that it amounts to a
miscarriage of justice" in order to reverse the ruling of Judge Hess. By its
decision the appeals court found that the State had met that burden.
Meadows said, "We would not have been able to get a conviction without the
testimony and assistance of this dangerous man’s prior victims. We had to
fight against an unjust ruling and are very happy that the appeals court
agreed that Judge Hess’s ruling was a miscarriage of justice. This verdict
makes our community a safer place for our children." |