Published: December 21, 2007 10:17 am            

New Albany man’s sexual assault sentence upheld by state

Baltimore was convicted of attacking deaf woman

The 53-year sentence of a New Albany man convicted of sexually assaulting a deaf woman was upheld by the Indiana Court of Appeals, according to court records.

Lavern Baltimore, 47, unsuccessfully appealed a ruling by Floyd County Superior Court Judge Susan L. Orth on the convictions for class A felony burglary resulting in bodily injury and class D felony sexual battery. He and his appeals court attorney, Matthew J. McGovern of Evansville, had argued four primary errors were committed during the trial, including allowing the victim’s sign language interpreter to testify against him, according to an opinion from the Court of Appeals of Indiana published Dec. 13.

Baltimore was convicted of breaking into his neighbors’ apartment in 2006 and assaulting a deaf woman who lived there by grabbing her neck, dragging her into the hallway and putting his hands under her shorts and also onto her breasts, according to a probable-cause affidavit filed in Floyd Superior Court.

“To victimize someone so vulnerable, as was the victim in this case, is an example of the ultimate predator,” Floyd County Prosecutor Keith Henderson said in a telephone interview Thursday.

After a jury found Baltimore guilty, Orth levied the maximum sentence on both charges. McGovern argued in the Court of Appeals that this was in violation of the Indiana Double Jeopardy Clause, because the same evidence was likely used to attain both convictions.

He additionally argued that evidence was insufficient to support the burglary conviction, and that the sentences enacted were too harsh.

McGovern could not be reached for comment as of publication deadline Thursday.

Baltimore has a criminal history dating back to 1987, with convictions that include criminal mischief, possession of a controlled substance, criminal trespass, disorderly conduct and failure to appear, the opinion says. Because of this and the nature of the offenses, the document states, the sentence was not inappropriate.

“We were confident that we had followed all of the rules during the trial,” Henderson said. “We are very pleased that the conviction was upheld.”

        

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