Jury finds Worthington man guilty of 14 felony counts involving years of sexual abuse of children
/A Worthington man charged with sexually abusing three children over a number of years has been on trial this week in Greene Circuit Court. It began with jury selection on Monday followed by evidence and testimony that wrapped up mid-day Wednesday (today) when the jury went into deliberations. Later today, Wednesday afternoon, they returned to the courtroom with verdicts of guilty on 14 felony counts.
Stephen J. Michael, 44 at the time of his arrest, was taken into custody by Town Marshal Jim O’Malley of the Worthington Police Department, assisted by Deputy Marshal Ryan Montgomery, on Friday evening, October 16, 2020, on a warrant that was issued out of Greene Circuit Court by Judge Erik Allen earlier that day.
Michael was arrested around 8 p.m. and was booked into the Greene County Jail at 8:41 p.m. where his bond was initially set at $185,000 surety with ten percent cash allowed. At that time, it would have taken a surety bond or $18,500 cash for him to bond out and be released. He never bonded out and has been in jail since the day of his arrest.
Greene County Deputy Prosecutor Keven McIntosh filed the criminal case charging Michael with 11 felony counts, but the investigation continued and in November of 2020, three additional felony counts were added for a total of 14 counts.
The first 11 counts included:
Rape when compelled by force or imminent threat of force, a Level 3 felony, occurred August 11, 2017,
Sexual misconduct with a minor, a Class B felony, occurred August 10, 2012,
Incest, a Level 5 felony, occurred August 11, 2017,
Child molesting involving intercourse or deviate sex with a victim less than 14, a Class A felony, occurred June 1, 2010,
Sexual misconduct with a minor involving intercourse or other sexual conduct, a Level 4 felony, occurred June 22, 2015,
Sexual misconduct with a minor, a Class B felony, occurred June 22, 2014,
Incest, victim is less than 16 years old, a Level 4 felony, occurred June 22, 2015,
Rape when compelled by force or imminent threat of force, a Class B felony, occurred June 22, 2012,
Child molesting involving intercourse or deviate sex with victim less than 14, a Class A felony, occurred June 22, 2012,
Child molesting involving fondling or touching with child under the age of 14, a Level 4 felony, occurred September 18, 2016, and
Child molesting involving fondling or touching with child under the age of 14, a Level 4 felony, occurred September 18, 2015.
The three additional counts included:
Three counts of child molesting involving intercourse or deviate sex with a victim less than 14, all as Class A felonies, that occurred in September of 2009.
These incidents allegedly occurred over a period of years, some dating back to the time before Indiana’s law was changed to establish the current Level 1-6 felony classification. So, some of the counts were charged under the Level 1-6 felony classification and others were charged under the former Class A-D felony classification.
The investigation began on September 5, 2020, when WPD Marshal Jim O’Malley took a report on alleged rape and child molestations. The allegations were that Stephen Michael had molested and raped three family members. The initial report was that the alleged abuse of one of these victims started at the age of five and continued until the age of 19. The length of time for another victim was not known. The alleged abuse of the third victim was believed to have started at the age of five or six and continued for a few years.
Marshal O’Malley requested assistance from the Indiana State Police and on September 8, 2020, the case was assigned to ISP Detective Stacy Brown from the ISP Criminal Investigations Division. Det. Brown arranged for the victims to all have forensic interviews at Susie’s Place located in either Bloomington or Terre Haute.
Det. Brown’s investigation resulted in a probable cause affidavit that was over 14 pages long, single-spaced in a small font, detailing all of the interviews and information gathered. It includes the various steps taken in the investigation and evidence gleaned from search warrants executed on Michael’s residence on Wabash Avenue in Worthington, various cell phones, a camera and a DVD, as well as interviews with other family members and numerous individuals.
The evidence and information from the investigation and the courtroom is lengthy and sensitive and the details will not be included in this story.
When Michael first appeared in court for his initial hearing on October 21, 2020, on the initial 11 counts, his bond was reduced to $150,000 surety with ten percent cash allowed. Michael was served with three protective orders, ordering him to have no contact with the victims. He asked for a court-appointed attorney and Greene County Deputy Public Defender Ellen Martin was appointed.
In November of 2020, another initial hearing was held when the prosecutor filed information to support the three additional felony counts.
In early December of 2020, Michael requested his bond be reduced but Judge Allen denied the motion.
In mid-December of 2020, the prosecution also asked for his bond to be modified but they asked it be increased in light of the additional felonies. Judge Allen approved and entered an order setting his bond at $250,000 cash only.
Michael did not make bond and has remained in jail since the day of his arrest. As of this morning, the jail record showed he has been in custody for 333 days so far.
In January, a negotiated plea agreement was offered to Michael but he rejected the deal. In late August, a final offer was made to Michael but he again rejected a deal and elected to take his case before a jury.
After postponements caused by the pandemic, Michael’s trial started on Monday, September 13 before Judge Eric Allen. Greene County Deputy Prosecutor Keven McIntosh presented the case for the state and Michael was represented by Greene County Deputy Public Defender Ellen Martin. It was expected that it could last five days but it wrapped up earlier than expected.
Early Monday, prospective jurors arrived at the Greene County Fairgrounds where a socially-distanced jury selection was conducted. Twelve jurors were selected with two alternate jurors.
The trial continued for the rest of Monday and all day Tuesday with closing arguments Wednesday morning (today). Michael did not take the stand. He opted to not testify in his trial.
After completing their deliberations this afternoon (Wednesday), the jury returned verdicts of guilty on all 14 counts.
Michael will be sentenced by Judge Erik Allen in Greene Circuit Court on Wednesday, October 13.