Starke Circuit Court Judge Kim Hall took evidence under advisement that was presented in a 404B hearing Tuesday morning. The hearing involved the argument surrounding the allowance of evidence into a trial where Robert Corbin is a defendant.
It is alleged that Corbin and a student at Knox High School exchanged inappropriate messages while he was a teacher at the school corporation. The acts reportedly happened in a time period between January and March 2012. Corbin was arrested in the beginning of April 2012 on two counts of attempted child seduction as a Class D felony.
According to federal law, 404B evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. Starke County Chief Deputy Prosecuting Attorney Mary Ryan argued in a hearing Tuesday morning that the testimony of a witness in a similar case for which Corbin has been charged could provide evidence of contrary intent. Defense attorney Nicholas Otis objected to the allowance of this evidence.
Knox City Police Detective Dave Combs and a victim in a second case where Corbin is a defendant testified before Judge Hall on Tuesday. The state made its case that testimony given provides contrary intent that should be allowed in the trial while the defense argued that the testimony does not show purpose and intent that would be connected.
In the first case, it is alleged that Corbin and a student sent inappropriate messages to each other and did not go through with any physical contact. In testimony given on Tuesday, the second victim testified that sexual intercourse did occur.
Judge Hall stated that he would review the evidence. The defense requested a continuance of the trial in order to review several pieces of paper that contain messages between Corbin and the students. Judge Hall granted the request and the trial was reset for Wednesday, Feb. 25 at 9 a.m.
