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A DeKalb County Nightmare:
Innocent Man Faces 2nd Trial

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By Curt Chancler
Investigative Journalist

Malloch Family '08
The Malloch family, before Steve’s arrest and false prosecution

GARRETT, INDIANA – As an investigative reporter for many years I get the feeling sometimes that I have looked at and reported on every kind of heart breaking story you can imagine, but Steven Malloch and his family have been dealt the most destructive and hurtful cards to play I have ever seen. Steve has been diagnosed with a Parasomnia disorder, after being charged with crimes related to his medical condition.

On January 22, 2010 Steven Malloch was falsely charged with two counts of Child Molestation - a Class A Felony and a Class C Felony. Malloch was charged a full five years after the incidents took place.

He went to trial on June 13, 2011 and DeKalb County Superior Court Judge Monte L. Brown declared a mistrial when the jury appeared “Strongly Divided.”

Instead of investigating defense claims that Malloch suffers from a sleep-disorder, Prosecutor Claramary Winebrenner and DeKalb County Sheriff Donald Lauer placed their blinders on, and a second trial is scheduled to take place on September 12, 2011. The alleged victim in this case has told authorities that Steve Malloch was asleep at the time the incidents occurred and she subsequently stated in a letter, “I’m fine, I feel safe at home.” Read on, about how a system meant to protect and serve has nearly ruined a wonderful and productive family…  

When the Nightmare Began – Case History

Malloch Family
Malloch Family

The Mallochs were building a new home and living in a barn on the same property. Steve’s step-daughter recounts that she was in the fifth grade at the time and she had been watching a scary movie. When she went to bed, she was still frightened and asked her mom to come and lay on the bed with her, but Mom said that she could not, so she asked Steve and he said yes. She said later that she woke up and found that Steve’s hand was in her underwear and he was touching her in an inappropriate manner - she said Steve seemed to be asleep and she kicked free and got into bed with her brother. She claimed there was another time when she woke up with Steve’s hand under her night shirt, on top of her breast - she said again that he seemed to be sound asleep at the time and his hand was not moving.

Steve’s memories of the incidents are much the same as his step-daughter’s. He recalls that he was awakened by his step-daughter kicking at him and he realized that his hand was in her underwear and on one other occasion he remembers he was awakened by his step-daughter struggling and pulling away from him and his hand was under her night shirt.

Steve said that he was so ashamed and embarrassed he did not discuss the incidents with his wife or his step-daughter at that time. Steve’s wife Anita stated, “A short time after it happened my daughter and I were watching a television show about molestation and I asked her, has anyone ever touched you?” Anita said her daughter told her what happened between her and Steve. Anita was alarmed, but not like you would expect from a protective mother, because she knew first-hand that her husband had the problem of touching while sleeping and her daughter wasn’t upset or concerned with what happened. Mrs. Malloch would later learn all about the medical condition responsible for her husband’s sleeping disorder.

Anita stated, “In the five-plus-years after the incident, I have not had any fear of there being a repeat incident. We made changes in our lives and I have had open communications with Steve and my daughter several times to make certain that she felt safe - Steve simply stopped lying down with my daughter due to his severe sleeping disorder.”

Anita said that she was seeing a counselor in January 2010; she had been molested by her grandfather when she was very young and her molestation was never addressed. Anita said she felt that she had stayed a victim all of these years because she could never let go and have closure, as her grandfather passed away without her ever being able to confront him about his actions. Unlike her daughter, she had no one to talk with. Unlike her husband, her grandfather didn’t have any sleeping disorder and was quite aware of what he was doing. Anita’s first-hand experience with sex-abuse and her husband’s sleeping disorder helped make it possible for her to deal with her daughter’s situation correctly, as a family, to the benefit of both her husband and daughter.

Anita mistakenly thought the counselor was there to help heal her, so she could grow strong and move on. However, the counselor reported the incidents to law enforcement, as required by law and Steve was subsequently arrested and falsely charged, without any proper investigation whatsoever.

How Can Something Like This Happen?

Steve Malloch suffers from a very misunderstood sleepwalking disorder - the clinical term is “Parasomnias,” sometimes referred to as “Sexsomnia or Sleepsex.”

It is estimated that over 1% of the United States’ population suffer from the Sexsomnia disorder. Parasomnias cover many types of sleep disorders like sleepwalking, bedwetting, uncontrollable movements, sleep paralysis, night terrors and Sexsomnia. Studies have shown Sexsomnia is much more common in men than women, but is found in both sexes.

After investigating the charges brought against Steven Malloch for child molestation, I was stunned to find out that the DeKalb County Justice system could be so ignorant of a medical condition such as Parasomnias, aka Sleepwalking and the varying disorders that come with it - that they treat this disorder as if it were a crime.

Steven Malloch has since been to the University of Michigan Sleep Disorders Clinic where he has been seen by Assistant Professor Dr. Neeraj Kaplish. Steve has undergone three sleep studies and he has been diagnosed as having a mild obstructive sleep apnea, which is a potential trigger for Sexsomnia, along with sleep deprivation and excessive caffeine usage. Dr. Kaplish states, “If at any point patient’s Parasomnia does continue to occur despite getting adequate hours of sleep and treating his sleep apnea using CPAP (Continuous Positive Airway Pressure machine) more optimally, consideration can be given to using Klonopin (medication) for his Parasomnias.” Keep in mind as we continue, a very accomplished Dr. is not going to diagnose Steve Malloch with a disorder that doesn’t exist, and medical experts would not have developed a machine to treat a disorder that wasn’t very real.

Sexsomnia happens when there is a disturbance in brainwave patterns during sleep. In someone that suffers from Sexsomnia, this disturbance in brainwave patterns can trigger many types of unconscious sexual acts with anyone that happens to be in their bed - Actions such as masturbation, kissing, fondling and even intercourse can occur without any memory of their actions whatsoever, unless their wife or partner tells them, or if they are awakened in the process.

The understanding and diagnosis of Sexsomnia has been very slow for several reasons - Most prevalent being, that the people that suffer with Sexsomnia feel embarrassed and humiliated and are usually slow to discuss their problems for fear of being ridiculed and misjudged, and rightfully so.

But the fact remains, Parasomnias are no different than any other medical disorder and Sexsomnia, or sleep sex, is a very well documented variation of sleepwalking.

People find it easy to believe that someone can get out of bed while asleep, walk downstairs, perform several different tasks and then go back upstairs and go to bed without ever waking up, yet these same people find it difficult to believe that someone sleeping can roll over in the night and fondle the person lying next to them and never wake up.

The following are informational sources on Sexsomnia: Minnesota Regional Sleep Disorders Center – Dr. Carlos Schenck and Dr. Michael Cramer Bornemann, University of Ottawa – Dr. J Paul Fedoroff, Ph.D. and Michael Mangan of University of New Hampshire and Dr. Colin Shapiro of the Toronto Sleep Clinic, to name just a few.

If you have a hard time believing that Sexsomnia is a real medical disorder, try to explain Anorexia, Tourette Syndrome, Schizophrenia, Fibromyalgia, Post Traumatic Stress Disorder (PTSD), and the countless Phobias, such as Claustrophobia, the fear of germs, the fear of heights, etc., etc.

Wake Up! The Criminal Justice System is Not Always Your Friend

Having conducted a complete and in-depth investigation, looking at all the court records, transcripts, etc., the first glaring fact facing me is that Steven Malloch and his wife Anita were so innocent and so naive to the real world that they actually believed that everyone in the criminal justice system was there to help and protect them. Literally thousands of exonerated prisoners across America prove this isn’t always the case.

When his wife told him, I know something happened between you and my daughter while you were sleeping beside her, his answer was yes, “something happened when I was asleep.” Had Anita not lived with and experienced Steve’s disorder on numerous occasions herself, she would have gone ballistic, instead of showing complete understanding to Steve and her daughter as well.

DeKalb Sheriff Donald LauerFive long years later there was knocking at the door and when Steve answered, Indiana Children’s Services representative Jennifer Hupfer and DeKalb County Detective (now Sheriff) Donald Lauer both asked about the incident and there was no hesitation; Steve openly told them, “Yes, when I woke up my hand was in her pants.” If this man was knowingly guilty of any intentional crime, why would he not just say, I don’t know what you are talking about and deny everything?

As I was watched the video of Steve Malloch walking into the tiny interrogation room with Detective Lauer and waive his right to counsel, answering Detective Lauer’s questions openly and honestly, I found myself screaming at my computer screen - shut-up, this guy is not your friend, he just wants a confession and does not care if it false or not. Then I watched as Detective Lauer lied and manipulated Steve as he began to implement “Reid” interrogation techniques against him.

In less than 20 minutes, the brain washing effects of the Reid interrogation technique became evident and began to bear fruit.

In the next 40 minutes Detective Lauer ceased to be the sweet, kind cop, as he interrupted Steve 17 times to tell him that he did not believe he was asleep and told him 21 times that it was a conscious decision and 4 times that it was an intentional act. Then he handcuffed Steve and told him, when you want to talk, give me a call. Steve Malloch was promptly and intentionally put in a jail cell with a man that has since been convicted of murder.

Using the Reid Technique to Gain a False Confession

Having investigated numerous corrupt, integrity void cops, using brain washing techniques like the Reid interrogation system to gain confessions of guilt from innocent people, it’s easy to comprehend that Steve was going to call out for Detective Lauer. It was a foregone conclusion that Detective Lauer would get a confession of guilt from an innocent man. I know this because Detective Lauer had already started the first stages of the Reid technique; it went like this:

First Lauer removed the subject, in this case Steve Malloch from all of his familiar surroundings, then separated him from his family and friends, then put him in a small uncomfortable room for hours. He accused the subject of lying, refusing to listen to what he had to say, and then expressed confidence that he knew that he was guilty.

Then he told Malloch that he talked to the prosecutor and she said that the claim of being asleep was the most ridiculous thing that she had ever heard of, and she hoped Malloch was going to tell the jury he was asleep because they would never believe him. Then Lauer put this frightened, slight-built, naive, non-confrontational father-of-four in a jail cell with a murderer.

The Reid Technique is the most prevalent interrogation system used by law enforcement in the United States today, yet prohibited in Great Britain on youth, because of the incidences of false confessions and the wrongful convictions that flow in as a result. The use of DNA testing has revealed and overturned dozens of false convictions in the US that were achieved by Reid techniques.

According to “The Innocence Project,” a well-known group responsible for overturning literally hundreds of false convictions, “in approximately 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or plead guilty.” These false confessions were accomplished through the use of Reid and other unethical interrogation techniques.

Interview vs. Interrogation

Interview

The word “interview” refers to a non-accusatory question and answer session with a witness, victim or a suspect.

Interrogation

Interrogation, on the other hand, is an accusatory process – accusatory only in the sense that the investigator tells the suspect that there is no doubt as to his guilt. The interrogation is in the form of a monologue presented by the investigator, rather than a question and answer format. Many courts have held that the psychological pressure exerted during a Reid interrogation is profound (see Culombe v. Connecticut, 367 U.S 568 573 (U.S. 1961).

Effectively, the interrogator, in an unrelenting manner, with the conclusion of guilt resolutely formed in his mind, will grind the suspect down, and convince him or her that irrespective of their factual innocence, they are guilty.

Step 1:

Direct Confrontation. Lead the suspect to understand that the evidence has led the police to the individual as a suspect. Offer the person an early opportunity to explain why the offense took place.

Step 2:

Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.

Step 3:

Never allow the suspect to deny guilt. Reid training video: “If you’ve let him talk and say the words ‘I didn’t do it’, and the more often a person says ‘I didn’t do it’, the more difficult it is to get a confession.”

Step 4:

At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the confession.

Step 5:

Reinforce sincerity to ensure that the suspect is receptive.

Step 6:

The suspect will become quieter and listen. Move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.

Step 7:

Post the “alternative question,” giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option, but whichever alternative the suspect chooses, guilt is admitted.

Step 8:

Lead the suspect to repeat the admission of guilt in front of witnesses.

Step 9:

Have the suspect write an apology letter or document the suspect’s admission and have him or her sign a confession. These steps are nearly an exact replica of Lauer’s interrogation of Malloch.

For an innocent person, the only defense from the Reid and other brain washing techniques is silence. The silence must only be broken to ask for Counsel.

Prosecutor Winebrenner’s Heralded “Three Confessions”

DeKalb County Prosecutor WinebrennerProsecutor Winebrenner told the jury in Malloch’s first trial that he had confessed three different times during Lauer’s interrogations. The first and second “almost confessions,” as Prosecutor Winebrenner states in her closing argument, are a result of Lauer laying the foundation for a false confession, giving Malloch all the reason why he is a good guy that made a mistake. But he doesn’t accept them during this interrogation, because Malloch still insists he woke up at the end of it.

Lauer then labels him as a horrible “one-percenter” and arrests him. The third “confession” came after Lauer (still utilizing the Reid technique) had deceivingly made Malloch comfortable with the prior “very strong admissions,” as Winebrenner states in her closing, coupled with Malloch’s hopes of not being labeled as a horrible “one-percenter.” This confession is nothing more than Malloch repeating, almost verbatim, what Lauer had laid the foundation for earlier in the evening. This was clearly shown during Malloch’s first trial, in a closing video by the defense that showed a “Compare and Contrast,” parroted false confession. The interrogation of Steven Malloch is a classic example of false admissions being taken as fact, through the use of Reid.

If then detective Lauer would have simply conducted a professional and honest investigation, he would have stopped the interrogation at the point where Malloch stated repeatedly that he was asleep when the touching occurred. Any competent law enforcement officer would have discontinued, especially in light of the step-daughter’s confirmation that Steve was asleep. He would then investigate the possibility that Malloch had a medical disorder by interviewing Steve’s wife and having medical tests conducted on Steve Malloch if necessary, in order to reach a factual conclusion.

A competent officer would have compared each and every trait or profile of a sex-offender with Steve’s actions, his life and all circumstances involved and he would have concluded that Steve Malloch did not match one single trait or profile and that he did not commit any crime. He would have concluded as we have, that Malloch is an exemplary father and citizen, with a medical condition that requires treatment.

It’s a Political Persecution, Not a Prosecution

In January 2010, as Detective Donald Lauer was in the middle of his election campaign for DeKalb County Sheriff and Prosecutor Claramary Winebrenner was up for re-election as DeKalb County Prosecutor, both of these individuals rushed to judgment based on a perfectly executed interrogation using the Reid Technique, which obtained an obviously false confession. Detective Don Lauer’s election campaign website reads, “I believe that nothing in law enforcement is as important as the thorough, successful investigation and prosecution of crimes against children.” Apparently “thorough” means something different to me and “successful investigation” includes putting innocent DeKalb County citizens behind bars, by gaining false confessions, using the Reid technique.

Lauer and Winebrenner failed miserably to convict an innocent Steve Malloch in his first trial, due to the intelligence and responsibility, at least one juror displayed. The only “thorough” thing they have accomplished is to waste tens of thousands of hard-earned taxpayer dollars by conducting an outright witch-hunt and they are all geared up to waste more $$$.

In the spring of 2010, Prosecutor Winebrenner completely ignored, and in fact insulted, Steve’s step-daughter and wife as they tried to talk to her about what had happened. According to Anita Malloch, the first thing out of Winebrenner’s mouth when they walked into the room was, “let me guess, you are here to recant” and Steve's step-daughter answered, “what does that mean?” Winebrenner then said to Steve’s wife, “I will push harder because I can see you will take Steve back. Steve cannot be around his own kids, grand-kids or any kids ever, it can’t happen.” Then Winebrenner asked her if she had filed for divorce and Anita said “no.” Winebrenner concluded, “You will eventually come around.”

These statements came from a prosecutor who is supposed to be dedicated to seeking truth and justice; however they are nothing more or less than malicious threats, from a dangerous and vindictive woman, with the power to destroy.

Winebrenner and Donald Lauer are factually only looking out for their own political careers, as they relentlessly attempt to falsely prosecute an innocent man – to hell with the truth or innocence.

Given the Big Picture

Steve Malloch’s step-daughter is not the only victim here; the whole Malloch family has been victimized, first by a very misunderstood sleeping disorder and the DeKalb County Criminal Justice System’s lack of understanding of the disorder and its consequences.

After the initial hearing, a “No Contact” order was placed against Steve Malloch from seeing his step-daughter until this is resolved. So Steve Malloch moved out of his house and away from his family, so his step-daughter could continue to live with her mother and brothers.

As if she hadn’t been through enough already, Steve’s step-daughter was taken in a misguided change of custody, where she was sent to live with her biological father who, as she stated in a letter, “still shows no interest that he cares about my own feelings which hurts me very much. I play volleyball and run track and I ask my dad to come and he’ll say yes I’ll be there and then he’ll never show up.”

Steve has not been able to have any involvement in his step-daughter’s life for almost two years now, and she states in another letter to him that starts out, “Hey dad!” and then, “You have been a father figure for me for 12 years now. You have supported (me) through my sporting events way more than my own dad. And that means a lot to me. You have been there for me when I needed someone to talk to...”

Would a young lady write something like this to someone who had intentionally and knowingly committed sex abuse against her? – Not on your life. If Steve’s step-daughter had suffered intentional abuse of any nature whatsoever, isn’t it reasonable to assume that she would have said something to her biological father during one of the 260 visits she made to his home within the five years after the unintended incidents with her Dad (Steve Malloch)? Wouldn’t she have complained to a teacher or friend? Without question she would have.

Innocent Man Faces 20-50 Years in Prison

Since Steve Malloch’s first trial, Winebrenner has offered him a “Great Deal”; plead guilty to a Class B Felony and serve ONLY 16 years in prison. This innocent father and husband has rejected the prosecutor’s attempted extortion and is now in a fight for his life. Malloch will be going to trial on September 12, 2011, facing a 20-50 year prison sentence if convicted.

The US~Observer, much unlike Donald Lauer has conducted a credible and in-depth investigation of this case. We have a lengthy track-record of sending sex-offenders to prison and of exonerating falsely charged individuals. We have concluded without any question whatsoever that Steven Malloch is an innocent man who has been falsely charged with serious criminal offences. I should note that unlike the jury who will listen to Malloch’s next trial, we have had access to all of the facts surrounding this case. Many facts are routinely withheld from juries, which is a crime in itself.

Given the absolute fact that Steve Malloch doesn’t fit a single one of the profiles of a sex offender, I am left with a number of obvious questions:

Why didn’t Prosecutor Winebrenner or Detective Lauer question the fact that Steve Malloch didn’t have any criminal record? Why didn’t Winebrenner or Lauer investigate the issue of Steve’s disorder or that a highly credible medical doctor had diagnosed him with such? Why has Winebrenner and Lauer ignored the statements from both Malloch and his step-daughter that Steve was clearly asleep at the time of the incidents? Why hasWinebrenner and Lauer ignored Anita Malloch’s testimony regarding Steve’s disorder? Why did Winebrenner and Lauer ignore the fact that five years had passed after the Mallochs successfully dealt with the problem, with NO recurrence between Steve and his step-daughter? Why would Prosecutor Winebrenner attempt to withhold crucial defense evidence from the jurors in the Malloch case? Why would then Detective Lauer not administer a Lie Detector Test when Steve Malloch agreed to take one? Why would Lauer not search Steve’s computers if he really believed he was a sex-offender, as this is “Investigation 101” with nearly every credible investigator in the country? Why would Prosecutor Winebrenner and Detective Lauer tear apart a family comprised of three young boys, a wonderful daughter and their parents, who were doing a tremendous job of raising them? And on and on and on…

This tragedy certainly doesn’t have anything to do with justice!

Obviously, Winebrenner and Lauer had only one intention from the start – put the blinders on and convict, convict, convict!

DeKalb County, Indiana residents should not only be very concerned with officials who take part in a false prosecution like Winebrenner and Lauer have; They should also be extremely alarmed with the enormous waste of tax-payer dollars being spent on this out and out witch-hunt.

Editor’s Note: Don’t miss our next edition, wherein we will document Steven Malloch’s up-coming trial. The public will be informed of each and every detail that is withheld from his jury and the actions of all involved in this Indiana travesty of justice… Anyone with information regarding Winebrenner, Lauer or the DeKalb County justice system is urged to contact the US~Observer at 541-474-7885.

“Only evil and unethical people attempt to falsely prosecute the innocent, without having conducted an unbiased, honest and professional investigation.” --Edward Snook


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