Dad convicted of molesting 3-year-old son remains free (South Bend, Indiana)

Shocking? Well, this is Indiana, which has a major concentration of fathers rights people. So while this is disgusting, it's pretty much business as usual. So we have a dad, BRIAN NEIRYNCK, who was CONVICTED of sexually abusing his 3-year-old son who's now allowed to wander freely. What else is new....

http://articles.southbendtribune.com/2011-11-03/news/30357778_1_child-molester-state-won-t-appeal-court-judge-jerome-frese

Convicted father to remain free

State won't appeal judge's decision in molestation case
November 03, 2011|By MARY KATE MALONE | South Bend Tribune Staff Writer


SOUTH BEND - Indiana Attorney General Greg Zoeller will not appeal a local judge’s decision to release a convicted child molester from prison, according to court documents.

The decision, made last month, makes it unlikely that 45-year-old Brian Neirynck will be ever be taken back into custody in the case.

Neirynck was convicted in 2003 of molesting his then-3-year-old son and sentenced to 30 years in prison.

But last May, St. Joseph Superior Court Judge Jerome Frese made the rare decision of granting Neirynck’s appeal for post-conviction relief. The judge ordered the release of Neirynck from Miami Correctional Facility on grounds that Neirynck’s court-appointed attorneys had been ineffective and he may not have received a fair trial.

On June 17, seven days after Neirynck’s release, the attorney general filed a notice he would appeal Frese’s decision.

But last month, Zoeller, with the agreement of St. Joseph County Prosecutor Mike Dvorak, filed a motion to dismiss the appeal, and the Court of Appeals granted the dismissal Oct. 24, records show.