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Failing to recall many of the statements she made to police, the victim of a battery in which she suffered life-threatening injuries made a tearful statement to the jury claiming the man on trial is not the man who hurt her.
Tohnya Miner testified in Kosciusko Circuit Court Monday during the first day of a two-day trial in which Robert H. Moser, 24, is accused of battery causing serious bodily injury, a Class C felony.
Miner was beaten on March 11 at her residence and, as a result of the incident, she suffered a punctured lung, several broken ribs, two fractured and one broken vertebrae and multiple bruises.
Although statements made March 11 through 14 to police and other people indicate Moser was her assailant, Miner told the jury Monday that she lied in all previous statements, but that her testimony in court was the truth as to what happened.
"I lied on that statement," said a crying Miner as she turned toward the jury. "Rob did not batter me. I made a mistake and paid a price for it and now Rob is paying the price for it and he does not deserve to go to jail."
Although Miner told police and her landlord/neighbor Al Palmer of Atwood that Moser had beaten her with a post from a canopy bed on March 11, she claimed in court that her assailant was an unknown Hispanic male who came to her house to collect an outstanding debt for cocaine.
"I made a stupid decision and got myself hurt," Miner said. She testified that Moser showed up at her house after she was battered and became angry with her because he has repeatedly attempted to help her get help for her drug problem. She said she blamed Moser for her injuries at the time "because it was easy to blame Rob."
Miner, who is obviously pregnant, has a 2-year-old daughter with Moser and currently lives with Moser and his mother in Fort Wayne. In May, Miner sent a letter to Kosciusko County Prosecutor Charles Waggoner asking that charges against Moser be dismissed. She also sent a letter to defense attorney Richard Thonert stating that she was in an argument with another person, not Moser. Both letters, Miner said, were written of "my own free will."
When Moser showed up at her house on March 11, Miner said, she was already battered and he was angry with her because she wouldn't get help for her drug problem, which she testified keeps her from seeing another child she has. The two began to argue and "I freaked out," Miner said. "I began cussing at him and thrashing at him." She said she recalls hitting him, but doesn't know with what, but she does recall that she hit him first and he took whatever object it was she hit him with away from her.
Much of Miner's testimony was that she didn't recall making the taped statements that were transcribed for use in court.
"I could have. I don't recall," Miner said in response to Waggoner's question whether she made a particular statement. "I was doing a lot of coke. I could have said anything."
Miner ran to Palmer's residence on the day of the attack and begged him for help, claiming that Moser was trying to kill her. Palmer testified that Miner ran into his house without knocking "screaming help her ... she said (Moser) had beat her up with a pedestal off a bed and she was in a lot of pain."
Palmer further testified that Moser ran into his house behind Miner and, "I asked him, 'Did you do this this,' and he said, 'Yes, but let me explain.' But I told him he had to leave my house." Palmer said Moser did not immediately leave. "I told him three times and then I got ahold of him and throwed him out the door." Palmer then took Miner to Kosciusko Community Hospital so she could receive medical attention.
Although Palmer didn't see any of the damage being done, he also told the jury that the door to the house he rented to Miner was kicked open and there were holes in the walls of the house, presumably made by the bed post. He also didn't witness Moser hitting Miner.
"You didn't see anyone strike Tohnya Miner, but he (Moser) told you he did?" Waggoner asked Palmer. "Yes," Palmer said.
Despite Palmer's testimony and previous statements made to police, Miner was adamant that Moser was not her assailant.
"I don't know who did it, but there was a man in my house and he battered me because of my own stupidity," Miner said. She estimates that at the time she had a $500- to $600-a-week drug habit and that she had gotten cocaine from two or three people with the promise that she'd pay later.
She said she was on drugs the day of the attack, as well as the day she gave a taped statement to police after she was released from the hospital.
"I could have possibly said that, but I do not recall," Miner said about statements that Moser gave her the bedpost and told her to hit him or he would hit her again. "My memory ... it's all fuzzy. All that you tell me is all that I remember."
Miner repeatedly testified Monday that the injuries reflected in six photographs entered into evidence for trial resulted "from the man that battered me." She said she tried to get the charges dropped because "I was under the influence of drugs and implicated Rob and I didn't want to send an innocent person to jail." Miner said she and Moser have "a good relationship ... we're resolving our problems that we have caused. That I have caused," she said.
Moser faces a maximum of eight years in prison if convicted of this offense.
An attempt by Moser to take their daughter away from her in April was not carried out, Miner said, and her testimony in court was not a result of a promise that he wouldn't try to gain custody of the child.
Miner said she never told the police about the Hispanic male because she was ashamed and she didn't want to be prosecuted. She also said she placed the blame on Moser because if she gave police any information on her drug suppliers, she could be killed.
Testimony in the case ended this morning. Closing arguments were scheduled this afternoon with the case expected to be turned over to the jury by the end of the day.
