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Fox59 has obtained a copy of a signed affidavit dated November 16th from Carmel detective Gregory Dawson. This latest development may help the case of Brandon Hoge, one of the four former Carmel High School basketball players accused of attacking a younger student.
In it, Dawson says the following: "Contrary to what was reported by DCS (Department of Child Services), the video does not show Brandon Hoge sticking his fingers inside anyone's buttocks.Furthermore, it does not show anyone unclothed. While one portion of the video shows activity that I believe led to certain charges in the case and a related case, it is impossible to see on the video the extent of the activity due to the number of people crowded around those involved."
Due of that affidavit, Hendricks County investigators may find themselves in a similar situation to that of Carmel investigators. While the DCS report substantiates deviate sexual conduct, the testimony is from the victim but not apparently substantiated by any eyewitness on the bus.
"There's no depiction of anybody sticking anybody's fingers in anybody else's buttocks there's nobody with their clothes removed," said Jim Crum, who represents Brandon Hoge. "I have seen the video."
Crum under Indiana law is not allowed to release the tape.
Fox59 has learned the video is clear enough to see the three seniors, Hoge, Kitzinger, and Laskowski involved in the alleged hazing on the back of the bus.
Hendricks County detectives have shown portions of the tape to one of the victims involved and his attorney Bob Turner. Turner has repeatedly said he is suspect of the entire investigation and is now suspect of Detective Dawson amending his testimony from that which was reported in the DCS report from May 2010.
Turner has also said Hendricks County investigators have been much more respectful of him and his client compared to those in Carmel who were investigating and prosecuting the case.
Hendricks County Prosecutor Patricia Baldwin told Fox59 she had the tape reviewed and has confirmed it has not been altered in any way.
"Greg(Dawson) worked with forensic team, the Fishers police who recovered the video from the hard drive on the bus," said Crum. "Is it a perfect video of what happened on that evening? Probably not, but they did a good job of recovering what they could recover. If you know the players involved you can say, yeah, you recognize faces"
The infrared video is taken at night and the basketball players rode home from a game in Terre Haute. DCS officials said if new information comes to light they will amend their report. Otherwise the information they included in the report will remain.