Defendant requests plea change
By SYDNEY KENT
A Bluffton man accused of abusing his wife attempted to have his case dismissed last week. His request was denied.
Matthew Lewis Cassenta, 40, Bluffton, is facing charges of domestic battery and strangulation, both Level 5 felonies, and intimidation, a Level 6 felony.
According to a probable cause affidavit, the charges were filed in May after Cassenta’s wife reported multiple episodes of abuse that occurred in a two-month span. She advised that Cassenta strangled her and made her fear for her life. Specific dates were not listed in court documents.
During the hearing, Cassenta’s public defender, Patrick Miller, attempted to use this as a reason to dismiss the case.
“Your honor, this is so vague,” Miller said. “The details we have heard — my client can’t account for his whereabouts for every minute of every day for two months on something that was brought a couple of months after it allegedly happened.”
Miller reasoned that if Cassenta was found guilty and convicted, he could still potentially get charged with another incident in the same time period.
“This oftentimes happens in cases like this,” Prosecutor Timothy Sipes said. “There is a delay in reporting. We would like to have it more specific, but there was delayed reporting because of the nature of the relationship.”
Miller called Cassenta to testify. During his time on the stand, Cassenta testified that he had prior convictions in Alabama. He also stated that he acquired new charges for theft while on probation for theft of property, criminal mischief, and burglary.
When asked where he would live, Cassenta stated that a friend would allow him to stay with him for several weeks and that a job was pending. Three men were present in support of Cassenta.
“My goal would be to help myself so I can help what little family I have left,” Cassenta said. “I just want to be able to support them financially. I know there is a no-contact order, but that doesn’t negate the fact that I have a financial obligation to my daughter and even my wife at this point.”
Detective Cliff Thomas with the Bluffton Police Department also testified during Cassenta’s hearing.
“(The victim) came into the police station wanting to report a domestic battery,” Thomas explained. “During that two-month period, she described a situation where Matthew became upset with her. He grabbed her by the throat, pinned her against the wall, and made the comment ‘I will make sure I finish the job this time.’ She said that two months was a roller coaster of constant verbal and physical abuse. It was hard to pinpoint one abuse from the other.”
Thomas said that the victim also later reported that Cassenta threatened to kill her and their daughter. At this, Cassenta audibly gasped and attempted to look for his wife in the courtroom. Miller repeatedly silenced his attempts to speak.
“Today is the first time my client has heard he allegedly threatened to kill his daughter,” Miller said.
“There is a situation where medical records were brought to me,” Thomas said. “During that discussion of medical records, that is when it was mentioned to me.”
Thomas noted that the information was available in documents pertaining to the case.
“These allegations only came out after we filed the motion to dismiss,” Miller questioned. “And the no contact order. Correct?”
“And after I got her medical records — yes,” Thomas replied.
Judge Kenton Kiracofe cited two Indiana cases where a time range was given in the case rather than specific dates.
“I understand your dilemma, however, is not grounds to have the charge dismissed,” Kiracofe said. “The statute allows it and (the time frame) is not beyond the statute of limitations. Given that, I don’t think it supports a motion to dismiss.”
Miller then asked the court to cancel the no-contact order between Cassenta and his daughter. The request was also denied.
“It is commonplace for this court to include minor children in these protective orders,” Sipes said. “No one wants the children to be used as a weapon or a tool to use the child to not testify against the individual.”
“Again, for a no-contact order on someone not listed as a victim or witness — it’s extraordinary,” Miller said. “It sounds more like a CPS or domestic relations issue, not something the state should be doing.”
Kiracofe questioned how conversations between Cassenta and his daughter could be facilitated, given that the child is too young to communicate without the victim’s help. Kiracofe offered to reconsider the request if third-party plans were arranged.
In 2020, Cassenta was previously convicted for domestic violence in the presence of a child and strangulation, both Level 6 felonies. He was sentenced to 730 days in prison with 610 days suspended and 50 days of jail credit in the case.
Miller requested a change of plea hearing with a sentencing hearing following immediately. Both hearings are set for 9 a.m. on Sept. 11 in the Wells Circuit Court.
sydney@news-banner.com
