Indiana Continues Exploiting and Targeting Vernon T. Bateman

Introduction

On February 11, the Indianapolis Liberation Center hosted a press conference organized by the Coalition to Free Vernon Bateman, a growing group of academics, researchers, artists, lawyers, and others committed to exonerating Vernon T. Bateman. What follows is a brief summation of the three main points the Coalition revealed that day, along with supporting documentation.

Indiana Helps Sue Innocent Inmate Raped by IDOC Worker

The range of injustices the state of Indiana and the Department of Correction’s has, and continues to, subject Bateman to are numerous and severe. This press conference, however, focused mostly on one urgent matter: Marion Circuit Court Case Number 49C01-2407-JP-006771, which was scheduled for a hearing two days later. Initiated by Dorothy N. Scales, the petition was submitted to the Court by Martha M. McDermott, the Deputy Prosecuting Attorney for the State of Indiana on July 11, 2024.

The petition states:

• PROMISE N. SCALES was conceived out-of-wedlock on or about May 2008 in the County of Hamilton, State of IN.
• PROMISE N. SCALES was born out-of-wedlock on February 14, 2009 at Ascension St. Vincent Hospital, in the state of IN.
• VERNON T. BATEMAN is the father of said child.

There was one glaring omission that Deputy Prosecutor McDermott failed to consider: Where Bateman was during the years of conception and birth. Having been falsely convicted of three charges and sentenced to 30 years in prison in 1998, Bateman was in the custody of the Indiana Department of Corrections during this time. Dorothy N. Scales was, at the time, employed by Aramark Correctional Facilities, the IDOC’s contract food service provider. Bateman, who was in an isolation unit at the time, was shackled and chained during all interactions with Scales, a person who was in control of his food supply.

Under Indiana Code 35-44.1-3-10, “A service provider who knowingly or intentionally engages in any fondling or touching with a person who is subject to lawful detention or lawful supervision…commits sexual misconduct… the offense is a Level 5 felony if the service provider engages in sexual intercourse…with the person who is subject to lawful detention or lawful supervision.”

Scales also violated the IDOC’s Policy and Procedures which prohibits “physical contact beyond that which is routinely required by specific job duties (Sexual contact with an incarcerated individual is not only strictly prohibited, but is also a criminal offense and may be prosecuted under IC 35-44.1-3-10).”

To put it bluntly, Scales raped Bateman and is now, with the help of the state of Indiana, suing for child support.

Parole Officer Jason Cottey Sexually Harasses Vernon in 2023

When Bateman was released in June 2023, the IDOC transferred his custody to Agent Jason M. Cottey (who now goes by Jason Dewitte-Cottey.” Bateman’s release paper states:

“Immediately following your release, you must contact Agent Cottey via the cellphone number (317) 370-0701… Do not change your residence without prior approval from Agent Cottey. Failure to contact Agent Cottey will result in a violation and a warrant for your arrest.”

Per his instructions, Bateman contacted Jason Cottey, who sent a series of bizarre and inappropriate text messages that attempted to lure Bateman to his house and violate his parole stipulations. In our view, these communications clearly constitute sexual harassment. For example:

Cottey’s actions violated the IDOC’s Policy and Procedures which states “no employee shall have any personal contact with an incarcerated individual…beyond that necessary for the proper supervision and treatment of the individual.” Cottey remained employed by the IDOC at least until 2024.

What is even more disgusting is that Agent Cottey worked in the IDOC’s “Sex Offender Management and Monitoring” Program while he sexually harassed Bateman.

Bateman eventually secured a new Parole Agent, but the harassment continues. The Coalition to Free Vernon Bateman will be releasing additional evidence in the coming weeks.

Bateman Subjected to Unconstitutional Parole Conditions

The Department of Corrections Conditional Parole Release Agreement includes eleven standard parole stipulations. The IDOC, however, added another 28 conditions that unnecessarily restrict his movement and freedom, do not align with his conviction, violate a 2014 Indiana Supreme Court precedent and, as Congressman André Carson wrote in his November 2024 letter calling for a clemency review, “severely limit his ability to work and make positive contributions to our community.”

Bleeke v. Lemmon is most immediately relevant, as it concerns someone who was convicted of a crime against an adult and then subjected to parole stipulations that prevented contact with children.

In 2005, Bleeke was convicted of residential entry and attempted criminal deviate conduct against an adult woman. The 2014 ruling, communicated by Justice Steven H. David, concerned Bleeke’s challenge to 10 additional parole stipulations the DOC imposed on him. In the Court’s unanimous opinion, five of those conditions that “are all broadly aimed at restricting Bleeke from being near, communicating with, or associating with, children” (including his own offspring) were not only unwarranted but detrimental to his successful reentry into society:

“… instead of helping Bleeke successfully reintegrate into the community, these conditions—with no reasonable factual basis for doing so—effectively operate only to isolate him further from the community.”

Similarly, Bateman’s Parole Release Agreement contains at least six stipulations that have no basis in the underlying crimes of which he was falsely convicted. They include:

• 4: You may not have contact with ANY child/children due to the nature and circumstances of your criminal conviction(s) without advance written approval from the Indiana Parole Board in consultation with your parole agent and treatment provider.
• 5: You shall not visit, travel through, or intentionally loiter within one thousand (1,000) feet of any place that children are reasonably expected to gather or congregate, including but not limited to: parks, schools, playgrounds, sporting events, public swimming pools, nature trails, public beaches, libraries, movie theaters, county / state fairgrounds, amusement parks, and shopping malls without prior approval from your Parole Agent.
• 16: You shall not drive any motorized or non-motorized vehicle, walk, or ride by or be close to any areas, public or private, where persons under the age of sixteen (16) are known to congregate or could be reasonably or ar enormally expected to congregate unless you have good cause an no feasible alternative route is available…
• 19: Without prior approval from your Parole Agent you shall not engage, establish, pursue, or maintain any sexual relationship with any person. You shall not associate with any person or family with minor children….
• 22: You shall not join or be associated with any group which promotes activities involving children under sixteen (16) year of age, such as, but not limited to, church or religious youth groups, Boy Scouts, Girl Scouts, Cub Scouts, Brownies, YMCA, YWCA, youth sports teams, public parks, etc.
  *Note: All errors in original

Again, the alleged victim in Bateman’s case (who recanted her testimony numerous times to different entities under oath) was an adult at the time of his trial and conviction (1998).

We believe numerous other conditions specifically added to Bateman’s parole terms are baseless and lack any factual evidence whatsoever. The points selected above, however, are the most outrageous and obvious. They are also the most inhumane. Bateman requires special permission to attend church services. They have denied him the ability to access mental health treatment to deal with the trauma of his sexual assault because there may be children in the waiting room.

Even when visiting DePauw University, Bateman was required to have an “accountability partner.” In order to use the bathroom while delivering four invited lectures, Bateman had to agree to the following:

“If I have to go to the bathroom, Dr. Ford will check before to ensure it is free of children. Once cleared by Dr. Ford, I will use a stall with Dr. Ford waiting outside. We will then return to the class.”

Concluding Demands

We want to emphasize yet again that this is, unfortunately, only a small snapshot of the legion of injustices the state of Indiana committed against Bateman. That said, the Coalition to Free Vernon Bateman issues the following four demands in accordance with the evidence and facts presented above:

1. Drop the Child Support Hearing and Press Charges against Bateman’s Rapist and the State of Indiana for Facilitating her Crime
2. Fire and Reprimand Jason Cottey for his Offenses and Violations of the IDOC’s policies
3. Compensate Bateman for the Suffering he Endured at the Hands of Dorothy N. Scales and Jason Cottey
4. Immediately Lift Bateman’s Additional Parole Stipulations

Image: Bateman and his mother embrace. Credit: Coalition to Free Vernon Bateman.

Tagged: André D. Carson Bleeke v. Lemmon Dorothy N. Scales exoneration Indiana Supreme Court Jason Cottey Jason Dewitte-Cottey Justice Steven H. David parole stipulations unjust imprisonment Vernon T. Bateman wrongful imprisonment