Prosecutor and Victim Advocate

‘If the offender is never held accountable, the victim will never feel whole.’

MARSHALL COUNTY — Chief Deputy Prosecuting attorney Tami Napier has been a lawyer for over two decades. She was appointed chief deputy by Prosecutor Nelson

Chipman whose leadership emphasizes a victim-centered commitment to prosecution. Within her career she has practiced both civil and criminal law, trained prosecuting attorneys across the state in their profession, and has been named “Child advocate of the Year” more than once for her passionate advocacy for child victims.

Napier’s past experience includes serving as Chief Deputy Prosecutor in Hancock County and Deputy Prosecutor in Marion County. She currently serves as Chief Deputy Prosecutor with Prosecutor E. Nelson Chipman in Marshall County. Her background was broad and her experience appealed to Nelson Chipman and Marshall County as he entered his first term in 2015. With a similar interest to Chipman in advocating for victims of crimes, she has since moved here and made it home. “I moved here. I love it here. My commitment is to Marshall County. I intend on finishing my career here. The judges are great. The office is great. I love the community. I live here. I’m invested here. I own a house here. This is where I shop. This is where I walk every evening.”

Though Napier did work briefly in criminal defense for a period of 18 months, and has experience as an attorney in civil cases, the bulk of her experience is prosecutorial. “I really love being a

“I feel a real connection to people who have been traumatized and need someone to believe them and to find justice for them.”

— Tami Napier

prosecutor. I love the commitment to the pursuit of truth and justice.”

Assisting victims in the pursuit of justice drives her passion. “I feel I can serve the community better in this role. That really matters to me - helping people, helping victims specifically in this role, really matters to me.” Napier has a significant background in prosecuting violent crimes including domestic violence, child sexual and physical abuse, child molestation, sexual misconduct with a minor and rape cases, as well as other sexual assault crimes.

Working in specialized areas in larger counties with large jurisdictions, including Marion and Hancock County, provided her with the opportunity to gain specific training in an important field serving highly traumatized victims. She was also automatically assigned to any murder case involving a child witness or a child victim. She eventually transferred out of prosecuting sex crimes to homicide during which time she prosecuted murder cases.

Under the leadership of Prosecuting Attorney E. Nelson Chipman, the Marshall County Prosecuting Attorney’s Office places high priority on taking a victim-centered approach to prosecution. “We file and we prosecute victim cases that other counties would never file. Accountability is important. Seeking truth and seeking justice is important. That oath actually means something. I try to honor that every day here. Not just for the people in Marshall County, but also for Nelson who trusts me to do the things that I do here. It’s important to do that for the victim. They need to know that.”

Though that is not true for all offices across the state of Indiana, Napier is thankful that she works with a team who shares her passion. “Nelson has always made victim crimes a priority. I cannot say that that is a statewide commitment. Every county’s office is different. We take that very seriously here.”

Napier prosecutes murder and other serious criminal offenses committed in Marshall County. She places high value on how prosecutors communicate with victims; from the families of murder victims, to victims of child abuse and their families, or victims of domestic violence and sexual assault, she treats all communication with professionalism and advocacy.

She is specially trained and certified in forensic interview techniques; a particularly critical method used for interviewing victims of sexual assault; including children.

The forensic interview style incorporates the use of non-leading questions which are asked in an open-ended way to give the victim a choice to answer the way they remember it and in terms that they can understand. “It’s very important that the forensic interview process is done.”

The questions are age-appropriate. “The cognitive skills in the development of a child should shape the way you interact with them and how you ask them questions. They don’t understand lawyer lingo. They don’t understand defense attorneys because defense attorneys tend to use words intentionally to try to trip kids up. You have to be prepared for that.”

The questions must also be developmentally appropriate. “You might have a 42 year old woman with the cognitive ability of a 7 year old. You need to interview her like you would a 7 year old.”

Child molestation and sexual abuse cases are under reported. When they are reported, Napier isn’t the first person to interview the child. The first disclosure is usually to someone they trust. The crime is then reported to police. The victim then must give a report to the police, the forensic interview, discussions with the prosecutor, the defense attorney and eventually before the jury.

Napier encouraged people who find themselves being the first person a child discloses to to let the child share the information as they feel comfortable; but don’t push for details. “I would advise parents; if your child discloses something to you make sure they are safe. Make sure that they can tell you anything and that they won’t get in trouble. That what they tell you, you are going to listen to and not judge or over react as difficult as it may be to not do so. This is something they’ve held inside of them and if you are overreact that might make them pull back.”

Get information calmly. Notify police. The police set up a forensic exam with someone properly trained and certified in forensic interview techniques. “Here in Marshall County, once a child comes forward and it’s reported; they would be interviewed at the CASIE (Child Abuse Investigation & Education) Child Advocacy Center (CAC) in South Bend. It’s very important that it’s done that way.”

It is common for the only evidence for Prosecutors to have in a child molest case is the testimony of the child. “Kids, especially younger kids, the offense doesn’t happen and the child calls 9-1-1. That doesn’t happen with kids so there is always a delay. It can be months, years, years for a child to victim to come forward and talk about what happened to them. That’s typically all you have.”

Though it can be overwhelming for children to testify, Napier makes every effort to help them feel empowered to tell the truth. Napier encourages children who are struggling with anxiety, “You can do this. I believe you. You are my team mate and we are going to do this together.”

The victims are responsible for telling the truth, the rest is on Napier. “You tell the truth. The rest is on me.”

Much to Napier’s relief on behalf of the victims, the State of Indiana no longer allows for a child victim to be deposed (interviewed informally for a statement under oath) by a defense attorney before the trial. Now the Prosecutor has to agree to a deposition; if the prosecutor denies that request, the defense attorney can file a motion with a court illustrating “good cause” for the request for deposition.

Napier said there are reasons why the testimony of a child might involve more details after disclosure as they feel safer. “For children that do disclose; it is a major event to them. It’s a secret that they’ve held. And it’s typically perpetrated; as most all child molest cases are; by someone they know, love and trust. It’s not someone breaking in the window and doing that to them. It’s someone they care about, someone they have a relationship with or their parents have a relationship with, or a parent. It’s usually someone who has some kind of authority over them.”

Child victims have to overcome a number of conflicting emotions and thoughts. “So, they have kept their secret, under threat or not, and when they come forward and tell you that, they feel like they are betraying the other person. Maybe they have been told ‘You are going to get in trouble too.’ or ‘They’ll take you away from your mom and dad.’ or ‘You’ll lose your dog.’ or ‘You won’t see your brother or sister again.’ There are all kinds of threats that this child has been carrying with them. So when they disclose; and they come forward; it’s like just opening a door a little bit. And once they know that people believe them, that they are not in trouble, that nothing bad is going to happen to them by telling the secret - the door opens. Then it opens more until it fully opens. So, it’s not unusual when a molest is reported to just get this much [limited] detail. And then as the case is pending and they are safe, people believe them, they aren’t in trouble and nothing bad has happened; then they tell you a lot more. Because they get more comfortable. None of the threats happened. They are safe now.”

Napier meets with the parent or guardian and child in-person within a week of filing to establish a relationship, validate that she believes the victim, and let them know they are safe. “You are safe, I believe you and you are brave.”

Napier emphasized the need for prosecutors to understand victimology. “Everyone reacts to trauma in a different way for different reasons. Your prefrontal cortex shuts down during trauma. That’s why a victim of a sexual assault can tell you how many tiles there are in this ceiling but can’t tell you what color their shirt was. But it’s incumbent on us to know that.”

Napier said, “You have to go the extra mile.” She has done that in more than one way; including by driving to counties over an hour away to meet with victims of child molestation. “To let them know, ‘I believe you and I support you. This is what to expect.’ You don’t want victims to be surprised by things. There are going to be things that you can’t predict but that’s part of your duty as a prosecutor to prepare your victims in victim cases.”

Napier has successfully prosecuted such cases, with only the child’s testimony as evidence, to the successful conclusion of the jury finding the defendant guilty. “If you believe the victim, I’ve met my burden.” stated Napier.

The office prosecutes with the same dedication and adherence to ethical standards for all crimes, including crimes where it’s an offense against the community such as drug dealing. Napier is responsible for prosecuting those cases where the community is the victim and not necessarily a single individual; including drug dealing cases. “They are all serious and they should be treated as such. I care about what happens in Marshall County and I care about the safety of this community.”

Prosecuting Attorneys and Judges in Indiana are subject to the Indiana Legislature which determines the level of offense and the sentencing levels deemed appropriate based on those levels.

Once an individual is sentenced to the Indiana Department of Corrections; they go to the Regional Diagnostic Center (RDC) which screens every inmate that comes in to the prison system in Indiana. Psychologists, counselors, addiction counselors and specialists, and behavioral health professionals screen every inmate that enters the prison system. Based on that clinical diagnosis; which can take six weeks or more, the Department of Correction determines the appropriate facility for the inmate based on their needs.

The Indiana Department of Correction (IDOC) Addiction Recovery Services Division does offer a comprehensive addiction treatment program called Recovery While Incarcerated (RWI) for inmates who are deemed appropriate for that program after their assessment at Regional Diagnostic Center (RDC).

After completion of the program; individuals can petition the court for a modification of their sentence. Depending on the terms of their plea agreement in that particular case; sentences can be modified.

Napier believes people can make healthy life choices and grow as individuals, parents and partners within the community. “The successes or the progress, however you want to characterize it, comes in inches not feet. It has to be a self awareness in the individual; an awakening, attention and observation of yourself and your choices. How you can improve and change, recognize what your responsibility is; and the role you played in leading you where you are right here today?”

She validated her belief in recovery from addiction using those who have recovered to lead full, productive lives as proof. While the path to that recovery may be different for each person and situation; recovery resources are available within the jail and within the community. “If people couldn’t stop then nobody ever would. But, they do and we know they do. I can’t think of a reason why anyone couldn’t.”

Napier doesn’t consider prosecution only a profession, but a calling. “This is not a job that you do for the accolades.”

“As committed as I am to a victim-centered prosecutorial model, if I compromise my professionalism by getting emotionally involved in every case I have; then what happens is I’ve compromised my professionalism and my professional judgment, I’ve dropped off using my experience and what I know and what I think is best. Yes, I care and am totally committed to it; but I have to maintain some emotional distance from it because they deserve my best. For them to get my best I have to keep that professional relationship.”

There is a victim’s advocate on staff in the Prosecuting Attorney’s office to help guide victims to resources and keep them updated on the status of the case.

Read about Napier’s role serving on the Indiana Prosecuting Attorney’s Council (IPAC) in the Monday edition of the Pilot News.