A Warrick County judge could soon decide whether to throw out some of the now 42 felony charges against former Boonville middle school teacher, Andrew Emmons.
Emmons is accused of secretly recording co-workers, family members, and 16 teenage girls inside a middle school locker room.
Emmons' attorney has filed a motion to dismiss, accusing the prosecutor of making mistakes in filing the charges.
On Tuesday for the very first time, Warrick County Prosecutor Joann Krantz is speaking out about those mistakes, her job, and why it took so long to charge Emmons in the first place.
Krantz's mistake may or may not have any effect on the outcome of Emmons' case, still, attorneys in Warrick County say they're concerned about how she handles cases, especially when it comes to filing charges.
"There was a lot of video. There was people to talk to about it," Krantz said.
On September 13, 2012, Andrew Emmons was arrested after a camera was allegedly found inside a shampoo bottle in a Boonville Middle School faculty restroom.
A probable cause affidavit states Emmons was forthcoming, confessing to police, and telling them he had more footage, including secret recordings of 13 and 14 year old girls changing inside a school locker room.
Soon after, Emmons was released from jail on bond, but his bond was returned, the initial charges dropped.
Four and half months later more charges and another arrest for Emmons.
When asked what took so long to bring the charges in the first place, Krantz said, "Well, there was a very detailed investigation by Indiana State Police. They obtained evidence from the defendant's home and it needed to be evaluated."
14 News asked, "In this case, you brought charges as soon as you possibly thought you could?"
Krantz responded with, "Absolutely. Absolutely."
Indiana State Police say it's not unusual to for an investigation to take that long, but families of the young victims tell 14 News they were left in the dark while Emmons remained free.
"What about our kids? They were innocent. They have to live with this for the rest of their life," a parent said.
"We just want some answers. I feel like the prosecutor and everyone is keeping us in the dark," a Boonville mom said.
"Our prosecutor, our system is failed. It is failed," Mark Philips said. Phillips is a Warrick County public defender and former deputy prosecutor in Warrick County.
"This prosecutor's office is spending more money and forcing the county to spend more money in the trials that we try, the expenses that the county incurs, more than ever before," Philips said.
According to county council minutes, the council gave an additional $10,000 in June and then another $10,000 in October to pay the county's public defenders.
An employee telling the council, they've had a lot of jury trials and their accounts were 'depleted.'
"In this triangle of operation, court, prosecutor, defense, two of the three are doing their job and the other isn't," Philips said.
A charge the prosecutor vehemently denies.
"That's not true. There's no evidence to support that. I've heard that and defense attorneys will say that. I've heard that said up in court," Krantz said.
14 News asked Krantz, "Do you ever file charges that you don't think you can prove?
She said, "No. No."
Emmons is expected back in court next month, more than five months after his initial arrest.
In a bond hearing earlier this month, Emmons' attorney Anthony Long told the court charges prepared by Krantz herself weren't correct.
A technical error, Krantz says she overlooked.
"It's an oversight on proofreading, I mean, I missed it. I work with those charges for quite a while and it was proofreading and it's on my plate," Krantz said.
According to court records, Krantz has filed amended charges, plus 16 additional felony counts.
In response, Defense Attorney Anthony Long says he has filed another motion to dismiss.
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