Child molesting case dismissed because early trial date deadline was not met

Child molesting case dismissed because early trial date deadline was not met

EVANSVILLE, Ind. (WFIE) - Court records show a child molesting case has been dismissed because of a scheduling issue.

Our cameras were at the jail as he was released.

Child molesting case dismissed because early trial date deadline was not met

His original arrest affidavit shares extremely disturbing details that police say the child told investigators.

The dismissal now causing a stir within Evansville Police Department’s Sexual Violence Unit.

Detective Mike Kennedy tells us, “I am disappointed in what has happened. We are hoping for additional avenues to make sure justice is found for everyone involved. There are a lot of people behind the scenes that are heartbroken.”

Court records show Adams requested an early trial on Feb. 20. A trial date of April 15 was then set, but because of court congestion, had to be canceled.

Although, it was past the 70 day deadline, both sides agreed on May 8.

In April, the prosecution filed a motion to admit the child’s video statement made at Holly’s House, but did not provide the video to the court.

The defense said the evidence would violate the defendant’s rights of confrontation, so it would need to be proven that the child was not able to testify before it could be ruled that the video could be submitted.

Court records show the prosecution did not indicate that the child could not comprehend the oath to testify, only that he didn’t want to.

During a pretrial conference, the day before the trial, the records show the prosecution offered a “time served” plea deal, but the defendant turned it down.

It says the prosecution then moved to continue the trial to “explore my options.”

The request for a continuance was denied because there was no time left under the defendant’s early trial request.

The records show the prosecution said he intended to dismiss the case the next day, May 8. Therefore, the court canceled the trial.

Instead, the prosecution filed a motion on May 8 to reconsider the ruling about the video statement.

The prosecution clarified they weren’t trying to determine whether or not the child was able to testify but that he was entitled to a “protected person” hearing.

The court says the prosecution never requested the hearing, but instead, waited until a regular court appearance (the pre-trial hearing) and requested a continuance.

The court says they were compelled by rule and law to grant the defendant’s motion to dismiss.

Court officials tell us there could still be an appeal to the dismissal.

The prosecutor’s office says they are not able to speak with us, but they sent a statement.

“The Vanderburgh County Prosecutor’s Office will be reviewing the court’s ruling, in consultation with the Indiana Attorney General’s Office, to consider options moving forward. At this time, we cannot comment further on the matter.”

Kate O’Rourke is working on this story now.

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