Attorney wants charges dropped
The attorney for a Hopwood man accused of having sex with a 12-year-old girl in December 2007 is asking for a dismissal of the case against his client because it wasn’t brought to trial in a timely manner. Attorney Doug Sholtis is asking for dismissal of the case against his client, Adam Lee Robinson under Rule 600, which grants defendants a right to a trial in a timely manner. During a hearing before Fayette County Judge John F. Wagner on Friday, Sholtis said the expiration date of the case was Feb. 28.
Robinson, 19, who also maintains a Farmington address, is facing charges of statutory sexual assault and corruption of minors in the assaults that allegedly occurred two times in December 2007. At the time, Robinson was age 18 and the girl was 12.
Police allege that Robinson, of Shellie Street in the Huggins Mobile Home Park, met the girl, now 13, at a business in South Union Township in December. Later that month, Robinson and his brother picked up the girl at her home and drove her to Robinson’s brother’s home on Shellie Street. Police said that Robinson and the girl had sex two times at the home, and they also smoked marijuana.
The Herald-Standard does not publish the names of alleged sexual assault victims.
The case was slated to go to trial in February, but did not.
Assistant District Attorney Michelle Kelley called five witnesses to testify regarding the circumstances of the case not being heard in either February or March.
Nicki Todaro, the victim/witness coordinator for the district attorney’s office, said the case was scheduled to go to trial in February but the presiding judge sent the jurors home before it was called. The case was then scheduled to go to trial in March, but could not because the victim had run away from home.
The alleged victim’s grandmother testified that the girl has lived with her since she was 11/2 years old.
She said she spoke with the girl prior to the beginning of court week in March and the girl said she didn’t want to testify. After that, she ran away.
“She just vanished,” the grandmother said.
The woman said she picked up the girl on March 16 at her stepmother’s house and took her home.
Jerome Andria, Fayette County’s chief juvenile probation officer, testified that the girl is a client of his office. He said a violation of probation was filed against her after she returned home. Andria said the girl was missing from Feb. 28 through March 17.
Other witnesses testified that the girl ran away before the start of the March court term and could not be located.
After both sides agree to stipulate that Robinson was available for both the February and March terms of court, Sholtis did not call any witnesses.
In asking for a dismissal for the charges, Sholtis said that because the case wasn’t called to trial in February, whether or not it was called in March is a moot issue.
“It should have been called during the February term. The law states it must go to trial within 365 days,” Sholtis said.
Sholtis said that even if the case moves forward, because the girl has said she doesn’t want to testify, the sides may be back in the same situation again.
Kelley said sometimes circumstances exist that preclude a trial from occurring within the dates set by law.
She said the decision to send the jurors’ home was made by the court and not the district attorney’s office.
Wagner said it is his understanding that the decision on when to send jurors home during court week is made after the president judge has a discussion with the district attorney.
Kelley said only a certain number of cases go to trial each month.
“We just can’t keep going and going and going,” Kelley said. “Our position is the circumstances were beyond our control.”
Kelley also said it was clear from the testimony that the victim was unavailable and was an essential witness. She asked Wagner to deny the motion.
Wagner said he would review the briefs submitted by counsel and make a decision.