from the Grant Superior Court The Honorable Jeffrey D. Todd,
Judge Trial Court Cause No. 27D01-1604-FA-1
Attorney for Appellant Evan K. Hammond Grant County Public
Defender Marion, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Ellen H. Meilaender Deputy Attorney General
Mark Reed appeals his conviction for child molesting as a
class A felony. Reed raises one issue which we revise and
restate as whether the trial court erred in denying his
motion to dismiss. We affirm.
and Procedural History
At some point in 2001 when J.D. was ten years old, she met
Reed who had started dating her mother, and J.D.'s mother
stayed with Reed in La Fontaine, Wabash County, Indiana, and
later in a trailer near Monticello, White County, Indiana.
J.D. and A.D., who was J.D.'s sister and two years
younger than J.D., lived primarily with their father but
visited their mother and Reed. J.D.'s mother left J.D.
and A.D. in Reed's care while she was at work. Reed told
J.D. that she "looked like Brittany Spears" and he
wished he "could eat her up." Transcript Volume 2
at 109-110. Reed would always want J.D. to sit next to him on
the bench seat in the truck and would try to hold her hand or
place his hand on her leg. In 2001 and 2002, Reed would touch
J.D.'s knee and sometimes place his hand between her
thighs while sitting next to him in a vehicle.
On one occasion when J.D. and A.D. were alone with Reed in
the trailer house near Monticello while J.D.'s mother was
at work, Reed told J.D. and A.D. that a spirit named Freddie
would enter his body and make him do bad things, that one
little boy had not listened to Freddie and had to be
punished, and that the boy had his intestines strung
throughout some trees as punishment for not listening to
Freddie. Reed sent A.D. out to play, he told J.D. that she
needed to listen to Freddie and that meant she needed to give
him a hug before she could leave, he wrapped his arms around
her, and he "reached his arm around and grabbed [her]
butt and squeezed really tight and held [her] there."
Id. at 119.
On another day in the summer of 2002 when J.D.'s mother
was at work, Reed drove J.D. and A.D. in the truck from
Monticello to Matter Park in Marion, Grant County, Indiana.
After they exited their vehicles, Reed was going to show J.D.
something. He and J.D. walked without A.D. toward a tree
line, "there was a no trespassing sign in the trees and
. . . a little walkway past it, " and they walked past
the sign and through the tree line into a little clearing
from where J.D. could not see anyone. Id. at 125. As
they walked, Reed told J.D. that Freddie was back. He told
her to take her shorts and underwear off and get down on her
knees, and she lowered her shorts and underwear to around her
ankles and got on her hands and knees. Reed got on his knees
behind her, took "his hands and . . . start[ed] feeling
[J.D.'s] whole genital area, " "he would take
his hand and go from the front to the back feeling
everything, " and "he would grab [her] butt cheeks
and spread [th]em apart." Id. at 132. Reed told
J.D. not to look at him, to look down, and to be quiet. He
touched her vagina and "his finger went in a little
bit." Id. at 133. He also placed "one hand
on each side of [J.D.'s] butt cheeks, " with
"his thumbs inside [her] butt cheeks, " and it felt
to J.D. like his thumbs were "[p]ressing on [her]
anus." Id. at 135. Reed told J.D. she could put
her shorts back on, she did so, and they walked back toward
the vehicle. While walking back, Reed threw himself into the
field, started wiggling and jerking around on the ground, and
said that Freddie was leaving his body. Reed then asked J.D.
"what Freddie did" and "wanted [her] to
describe what happened." Id. at 140. The
following day, Reed told J.D. not to tell anyone and, if she
did, Freddie would "make [her] disappear, " and
J.D. thought that "disappear" meant that Reed would
kill her. Id. at 144-145. A couple of days later,
Reed was arrested on another matter. His relationship with
J.D.'s mother ended following the arrest.
At some point prior to January 2008, J.D. disclosed that Reed
had molested her to A.D. and her friend N. and told them not
to say anything. J.D. also wrote a letter to one of her
former boyfriends telling him that she had been molested, she
let him read it in her presence, he gave the letter back to
her, and she kept the letter. When she was sixteen years old,
J.D. saw Reed in a convenience store, and she "was just
frozen" and "so scared." Id. at 153.
J.D. saw Reed walk outside and enter a vehicle with a woman
and two children and drive away. J.D. called A.D. and was
crying and upset. At some point after seeing Reed at the
store, J.D. told her mother that Reed had molested her, and
J.D. and her mother contacted the police.
Marion Police Officer Austin Lamb prepared a report in July
of 2008. Marion Police Detective Larry Shaw was assigned the
case involving J.D. The initial report reflects that a copy
of the report was sent to the Monticello Police Department in
White County. Also in July 2008, J.D. was interviewed at the
Child Advocacy Center, and Detective Shaw as well as a member
of the Grant County Prosecutor's staff, Lisa Glancy,
attended the interview. A description of the incident at
Matter Park in Grant County was disclosed during the Child
Advocacy Center interview. J.D. went with a police officer to
Matter Park to point out the location of the incident.
Detective Shaw had difficulty in contacting or finding Reed
and "in keeping communication with the victim,
J.D.'s mother." Id. at 64. Representatives
from the Grant County Prosecutor's Office assisted J.D.
and her mother in filling out paperwork for a protective
order against Reed. The case against Reed for molesting J.D.
was not presented to the prosecutor's office for review
at that time.
In January or February of 2016, Jay Kay ("Investigator
Kay"), an investigator with the Grant County
Prosecutor's Office, while investigating a case involving
another person who said she had been molested by Reed,
discovered the 2008 report regarding Reed molesting J.D.
Investigator Kay reviewed J.D.'s interview at the Child
Advocacy Center, interviewed J.D., took photographs at Matter
Park, obtained the letter J.D. had written to her former
boyfriend, and contacted A.D., J.D.'s mother, N.,
J.D.'s former boyfriend, Harold Reed
("Harold"), who was Reed's uncle, and Michael
Reed ("Michael"), who was Reed's cousin.
On April 21, 2016, the State charged Reed with numerous
counts of child molesting including two counts of child
molesting of J.D. as class A felonies.Count I alleged
that, on or about January to August 2002, Reed placed his
finger in J.D.'s vagina, and Count II alleged that, on or
about January to August 2002, Reed placed his finger in
J.D.'s anus. The State also alleged Reed was an habitual
offender. Reed filed a motion for severance of counts, and
the court ordered that the charges in which J.D. was the
alleged victim, Counts I and II, would be severed and tried
separately from the counts related to other alleged victims.
On January 5, 2017, Reed filed a Motion to Dismiss Counts I
and II arguing that the counts alleged the incidents occurred
on or about January to August 2002 and that the delay in
filing charges against him violated his due process rights
and impaired his ability to mount a defense. On January 6,
2017, the court held a hearing on Reed's motion at which
Investigator Kay indicated that he spoke with Detective Shaw
and that his understanding was "that there was a little
bit of attempt to investigate at that time." Transcript
Volume 2 at 53. When asked "[i]s the only police report
in this case that you were able to find was the one created
by [Officer] Lamb, and uh, his contact with . . . the mother
of the victim, " Investigator Kay responded
affirmatively. Id. at 59. Investigator Kay further
indicated that the Child Advocacy Center interview "was
the only source of a crime against J.D. occurring in Grant
County" and that, to his knowledge, there were "no
reports generated after the [Child Advocacy Center] interview
. . . where J.D. described being molested at Matter
Park" and "there was . . . nothing generated that
could be presented to the prosecutor to review the
case." Id. at 60. He also indicated that his
understanding in reviewing the case was that Detective Shaw
"had difficulty in contacting, finding [Reed] and in
keeping communication with the victim, J.D.'s
mother." Id. at 64. The court denied Reed's
motion to dismiss. A jury trial was commenced on January 9,
2017, at which the State presented the testimony of, among
others, J.D., J.D.'s mother, A.D., J.D.'s friend N.,
and Investigator Kay, and Reed presented ...