A typographical error might have jeopardized the prosecutor’s case against a man accused of having sex with a Cass County teenager and getting her pregnant.
In a hearing in Cass Circuit Court Thursday, Judge Leo Burns listened to arguments from the defense and prosecution on the matter of mistakes made in the charging information filed by the Cass County Prosecutor’s Office against 23-year-old Jesse Alan Philapy of Kokomo.
Philapy is accused of having consensual sex with a 15-year-old. The teen became pregnant and gave birth to Philapy’s child. He was arrested July 19, 2007, and charged with class B felony sexual misconduct with a minor.
In May, defense attorney Randy Hainlen formally objected to the latest attempt by the prosecution to amend the charge.
The charging information contained errors, including an incorrect last name for the victim. The prosecution changed it once, but the second filing had mistakes as well. The defense was trying to block the third attempt at altering the document.
Age is the main concern at this stage in the case.
The time frame of the alleged sexual act is currently stated as August of 2007, not 2006, as reportedly intended by Chief Deputy Prosecutor Lisa Swaim.
The charge of sexual misconduct with a minor is age sensitive.
If the incident occurred in 2006, the girl would have been 15, thus constituting a crime. If it occurred in 2007, as stated in the charging information, she would have been 16, which would not be a crime, Hainlen said.
Hainlen says the prosecution missed the deadline for changing the charging information, and he wants the request for amendment dismissed.
Swaim said the change was a matter of form because it would not prejudice the defendant’s rights. The mistakes were typographical errors, Swaim argued. The charge itself would remain the same.
Swaim said Philapy knew the alleged victim well, knew her name and her age. She asked the court to deny the defense’s request to dismiss the amendment.
Both sides submitted case law for the judge to consider. Burns said he would rule on the matter Friday, but had not prior to the courthouse closing for the weekend.
Philapy has been out of jail since July 27 on a $25,000 surety bond.
Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com
Local News
Case in jeopardy because of typos
<b>Prosecution alleges 23-year-old Kokomo man impregnated a 15-year-old in 2006.</b>
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