By Jack Molitor
The Herald Bulletin
ANDERSON, Ind. — A hearing to expunge the arrest record of Martin "Skip" Ockomon has been reset for a later date.
An expungement hearing on July 1 was stopped without resolution when the testimonies of Anderson Police Department Detective Tony Klettheimer and special prosecutor Tami Napier couldn't be accurately compared.
Ockomon was arrested twice because of the allegations. His attorney, Bryan Williams, contends that because a statute of limitation had expired, charges never should have been filed against him, and a special prosecutor assigned to handle the case admitted as much.
But the Indiana Attorney General's Office has opposed the attempt at expungement because Ockomon does not meet the legal criteria for that to occur.
Deputy Attorney General Henry A. Flores Jr. said only three reasons exist to justify erasure of charges: An individual is arrested but no criminal charges are filed, all charges are dropped because of mistaken identity, or no offense was committed or there was no probable cause.
In his request, Ockomon does not attempt to claim that he did not commit the offense or that this was a case of mistaken identity, Flores said.
Instead, Ockomon asserts his arrest record should be erased based upon a legal technicality. Specifically, an indication by the special prosecutor that charges were being dropped because the statute of limitations had run out and there was no probable cause to file charge, Flores said.
He added that Williams was attempting to merge two distinct concepts, probable cause and statute of limitations.
Williams, who had a heated discourse with Napier at the July 1 hearing, said he's arguing that Napier didn't have probable cause, and the statute of limitations acts to support that. Williams said since probable cause evidence hasn't existed all along, the arrest should never have been made and therefore no record of the arrest should exist.
Williams also said Klettheimer testified at an earlier hearing that Napier expressly asked the detective to add language to police reports that would satisfy probable cause. At the July 1 hearing, Napier denied that, but a resolution couldn't be found so the hearing was reset.
"The two testimonies contradict each other, and that's concerning," Williams said.
Williams said he's currently reviewing transcripts of Klettheimer's and Napier's testimonies. No date has been set for a new hearing.
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