The Herald Bulletin

Morning Update

Local News

May 6, 2013

Ockomon wants special prosecutor to testify at hearing

ANDERSON, Ind. — An effort by Martin “Skip” Ockomon to clear his name of sexual misconduct allegations was delayed on Monday because a key witness was not in court to testify.

It was the second time a hearing had to be continued. The first came in March when an Indiana State Police detective tasked with investigating the allegations was not able to attend a hearing.

Ockomon is fighting to expunge his arrest record, but that move is being opposed by the Indiana Attorney General’s Office.

Midway through a hearing conducted by Madison Circuit Court 3 Judge Thomas Newman Jr. on Monday, it became clear that key questions in the ongoing dispute could only be answered by Tami Napier.

She’s the chief deputy prosecutor in Hancock County who was assigned the Ockomon case.

Specifically, Ockomon’s attorney, Bryan Williams, wants to know how and why language alleging ongoing fear, threats and intimidation found its way into probable cause affidavits and charging documents when none of the alleged victims raised those concerns during police investigations.

Absent continuing intimidation, the statute of limitations should have prevented charges from being filed, Williams said.

Indiana State Police Detective Tony Klettheimer could not satisfactorily answer those questions, so Newman agreed to issue a subpoena for Napier to appear and answer direct questions.

Ockomon was arrested twice because of the allegations.

Williams contends that because a statute of limitation had expired, charges never should have been filed against him, and Napier has admitted as much.

Ockomon was reinstated as a firefighter with the Anderson Fire Department last September after charges of child molestation against him were dropped a second time.

The brother of former Mayor Kris Ockomon, Skip Ockomon was on paid administrative leave from the department while he fought allegations that he abused three of his stepdaughters from 1986 to 1998.

Williams argues the arrest records should be erased since there was no probable cause to bring charges in the first place.

The Indiana Attorney General’s Office opposes that move.

A deputy attorney general has argued that Ockomon’s request to expunge his record should be dismissed because he does not meet the legal criteria for that to occur.

Henry A. Flores Jr. argued only four reasons to justify the erasure of charges: An individual is arrested but no criminal charges are filed, all charges are dropped because of mistaken identity, no offense was committed or there was no probable cause.

A date to resume the hearing has not yet been set.

Like Stu Hirsch on Facebook and follow him @StuHirsch on Twitter, or call 640-4861.

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