Posted: 9/14/04
Attorneys look at evidence on Carter
Attorneys working on the case of a Florida man charged with criminal sexual conduct looked at evidence, statements, and line-ups in Third District Court in Caledonia on September 9.
The omnibus hearing for Timothy Allen Carter, 27, took place before Judge James Fabian. Carter is charged with with two counts of criminal sexual conduct in the first degree for allegedly having sexual intercourse with a girl under the age of 13 on August 22.
Carter is being represented by public defender Ross Phelps of La Crescent. At the hearing last week, Phelps first asked that Carterís ankles be unshackled. Judge Fabian had jailer Mark Schiltz remove the restraints.
Houston County attorney Rick Jackson, representing the state, then went over the line-up procedure and pictures with Caledonia Police Chief Duane St. Mary. Six photos wre used as the identification procedure for witnesses.
Phelps also challenged statements and probable cause to go forward.
Each lawyer will now write a brief. The defendantís brief is due on September 23, the stateís on September 30. After that, Judge Fabian will make a ruling to admissability of evidence and probable cause. He will then will set a date for a plea hearing if the case moves forward.
Carter is currently in the Houston County Jail. His unconditional bail is $150,000.
Each count carries a maximum penalty of 30 years in prison and or a $40,000 fine.
Count one is based on the fact that Carter is more than 36 months older than a girl under age 13. Count two states that he caused personal injury and used force or coercion.
According to the criminal complaint, which was filed by Caledonia Police Chief Duane St. Mary on August 26, the girl told investigators that the incident had occurred while she was taking a walk in Caledonia with Carter after the Houston County Fair had ended on Sunday night, August 22. Carter was working in a midway stand at the fair.
An adult friend of the alleged victim reported it to Houston Police Chief David Breault on August 24. Police tracked Carter to Willmar, Minnesota, where he had gone with the carnival to a new fair. Chief Breault and Caledonia police officer Jim Logan arrested him there on August 26. Carter has a driverís license listing his address as Brooksville, Florida. He told the court at his arraignment that he owned a home in New Mexico, and he told a witness that he was from Texas.
Caledonia Argus
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