The motion for release of a Greencastle man facing 14 child molestation-related charges has been taken under consideration.
Terrell Britton, 53, has been in jail since his arrest on June 12. He is facing six Class A felonies, each punishable by up to 50 years in prison, six Class D felonies, each punishable by up to three years in prison, and two Class A misdemeanors, each punishable by up to one year in prison, for his alleged involvement in sexual misconduct with four minors.
Citing Criminal Rule 4(A) of the Indiana Rules of Criminal Procedure, Britton's court-appointed attorney James Recker filed a motion on Feb. 17 for Britton's release.
Criminal Rule 4(A) states that "No defendant shall be detained in jail on a charge, without a trial, for a period in aggregate embracing more than six months from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge (whichever is later); except where a continuance was had on his motion, because of congestion of the court calendar; provided, however, that in the last-mentioned circumstance, the prosecuting attorney shall make such statement in a motion for continuance not later than 10 days prior to the date set for trial, or if such motion is filed less than 10 days prior to the trial, the prosecuting attorney shall show additionally that the delay in filing the motion was not the fault of the prosecutor."
The rule says that should a defendant be released in accordance with rule 4(A), it should be on his or her own recognizance.
At a recent hearing, Putnam County Circuit Court Judge Matt Headley agreed to take Recker's motion under consideration.
Britton's trial has been continued twice -- it was originally set for Dec. 10, but was continued to March 25 at Recker's request. On Jan. 13, Headley pushed the trial back a week to April 1, stating that it would be difficult to assemble a jury for a trial that would take place during Spring Break.
Putnam County Prosecutor Tim Bookwalter argued that because Recker requested the only true continuance of the trial, Rule 4(A) did not apply to Britton's case.
Britton has pled not guilty to all charges.