GREENCASTLE -- A Greencastle man who is facing felony battery charges and has been in jail for over a year has filed a second motion for dismissal of charges and release from incarceration.
Seth Land, 22, has been charged with two counts of Class B felony aggravated battery in connection with a May 15, 2009 attack on his mother Sharon Land. If convicted on both counts, Land could be sentenced to 40 years in prison.
Police reports indicated that Land has suffered from schizophrenia and other mental illnesses.
On April 23, Land filed a pro se motion for release from custody and dismissal of all charges. In his motion he cited Criminal Rule 4
Land also requested in the motion that if the charges were not dismissed his trial would begin no more than 70 days from the date of his motion.
At a hearing on May 27, Land withdrew the motion for dismissal. Late last week, he filed a motion asking the court to reconsider it.
A trial for Land has been set for Oct. 13. His final pretrial conference will be held on Sept. 23, which is also the deadline for any plea agreements in the case.
Land first appeared in Putnam County Circuit Court for an initial hearing on May 18, 2009. Land would not speak at that hearing, but Judge Matthew Headley appointed pauper counsel for him. Land was initially represented by James Recker, but was replaced by another public defender, Todd Sallee, in January.
Court documents said Land beat his mother so severely that she lost an eye and suffered other injuries. Land admitted to officers that he and his mother had been in an altercation.
At the request of Putnam County Prosecutor Tim Bookwalter, Land's bond was set at $100,000 cash only. Because of his erratic behavior and the amount of care he required, Land was moved to the Wabash Valley Correctional Facility.
Land appeared alert and coherent at his May 27 court date. He was cooperative and answered all Headley's questions.
On May 26, Sharon Land, identifying herself as a victim in the case against her son, filed a motion to compel disclosure of public record. In the motion, she requested "a copy of all public records including but not limited to photographs, electronic and taped information regarding the victim's injuries and testimony."
In the motion, Sharon Land alleged she was denied access by the prosecutor's office to a portion of the evidence she requested to see.
The state denied that motion on June 10. In his response to the motion, Putnam County Chief Deputy Prosecutor Justin Long said the motion should be denied because "the victim is not a party to this case and has no standing to file such pleadings in this cause" and "investigatory records of law enforcement are exempted from disclosure."
Land also has a battery charge pending against him in Wayne County. He is set for a final pretrial conference on July 8 and a trial on Aug. 10 there.