Judge denies dismissal attempt in child molest case

Tyler Juranovich, Kokomo Tribune, Ind.
·2 min read

Apr. 26—The criminal case against a Kokomo man charged with several counts of child molestation will move forward after a motion to dismiss was denied.

Howard County Superior 1 Judge Matt Elkin this month denied a request by Geremy Miller and his lawyer Brent Dechert to dismiss some or all of the 24 child molestation and sexual misconduct with minor charges levied against Miller.

Miller was arrested and charged last summer after police and prosecutors say he molested two female juveniles over several years. Miller has pleaded not guilty.

In March, through his attorney, he filed a motion to dismiss, arguing the state charging him with 24 similar charges violates his rights under the double jeopardy clause of the Indiana Constitution and lost audio of an interview one of his accusers gave police and Child Protective Services and a statement from Miller denying the accusations in 2013 violates his right to due process.

According to court documents, the defense plans on arguing that one of the victims gave "inconsistent" statements to investigators.

Those arguments in the motion to dismiss, though, were rejected by Elkin in a four-page order filed April 11 stating "the defense has provided no legal reason" why the 24 charges should be dismissed.

Elkin elaborates by stating counts 1-12 pertain to the first alleged victim and counts 11-24 the second; specifically, counts 3-12 allege different time periods and different conduct and/or age; counts one and two are only duplicitous if the state "cannot provide two separate acts during the testimony"; counts 13, 14, 17, 18, 20, 21 and 22 are "charged similar" but under the state statute that "provides a consequence whether the child or adult performed or submitted to an act alleged."

"In essence, here again, there are possibly two separate or distinct acts the state is alleging occurred within the time period charged," Elkin writes in his order.

As for the lost audio in the 2013 interviews, Elkin says even though the audio of the interviews were destroyed in 2020, they are "memorialized" in writing by the investigating police officer and employee for CPS/DCS. Additionally, both are available and can be called upon to recall the interviews.

Miller's jury trial is currently scheduled for July 12.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.