Attorney Terrance Kinnard filed a motion to dismiss defendant Michael Barnett's charges Monday, days after he and ex-wife Kristine Barnett attended their initial hearing for allegedly neglecting a dependent six years ago.
Michael Barnett was charged Sept. 11 with two counts of neglect of a dependent.
A brief accompanying the motion argued that the charges were filed beyond the statute of limitations for level 6 felonies; Michael Barnett never tried to "conceal" his role in the case; and the state needs to specify its definition of a dependent to make a definitive charge against the defendant.
"To borrow words from the famous broadcaster Paul Harvey," the memo reads, "now, the rest of the story."
Kinnard pointed out that when Natalia Barnett's age was legally changed from 8 to 22, the "State was aware that a court of law changed Natalie's birth date, rather than its prior averment that the Barnetts 'had the victim's age changed.'"
This makes the state's allegation that Michael tried to conceal the age change moot, his lawyer argued.
The charges should also be dropped, Kinnard wrote, as the alleged offenses occurred outside of the period covered by the statute of limitations between "July 10, 2013, through and including June 30, 2014," according to charges filed.
This contradicts information the state added to its charging information, per the brief, that states the offenses as continuous and occurring between July 10, 2013 and ending around Feb. 28, 2016.