KOSCIUSKO — Patrick Olson, former community corrections officer, is seeking dismissal of felony charges related to a 2017 case.

Patrick Olson

Charges of sexual misconduct by a service provider, a level 5 felony, and aiding/inducing/causing escape, a level 6 felony, were filed in Kosciusko County Superior Court on Nov. 17, 2017. The warrant was served that same day and Olson posted bail. Robert Bowen, a judge from Marshall County, was appointed as a special judge in the case and D.J. Sigler, prosecuting attorney for Whitley County, was appointed as special prosecutor.

The case has been pending since Nov. 17, 2017. On Jan. 10, the case was set for trial by jury and scheduled for Nov. 19 through Nov. 22.

Olson’s attorney, David Kolbe, has filed a motion to dismiss regarding the case.

The motion argues that the case should be subject to Criminal Rule 4(C), which states that “no person shall be held on recognizance or otherwise to answer a criminal charge for a period in aggregate of more than one year from the date of the criminal charge against such defendant is filed, or from the date of his arrest on such charge, whichever is later.”

The motion also argues that Kosciusko County is an improper venue for Olson’s charge of sexual misconduct of a service provider. The argument is that the alleged sexual misconduct occurred in Valparaiso, but Indiana Code 35-32-2-1(1)(a) states that “criminal actions shall be tried in the county where the offense was committed.”

The third point argued is that the facts presented in the probable cause affidavit do not constitute an offense. The affidavit states that “Officer Olson came to her residence and [she] advised he had removed her ankle bracelet.” The motion states that “one can only commit aiding, inducing or causing if another person commits the offense.”

The final point argued is that Olson was denied procedural due process regarding special prosecutor. The motion says that the state failed to state term for the special prosecutor, the special prosecutor failed to file progress reports, the selection procedure of the special prosecutor was unlawful and that the special prosecutor failed to support the United States Constitution.

In conclusion, the motion states that “for a variety of reasons, the charges against Mr. Olson should be dismissed, including failure to follow the mandates of the special prosecutor statute, failure to file Count I in the proper county and failure to state facts that constitute a crime as to Count II. However, the most fundamental reason for dismissal is the failure of the state to comply with the requirement of Criminal Rule 4(C). Both charges should be dismissed with prejudice.”