A judge issued a key ruling Monday morning in the case of Andrew Emmons who stands accused of putting a camera in a school bathroom. When his trial resumes in early April, attorneys will make their arguments in court. In early March, however, they made their arguments outside of court.
Emmons, a former Warrick County school teacher, faces 26 counts of child exploitation and voyuerism. His trial started in January but was continued after defense attorneys objected to evidence they claimed to have not seen. Emmons’ attorney, Anthony Long, filed a motion for sanctions against Warrick County Prosecutor JoAnne Krantz, claiming she had withheld evidence. Krantz also issued a motion petitioning the judge to dismiss Long’s claims. In the end, the judge sided with the State.
Andrew Emmons walked out of Warrick County Circuit Court Monday morning knowing that his trial will continue. Anthony Long, his attorney, walked out of court frustrated for the same reason.
“This is the worst I've ever seen it here. It's a shame,” Long said. “It's not good for anybody. It’s not good for either side and certainly not the people. [We’ll get] more of the same issues that we're going to have to deal with this prosecutor in this county. [JoAnne Krantz] does what she wants, when she wants to. She's not bound by the same rules.”
In late February, Long filed a motion for sanctions against Warrick County Prosecutor JoAnne Krantz. In the 10-page motion, Long, a former prosecutor, claimed Krantz withheld evidence and violated the judge’s December deadline to produce it. Long argued the alleged violation of discovery violated his client’s right to due process.
Krantz said the judge made the right decision.
“All cases are important. Cases concerning children obviously have more dimensions,” Krantz said. “The motion should have been denied in any case that it was filed."
Krantz disputes Long's claims but wouldn't speculate as to the reason why he made them. Krantz said she stands by her track record as the county prosecutor and her career that spans three decades.
“I don’t know what [Long] is referencing. Our mission -- or our task to do -- is the same in each case and our responsibilities to the court, to the law and to the defendant are met in each case," Krantz said. “As we say in court... I don’t know what is in the mind of the other [attorney]. They would be the best person to respond to that.’
“[The prosecution] blatantly disregarded [the judge’s] court order of December in producing things,” Long said. “The sanction was they got extention time to produce it. I guess when the penalties help you out, there isn't much incentive to comply."
Long says there is more than enough foundation already for an eventual appeal, if necessary. Krantz said the original jury that was seated when the trial was underway in January will still hear the case when Emmons’ trial resumes April 8th.
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