Attorney presses for full review of Carmel bus assault


Chris Proffitt/Eyewitness News

Hendricks County - Another county prosecutor is now taking a look at the assault case involving former Carmel High school basketball players. An attorney representing an alleged victim in the case is calling on the prosecutors for a full review that he hopes lead to more than just misdemeanor charges.

The attorney for the 15-year-old victim allegedly assaulted aboard the Carmel basketball team bus wrote a letter to Hendricks County's prosecutor on Tuesday asking for a full investigation into the case. This comes after Hamilton County dismissed battery charges last week against former Carmel basketball players Brandon Hoge and Robert Kitzinger. Charges are expected to be refiled in Hendricks County where the alleged assault took place.

"I've asked for her to conduct her own investigation of the bus incident, not to simply accept what happened in Carmel in terms of the grand jury investigation. There's a lot of holes in the Carmel investigation, obviously," said Robert Turner, attorney.

A report from Child Protective Services revealed that the teen aboard the bus was sexually assaulted. Yet a grand jury returned misdemeanor indictments in the case in May 2010. Prosecutor Pat Baldwin said it could be until next week before she decides whether or not to endorse the charges.

Everyone involved in the case agrees that it was the right thing to do to dismiss the charges in Hamilton County since the alleged crimes didn't happen there. But there are questions over why it took so long.

"We wasted a lot of taxpayer dollars and now we're going to Hendricks County to do it again?" said Turner.

Late Tuesday, Hendricks County Prosecutor Patricia Ann Baldwin issued the following statement to 13 Investigates:

"I have received a copy of the letter that Mr. Turner is apparently sending to the media. My investigator has spoken with him, and will be interviewing some others as requested. So with this being an ongoing investigation, I will not be commenting further at this time."

Turner, a frequent critic of the way the investigation was handled, says now is the time to correct what he insists is a case that's been mishandled from the beginning.

"We've got children killing themselves because they're bullied. They embarrassed. They're having psychological and physical problems and school systems and prosecutors need to take this seriously," Turner said.

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