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Judge to consider motion in Hope marshal’s case

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A trial for suspended Hope Town Marshal Donald Randy Bailey has been moved to Sept. 2 in Bartholomew Circuit Court.

A change in witness testimony, delayed test results and an unavailable audio expert were cited by the prosecution as reasons for the delay, which was granted by Circuit Judge Stephen Heimann.

The trial was to have begun in about three weeks.

Bailey, 50, is accused of making untrue accusations that led to the arrest of Hope resident Anthony Paul.

Bailey is accused of Class D felony misconduct and Class B misdemeanor false informing from an exchange of words he had with Paul outside the marshal’s home in May 2012, according to court affidavits.

Bailey is accused of telling sheriff’s deputies and the Indiana State Police that Paul had threatened him and refused his demand that he leave his property, according to a probable-cause affidavit.

Eleven months after Paul was arrested for intimidation and criminal trespassing, Bailey’s allegations unraveled after a digital audio recording surfaced of the actual conversation.

Charges against Paul were dropped Aug. 19 — the same day Bailey was arrested.

Three weeks after Bailey was arrested, the Hope Town Council voted to place him on unpaid administrative leave and delay a decision on his future employment until his case was resolved in the court system.

Since that time, Bailey’s duties have been handled by Hope Police officer Matt Talent on an interim basis.

During Thursday’s hearing, Heimann listened to arguments from defense attorney Tom Barr, who wants two interviews withheld from evidence. The interviews involve Bailey meeting with Bartholomew Deputy Prosecutor Greg Long on separate dates in May 2013.

Video and audio surveillance equipment were used to record Bailey’s conversations with Long, while Prosecutor Bill Nash and Bartholomew County Sheriff Mark Gorbett listened from Nash’s office.

In an argument first presented last fall, Barr said those interviews should not be allowed into evidence because Bailey thought he was there to help prosecutors prepare their case against Paul.

The Nashville attorney said Bailey had a right to be told the true reason why he was being interviewed, made aware of the recordings, informed of his right not to incriminate himself and be given the opportunity to have an attorney present.

But special prosecutor for the Bailey case, Cynthia Crispin of Hancock County, said there were no laws broken.

“Suppression is not a remedy, and deception is not necessarily misconduct,” Crispin said in response to Barr’s argument.

The constitutional protections Barr cited only apply to suspects who are in police custody, Crispin said. She noted Bailey had not been charged at the time, voluntarily answered questions and was free to walk out.

She also cited Indiana law that allows such recordings to be used in court as long as one of the involved parties knows they are being recorded.

Heimann is scheduled to rule on Barr’s motion to suppress the evidence on or before July 8.

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