Assistant District Attorney Keith Werner told the judge the state was not contesting the date of the offense, which, according to court records, was January 29, 2014, more than two years after the Grand Jury returned a true bill of indictment on the misdemeanor count.
He said, however, the state's plea offer was the sexual battery charge, a lesser charge than the felony indecent liberties count originally lodged against the minister.
The state, however, was in a position to argue against Davis's motion seeking dismissal of the misdemeanor count, on which Meinsen was indicted in February.
Davis argued the statute of limitations, which has been in place since 1826, “is pretty clear.”
The law forbids the filing of misdemeanor charges, other than malicious misdemeanors, either through warrant or indictment after two years of the offense date. “Once the crime is completed, that's when the time clock starts running,” Davis said.
He said the way the law reads a crime must have the element of being malicious or be enumerated as malicious. “There is no ambiguity to it.”
Werner countered sexual battery is an assault and the indictment on that charge was brought about “to allow him to plea (to a charge) less than the felony charge. I think it qualifies because it is an assault.”
Argued Davis: “I think it's clear the offense has to be enumerated as an element or have it as the title.”