Kosciusko County Prosecutor David Kolbe will turn a prostitution case over to a special prosecutor to handle, and Kolbe may also pursue an investigation into the two police officers involved in the case.

Angela Frye was arrested Jan. 29 and charged with prostitution, a Class A misdemeanor, after allegedly initiating a sexual act during a massage while working for Dating Dynamics, Warsaw. Frye and Jeanette Fairchild, the business owner, claim nothing illegal happened.

Dating Dynamics offers topless massages. Police began investigating the business after receiving numerous complaints from the public.

Kolbe was forced to step down as prosecutor since he was named as a defense witness in the case, he said.

Richard Brown, the Fulton County prosecutor, was named to head the prosecution against Frye. She is scheduled to go on trial July 23 at 8:30 a.m.

Frye and the owner of Dating Dynamics, Jeanette Fairchild, allege in Frye's defense case that the two police officers reportedly offered Fairchild a break if she would campaign against Kolbe, who was at the time a candidate for prosecutor in the primary election.

When Fairchild refused, she said, the police then searched her business and arrested Frye. Fairchild alleged the police only forced the arrest when she would not agree to help them.

Kolbe said he was asked to get the search warrant and appeared at the business during the search.

"The implications are serious," Kolbe said of the case. He asked what would have happened if Fairchild had agreed to help the two officers.

Kolbe said he wants to ask the court to appoint a special prosecutor to conduct a thorough investigation of the two Warsaw Police Department officers, Tony Faucett and Mike Speigle. "The police department response has been weak," Kolbe said.

Warsaw Police Chief Craig Allebach had no comment but said Kolbe was free to call the special prosecutors. "All we want is to see criminals prosecuted and tried," Allebach said.

An investigation could find the two officers attempted to cause an obstruction of justice or could find "implications of potential criminal conduct" by the two, Kolbe said.

Kolbe said if the officers did what Fairchild and Frye allege they did, they were "playing with the investigation" and may have committed acts of official misconduct.

Kolbe also said there was recently an amendment to the special prosecutor's law that says when a public servant is investigated, the prosecutor must make a public report. That provides closure for everyone, Kolbe said.

Kolbe said the investigation against the two officers could range from exoneration of wrongdoing to charges or a grand jury indictment or anything in between.

The modified Miranda rights, called the "Kolbe Warning," that the two officers allegedly gave Fairchild refer to Kolbe. They reportedly suggest that a defendant's religious inclinations could lead to a reduced sentence by Kolbe. The six-line commentary also appears to mock the Miranda warning.

"A government agency ought not to mock anybody's faith," Kolbe said.

Kolbe said the rights actually create a conflict with the separation of church and state. He said he is thinking of filing a tort claim to argue the alleged violation of a government agency interfering with religious matter. If any money was raised from the claim, Kolbe said, he would donate it to a Christian charity.

He said it is a constitutional violation, but he would consider filing the tort claim as a citizen, not the prosecutor.

"People of faith, whatever faith, find that offensive," Kolbe said of the "Kolbe Warning."

He said he thinks the two officers who allegedly read the fictional rights to Fairchild were not punished strongly enough by the Warsaw Police Department. [[In-content Ad]]