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Christoval Dimas of Ligonier will remain in jail until his trial, according to a ruling Thursday in Kosciusko Circuit Court.
Judge Rex Reed said he believes Criminal Rule 4 - which says that a defendant is entitled to be released on his own recognizance if he is detained for more than six months without trial - is unconstitutional as to murder.
Although Reed agrees that a defendant is entitled to a speedy trial, he said he does not believe that Criminal Rule 4 is appropriate where murder is concerned.
"Criminal Rule 4(A), as it relates to murder and treason, violates the separation of power between the state Legislature and the courts," Reed said. "The Supreme Court cannot usurp the constitution as it relates to the Legislature for murder." Reiterating throughout the hearing that the ruling was strictly his own opinion, Reed later said, "It is not a matter of anything but, really, a strong belief on my part. ... If the Supreme Court tells me I'm wrong, I'm wrong."
Dimas, 26, who was indicted by a grand jury Sept. 6 in the death of Crystal Gayle Homister, 22, of Elkhart, walked into the courtroom smiling and humming. Homister's remains were found in April 2000 in a wooded area off CR 1050N on the east side of Lake Wawasee.
Officials determined Homister died as a result of blunt force trauma to the head. Her body also was burned, most likely at the location where it was found, authorities said. She was reported as missing to Elkhart County police Jan. 7, 2000, after family members became concerned. Thirteen family members of the deceased mother of three attended Thursday's hearing.
Dimas was in the Noble County Jail on an intimidation charge related to this case at the time of the grand jury indictment in which three counts were handed down. Dimas is charged with murder; assisting a criminal, a Class A misdemeanor; and abuse of a corpse, a Class D felony. He has remained in custody on charges in both Noble and Kosciusko counties since that time.
The four-day trial in the case was set by the court on Feb. 9 to take place beginning Sept. 4.
R. Steven Hearn, the court-appointed attorney for Dimas, argued before Reed Thursday that his client must be released on his own recognizance based upon Criminal Rule 4. He said Dimas was granted release on Criminal Rule 4 in the Noble County intimidation case on May 15 but he remains in jail on the Kosciusko County case.
However, Reed said the Indiana Constitution in Article I, Section 17, notes that offenses other than murder or treason shall not be bailable when proof is evident or presumption is strong that the offense occurred.
"Permitting (Dimas) out on what is 'better than bail' violates the state constitution," Reed said, adding that the burden is on the defense at this point to show that the presumption is not strong. No such evidence was presented by Hearn.
In citing Supreme Court rulings in similar cases, Hearn said the defendants were released from jail. Reed said that despite those rulings - two on murder and one on a Class A felony drug charge - he believes the Indiana Supreme Court violated the state constitution in regard to Criminal Rule 4.
Reed also denied a motion by Hearn that bail be set and for the court to ask the state to come forward with all of its witnesses.
Dimas has a bond of $500,000 set in this case, but Kosciusko County Prosecutor Charles Waggoner said he doesn't believe Reed would allow Dimas to be released even if he attempted to post bond. The bond in the Noble County case was set at $1 million.
Waggoner said that even if the ruling gets an expedited appeal, the case will likely have gone to trial here by the time the Supreme Court reviews the case. And, even if the local court is held in violation of the Supreme Court ruling, it would not vacate any conviction that may be rendered in the case. "It should not affect the outcome of the trial," Waggoner said.
