Judge considering motion to dismiss in mandatory reporter trial

IOWA CITY - The judge hearing the case of a mandatory reporter accused of failing to report allegations of sexual abuse is considering a motion to acquit the defendant.

Defense attorney Leon Spies argued after the jury was dismissed Thursday that the Johnson County Attorney's Office has presented “no evidence” that his client, Susan Freeman-Murdah, reasonably believed an allegation of sexual abuse involving her staff at the Iowa City-based Broadway Neighborhood Center.

“It would be inappropriate to submit this matter to the jury,” Spies said.

The County Attorney's Office filed a charge of failure to report against Freeman-Murdah, director of the neighborhood center and a mandatory reporter under state law, after police said she didn't contact the Iowa Department of Human Services about a mother's contention that a teacher at the center taught her 3-year-old daughter how to kiss “passionately.”

Prosecutors allege Freeman-Murdah failed to report on Dec. 12, after she met with teachers and the mother who made the complaint. But, Spies said, there has been no debate about the fact that, on Dec. 12, everyone thought the issue had been resolved, and the mother said she would bring her daughter back to the center.

“The matter was done,” Spies said.

He also addressed the prosecution's assertions that perhaps the child was abused by someone else. Spies said the jury is bound to consider the allegations in the original complaint that accuse Freeman-Murdah of failing to report allegations against the specific teacher at the neighborhood center.

“To allow the government to argue to the jury that some unknown person committed sexual abuse... would be a fatal variance,” he said. “We are held to the theory and the original complaint.”

Assistant County Attorney Meredith Rich-Chappell argued that if the court views the statute the way Spies suggests, it would “gut” the mandatory reporter law and make it nearly impossible to charge.

“The argument would be, no matter what evidence you heard, that I didn't reasonably believe it,” Rich-Chappell said. “That makes the statute virtually impossible to violate.”

In order to give the statute real meaning, Rich-Chappell said, the court must consider “what reasonable care an ordinary cautious person would take.”

“The evidence in this case would indicate that a reasonable cautious person would have made the conclusion that there was possible child abuse, and this needs to be reported to DHS for further investigation,” Rich-Chappell said.

Judge Gerard appeared to agree with Spies' arguments.

“The law is what it is,” he said, stressing that it charges a mandatory reporter to make a report based upon a reasonable belief.

“It's unfortunate that the legislature chose those words,” Gerard said. “I don't know why they chose them. It might be that the statute is fatally flawed in itself.”

Gerard said he would consider the motion to acquit overnight and rule in the morning.

“Certainly this is a significant issue in this case,” he said.

Earlier in the day, Freeman-Murdah took the stand and testified that she didn't contact the Iowa Department of Human Services about the allegation because “I never believed it.”

“There was no child abuse,” Freeman-Murdah told the six jurors and one alternate hearing her case. “I did not report it because I did not believe it.”

“I am not guilty of that charge,” Freeman-Murdah said.

When pressed by Rich-Chappell, Freeman-Murdah said the child's reports to her mother that she learned to kiss from the teacher, felt sore in her private area and came home with her underwear inside out could be considered signs of sexual abuse.

And, when asked if perpetrators of sexual abuse can sometimes be unexpected people, Freeman-Murdah said, “Yes, sometimes.” Still, she insisted, she knew from the start that no abuse occurred.

“I wasn't worried about it,” Freeman-Murdah said.