Testimony resumes in Iowa City's 'failure to report' trial

The Iowa City Police Department is still investigating the allegations of sexual abuse on a 3-year-old girl that are at the center of the state's first trial of a mandatory reporter accused of failing to report.

But, investigator Kevin Bailey testified Wednesday, the teacher at the Iowa City-based Broadway Neighborhood Center who the toddler named as the perpetrator is not a suspect.

“I felt confident it was not (the teacher),” Bailey said. “(The teacher) is no longer a suspect in this case. I can't say that about other people.

“The sexual abuse investigation regarding (the child) is still open,” he told the six jurors and one alternate chosen to hear Susan Freeman-Murdah's failure to report trial this week in Johnson County.

Bailey indicated that another person who works at the center occasionally and has the same first name as the teacher initially identified as a suspect is one person still under investigation. That person is in Ireland, however, and Bailey said police are waiting until she returns to question her.

Freeman-Murdah was arrested Feb. 1 on a count of failure to report after police said staff members at her center came to her in December with reports that a mother believed one of the teachers there had sexually abused her 3-year-old daughter.

The mother then talked directly to Freeman-Murdah about the allegations, including one accusing a teacher of showing her daughter how to kiss “passionately.”

Freeman-Murdah is accused of looking into the allegation herself and not contacting the state.

During a January interview between Freeman-Murdah and  Bailey, Freeman-Murdah called the teacher originally suspected in the case “amazing” and indicated she has no concerns about her interaction with children.

Freeman-Murdah – during the police interview that was recorded without her knowledge and played for jurors Wednesday – questioned the mother's report.

“I didn't want to say to mom, ‘What do you mean by passionate?'” Murdah-Freeman said in the interview. “‘I don't know how to judge her perception.'”

Freeman-Murdah told Bailey she wanted to ask the mother who else the child had been around who could have had this type of influence.

Upon cross-examination, Freeman-Murdah's defense attorney Leon Spies accused Bailey of being on a mission to “get” his client. He accused Bailey of telling County Attorney Janet Lyness that he didn't like Freeman-Murdah.

“And you said this would be a press nightmare, because she is so well-liked by the poor black community, blah, blah, blah,” Spies said, pressing Bailey on what he meant by “blah, blah, blah.”

Bailey said he regretting using those words, explaining that was just a conversation between professionals. He said he believes that he and Freeman-Murdah have the same goal – to keep children safe – but they have different philosophies of how to do it.

When asked why Bailey charged Freeman-Murdah and not another teacher at the center who knew of the allegation, Bailey told a judge – after jurors were asked to leave the room – that the teacher told police he thought Freeman-Murdah was going to report it.

“That was the only reason he wasn't charged,” Bailey said. “I had the charge written out and was prepared to apply for an arrest warrant.”

A judge ruled that information inadmissible at trial because it was related to a separate charge and wasn't directly related to Freeman-Murdah's case.

The prosecution rested its case Wednesday afternoon, and the defense is expected to call seven witnesses, including Freeman-Murdah.

Defense attorney Spies called his first witness Wednesday – the teacher the child named as the perpetrator. That woman said she was shocked and angered by the allegation.

When questioned about whether Freeman-Murdah asked her if she committed the alleged abuse, the woman said, “No.”

“She didn't ask me if I kissed (the child). She knew I didn't do it,” the woman testified. “I straight out said I didn't do it.”

State officials are watching the case closely because they believe it's Iowa's first arrest of a mandatory reporter accused of failing to report. If convicted, Freeman-Murdah could face a sentence of up to 30 days in jail and a $625 fine.

Attorneys are expected to give their closing remarks and turn the case over to the six jurors on Thursday afternoon or Friday morning.