A District Court judge reversed his decision to throw out an online solicitation of a minor indictment last week, rescinding the order Wednesday.
Judge Kelly Case, of the 9th state District Court, on Oct. 29 granted a defense motion to quash the indictment against Massingill due to “a lack of specificity” in the charging document.
Case sided with the defense attorneys’ position that the Montgomery County District Attorney’s Office could not use two definitions of the term “minor” in its Sept. 9 indictment against Massingill.
Lead prosecutor Cindy Pulcher argued the jury should have the option of considering both definitions – that Massingill either allegedly solicited someone who represented themselves to be a minor, or someone he believed to be a minor.
The judge nixed the order to quash the indictment a week later.
“After further consideration and review, it is the court’s order that the Order Quashing the Indictment in this cause be rescinded, and the indictment be reinstated as originally filed,” Case wrote in his decision.
Massingill was implicated May 9 in an undercover operation by the Internet Crimes Against Children Task Force, which includes investigators from law enforcement agencies countywide.
Precinct 4 Constable’s Office Investigator Cory Arnold, who is listed as the child in the indictment, placed a Craig’s List ad stipulating he was an adult woman seeking casual sex with a man.
Arnold testified to receiving at least 100 responses, but that 95 percent disengaged after he claimed to be a 15-year-old girl.
Massingill is alleged to have responded in a graphic sexual nature, agreeable to the risk of meeting up with a minor for sex.
But Garcia in a defense motion to suppress evidence argues the investigator used the advertising website without a license by lying about identity and intentions in the advertisement.
Case has yet to rule on the motion to suppress, saying last week that he would do additional research.
