More than three-and-one-half years after being arrested for molesting his step-daughter, Willie Moore was indicted on charges of statutory rape,1 aggravated child molestation,2 and child molestation.3 When Moore moved to dismiss the charges on the ground that he had been denied his constitutional right to a speedy trial, the trial court denied the motion, finding that he had delayed and then withdrawn his demand for a speedy trial, and that he had not shown specific evidence that the delay had actually prejudiced his defense. Moore directly appeals this ruling,4 claiming that the State’s loss of key medical and investigatory files required a finding of prejudice resulting from the delay. We affirm on the grounds that some evidence supported the trial court’s finding of no prejudice and that therefore the court did not abuse its discretion in denying the motion. The key facts are stipulated. On April 19, 2004, Moore was arrested on the charge that he had molested his step-daughter; within ten days, he was appointed counsel. He was able to post bond within a month of the arrest. From thence until October 2007, the matter lingered with the police and the district attorney’s offices; no indictment was obtained until November 29, 2007 more than 43 months after the arrest, which included charges of statutory rape, aggravated child molestation, and child molestation. During the 43-month delay, the State lost two key files: the CID file containing the medical examinations and medical reports concerning the child victim, which included the results of the examination of the child’s vaginal area and hymen; and the main investigative report and all case notes created by the law enforcement agency investigating the case. No one could identify the physician who performed the medical examination nor the facility at which the examination took place.
On January 7, 2008, Moore was arraigned and pled not guilty. On January 15, Moore filed a plea in bar, moving to dismiss the case on the ground that his constitutional right to a speedy trial had been violated. Simultaneously, he filed a special demurrer arguing that the indictment was defective in that it alleged only a range of dates for the criminal acts and a demand for a speedy trial; however, he withdrew the speedy-trial demand less than a month later on February 12. In April 2008, the court conducted an evidentiary hearing on the plea in bar, at which Moore’s wife testified and at which the parties stipulated to the key facts. In June 2008, the court entered an order making relevant findings of fact and denying the plea in bar; in that same order, the court also denied the special demurrer on the ground that it was untimely having been filed after arraignment. Moore appeals.
