COMMONWEALTH OF KENTUCKY MCCRACKEN DISTRICT COURT CASE NO. 19-M-00282 COMMONWEALTH OF KENTUCKY PLAINTIFF vs. AGREED ORDER OF DISMISSAL WITH PREJUDICE WILLIAM MICHAEL CEGLINSKI DEFENDANT By agreement of the Commonwealth and counsel for the Defendant, and based on ‘the representations of fact and law proffered by the Commonwealth and counsel for the Defendant deliniated in this Order, itis the desire of the Commonwealth and counsel for the Defendant that the sole remaining charge of Failure to Report Child Abuse be dismissed with prejudice. In support thereof, the Commonwealth and Defendant hereby state as follows: 1. The undersigned county attorney was not involved in the initial investigation or prosecution decisfon related to the charge. Upon separation from employment ofthe evaluating prosecutor, the county attorney conducted a detailed and thorough analysis of the evidentiary facts and legal standards at issue and at this time became concemed that the evidentiary facts did not meet the necessary elements of the offense. 2, The present charge requires proof beyond a reasonable doubt that Defendant knew or had reasonable cause to believe that a child had been sexually abused and in having that knowledge or belief, the Defendant intentionally failed to report the same.3. The present charge is part of the Kentucky Unified Juvenile Code and is Tequired to be applied in keeping with the definitions set forth in said code and as set forth {n case law interpreting the application of the mandatory reporting statute. 4 Under the Juvenile Code, and in the specific context of this case, the following terms have the following meanings: * Sexual abuse - any contacts or interactions in which a person in a position of authority or special trust, uses the child for the purposes of the sexual stimulation of the perpetrator. * Knows - the actual knowledge that sexual abuse has occurred by actually observing the act. (defined by Richie v. Turner, 559 S.W.3d 822 (Ky. 2018)). * Reasonable cause to believe - when one does not have actual knowledge of an act of sexual abuse by observing it, but rather, makes the objectively reasonable determination that sexual abuse occurred by investigating into the facts surrounding the allegation brought to his attention, weighing the credibility of witnesses, and then using judgment and experience in reaching the conclusion that facts found give rise to a reasonable belief that the alleged sexual abuse occurred. (defined by Richie v. Turner, 559 S.W.3d 822 (Ky. 2018)). 5. __ Review of the recorded and transcribed law enforcement interview with the child revealed that he told Defendant that Parks was too touchy and sent way to many text messages to the child and this made him uncomfortable and that he was quitting the bass team for that reason. The child stated he wanted to set a follow up appointment with his mother present. This information alone would not rise to the definition of “sexual abuse” set forth above, but would trigger the requirement that Defendant investigate the concern in order to obtain “reasonable cause to believe” some form of abuse had occurred. 6. _ Review of the evidence showed that Defendant called the child’s mother the next day, discussed the concern, and advised he would investigate into it.7. The evidence showed that further investigation stalled and was recommenced when the child's mother contacted Defendant via email for an update 11 school days later. 8 The evidence showed that Defendant spoke to Parks about the matter and Parks claimed it was all a misunderstanding and gave his sanitized version of the facts, 9. The evidence showed that Defendant contacted the child’s mother and they agreed to seta time for she, Defendant and Parks to meet and discuss the matter. 10. The evidence showed that prior to scheduling this meeting, the child showed hhis mother text messages from Parks that she found very inappropriate and she told Defendant what she had seen and that he needed to see them as well. Again, they agreed to seta time to mect and discuss the matter and these text messages. 11. The evidence showed that on the date above referenced, Defendant sent for the child to come to his office to review the text messages but the child was not at school and did not return thereafter. These text messages were never reviewed by Defendant. 12, The evidence showed that the next day, the child and his mother went to the Sheriffs Office to report Parks’ conduct. The child’s mother stated that she was aware that Defendant was investigating the matter but she no longer wanted to participate in the investigation and wanted to report the matter to law enforcement herself, 13. The evidence showed that during this report to the Sheriffs Office, mention was made that the child had gone to Defendant with his concerns. It was at this time the inquiry as to whether Defendant bore any liability for failure to report originated. 14. The above evidentiary facts were presented to a prosecutor in the County Attorney's Office for evaluation. A decision to charge Defendant was made by this