Attorneys Mark Nicholson and Deidra Haynes Get Case Dismissed!

Updated: June 19, 2023

IN LAFAYETTE — The media frenzy around Kristine Barnett's criminal neglect of a dependent began in September 2019 and culminated on Friday with a short motion to dismiss.

The State of Indiana, represented by Prosecuting Attorney Patrick K. Harrington, "respectfully moves to dismiss all counts herein as the State believes there would be insufficient evidence at trial to prove the charges in this case beyond a reasonable doubt."

The case was dismissed by order signed on Friday morning by Tippecanoe Superior 2 Judge Steve Meyer.

A Ukrainian orphan with severe dwarfism named Natalia was adopted by Kristine Barnett and her ex-husband, Michael.

Natalia's birth certificate said that she was born in 2003, but according to the Barnetts, she was actually an adult. Natalia's birth year was changed by court Order from 2003 to 1989, making her an adult in all respects.

Then, in July 2013, Natalia rented an apartment in Lafayette. The Barnetts and their biological sons subsequently relocated to Canada after Natalia moved into an apartment.

The prosecutors completed their investigation in September 2019 and charged the Barnetts with neglect of a dependent. Later, more neglect allegations were brought up by the prosecution, increasing the total to eight.

Attorneys Mark Nicholson from the Law Office of Mark Nicholson, and Deidra Haynes from the Law Office of Deidra Haynes, argued that all of the charges should be dismissed. The trial court granted their motion, in part. Due to the passing of the statute of limitations, four of those charges were dropped by the trial court. The State of Indiana appealed and lost. Then the State asked the Supreme Court to hear the case. The Supreme Court refused and let the Court of Appeals opinion stand. Appellate attorney Victoria Casanova helped lead the appeal victory for Kristine Barnett.

However, the prosecutors could pursue the other four charges, if the neglect allegations were based on Natalia's disability, not her age since the Marion County Superior Court legally changed her age.

Attorney Mark Nicholson said, "Our client should never have been charged. But we are happy that the case was finally dismissed!"

The trial for Kristine Barnett was set to begin on April 10, 2023. However, the trial date now is canceled.