Tippecanoe County prosecutors now face an uphill challenged to follow through on neglect of a dependent charges against Michael Barnett and his ex-wife, Kristine Barnett.
The Indiana Supreme Court let stand an Appeals Court ruling last week, affirming that the charges must be dismissed against the Barnetts if the allegations rely on the age of the daughter they adopted, Natalia, as the basis for the charges.
That’s because a Marion County court changed Natalia’s birth year after the Barnetts’ petition for the change in 2012.
Changing Natalia’s birth year makes her — in the eyes of the courts and for purposes of prosecution — an adult when prosecutors accused the Barnetts of neglecting a child.
This is the same legal conclusion reached by Tippecanoe Superior 2 Judge Steve Meyer in his rulings in August 2020. Additionally, Meyer ruled that allegations that happened before 2014 must be dismissed because the statute of limitations expired before charges were filed.
The Appeals Court affirmed both of Meyer’s rulings in August 2021, but prosecutors requested the Attorney General’s Office petition the Supreme Court, which it did; the Supreme Court reached a decision Jan. 6 not to take the case.
Reached for comment about the Indiana Supreme Court’s refusal to intervene, Tippecanoe County Prosecutor Patrick Harrington had no comment based on the gag order and ethical standards that bar him from commenting on an active case.
The Journal & Courier also reached out to Michael Barnett’s attorney, Terrance Kinnard, for comment. He did not respond before deadline.
The Barnetts adopted Natalia, a Ukrainian orphan with severe dwarfism, in 2010. Her Ukrainian records indicated that Natalia was born in September 2003, but the Barnetts told news outlets that they believed her to be much older.
Kristine and Michael Barnett both said Natalia had pubic hair and menstrual cycles when they adopted her, which led them to believe she was not 7 or 8 years old.
They also accused Natalia of trying to harm them and threatening to kill them and their biological children.
In June 2012, the Barnetts petitioned for a Marion County court to alter Natalia’s Ukrainian birth records, changing her birth year from 2003 to 1989. The court held hearings without giving Natalia the benefit of being represented by counsel, and it changed her birthyear, making her 22 — almost 23 — instead of 8 going on 9, according to court documents.
After re-aging Natalia, the Barnetts set her up with federal assistance, then later moved her into a Lafayette apartment, according to court documents.
After moving Natalia to Lafayette, the family moved to Canada with their biological sons, the oldest of whom was a prodigy and starting college in Canada at 15, according to previous reports.
Since Natalia is considered an adult, none of the allegations against the Barnetts can be considered child neglect.
Prosecutors, however, may pursue the charges of neglect of a dependent if the dependency is based upon Natalia’s severe dwarfism, according to Meyer and the Appeals Court’s rulings.
More:Neglect charges based on Natalia Grace Barnett’s age dismissed against mom accused of abandoning her in Lafayette
More:Neglect charges dismissed against Michael Barnett, judge rules adopted daughter Natalia legally an adult
Prosecutors filed charges against the Barnetts on Sept. 11, 2019, and the case spawned news reports from outlets across the country and in Europe.
Michael Barnett made several appearances on national television talk shows, and Kristine Barnett appeared on two shows.
Six weeks after the case was filed, the media coverage became so intense that Meyer issued a gag order barring any of the defendants, the prosecutors, the attorneys and Natalia from speaking about the case.
More:Judge issues gag order, bars Michael and Kristine Barnett from telling about daughter
Natalia appeared on Dr. Phil after the gag order was issued, but the show was pre-recorded before the order was published.
A check of online court dockets indicate that no motions have been filed by either defendants or the prosecutors, and there presently are no hearings scheduled on the Barnetts’ cases.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
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