A two-year-old child molesting case was dismissed this week.
Austin James Hertenstein, 26, of Franklin, was arrested April 22, 2019 on a child molesting charge, after a child younger than 14 years old said he touched her inappropriately, according to a probable cause affidavit.
The case was dismissed after the victim’s family said they did not want the child to have to testify in court, fearing it would reverse her healing, said Joe Villanueva, Johnson County prosecutor.
Without her testimony, evidence would not be strong enough to get a conviction, Villanueva said.
The prosecutor’s office attempted to resolve the case in a plea for a lesser, alternative charge that would still place Hertenstein on the sex offender registry. However, negotiations with the defense broke down, he said.
The only other option would be a charge that wouldn’t put Hertenstein on the sex offender registry or carry any significant penalty, Villanueva said.
The order requesting the case be dismissed said it was “in the best interest of justice,” court documents show.
The case was dismissed without prejudice, making it is possible for the victim’s family to refile the case in the next two years, Villanueva said.
Hertenstein has been out of jail since May 13, 2019, when he was released on $1,200 cash bond, according to online court records.
