COLUMBUS, GA (WTVM) - A convicted child molester who has been a free man for the past nine years is now in jail.
Melvin Moseley, 70, has been married for 44 years. He served in the military for 26 years. And he should have been in prison for 15 years, but because of a breakdown in the judicial system, he has been walking free for nearly the past decade.
"It got misfiled somewhere so the case got lost in the system. It re-surfaced in 2006 and got lost again. In 2010 it started coming up regularly so this wasn't a surprise. For 18 months it's been coming up," explained Mark Shelnutt, Moseley's attorney.
In 2002 Melvin Moseley was charged with rape, aggravated child molestation and enticing a child for indecent purposes. In 2003 Moseley plead guilty to a lesser charge of child molestation and was sentenced to 15 years in prison.
Shelnutt told News Leader Nine, "I didn't ever believe incarceration was the right thing based on the facts and circumstances."
But Judge Pullen asked for a post sentence investigation to see if that sentence should be reduced.
"I was asking for closely monitored probation, counseling, and a condition to stay away from the parties involved," said Shelnutt.
Then Moseley's case fell off the radar.
On Tuesday Judge Allen heard the motion from the District Attorney's Office for Melvin Moseley to surrender and be put in jail.
Moseley's attorney added, "I told him that was certainly a possibility and I'm disappointed, but I understand, I don't have anything negative to say about Judge Allen's standing. I get why he feels like he should do that."
Moseley will sit in the Muscogee County Jail while his attorney prepares for his official sentencing in two weeks.