Special prosecutor granted in case involving allegations of misconduct

SOUTH BEND, Ind. - A special prosecutor will now handle a South Bend murder case involving allegations of misconduct.

Jermaine Munn is attempting to overturn his 130-year prison sentence for the murder of Jarina Bailey, in a petition for post-conviction relief. Munn’s attorneys have claimed the St. Joseph County Prosecutor's Office and former County Metro Homicide Unit ran a scheme to feed information to jailhouse informants who would then lie on the stand as witnesses to secure murder convictions.

In a March evidentiary hearing, Munn's attorneys argued Prosecutor Cotter needed to be taken off the case due to a conflict of interest. They claimed, if the conspiracy allegations were true, Cotter would be involved either directly or indirectly.

But that was not the reason Judge David Francisco appointed the special prosecutor. In his order, Judge Francisco explicitly said that argument wasn't persuasive.

"What the court does find persuasive is ensuring the public’s trust in the integrity of the judicial system... the court concludes that the appointment of a special prosecutor is necessary to ensure the public’s confidence in that answer,” Francisco wrote. 

A status conference in the case is scheduled for June 18. Then a bench trial on Munn’s petition is expected to begin before the end of the year. 

ABC57 reached out to the St. Joseph County Prosecutor's Office for comment and have yet to hear back.