Convicted pedophile says he shouldn't face child molesting trial

A Marion Superior Court judge has rejected a former day care worker's attempt to have his molestation case dismissed because he had already been convicted of sexually exploiting the 4-year-old girl.

Ali Al-Awadi, 23, was sentenced last year to 27 years in federal prison for taking explicit photos of the girl at Children's Choice Learning Center at St. Vincent Indianapolis Hospital. The Indianapolis man, who had worked at the north-side day care, was convicted in 2016 of three counts of sexual exploitation of a child and one count of attempted sexual exploitation of a child, according to court records.

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He still faces a felony count of child molesting in Marion Superior Court.

Attorney Ross Thomas filed a motion last month to dismiss the molestation case. He argued the two criminal cases were relying on "proof of the same offense" and it would be double jeopardy if Al-Awadi were prosecuted in the state's case.

In court Thursday, Thomas argued the explicit photographs — which he described as "close up," "at strange angles" and "mostly clothed" — wouldn't have been automatically deemed child pornography. Federal prosecutors, he said, had to use the alleged molestation to prove the photos had a "lascivious purpose."

"There is one incident, one situation," Thomas said, "not multiple situations."

The Marion County prosecutor's office disagreed. Deputy Prosecuting Attorney Melissa Arvin contended the case would not violate double jeopardy law because "the conduct of the Defendant producing child pornography is wholly different from the conduct of child molesting."

On Thursday, Judge Grant Hawkins agreed with Arvin and denied the motion to dismiss. He noted that none of the photographs showed Al-Awadi penetrating the girl with his finger, which is the allegation contained in the molestation case.

In 2014, the 4-year-old girl told caregivers at her day care that "Mr. Ali" had put his finger inside her during nap time. Those caregivers didn't report the girl's accusation to authorities until nearly 20 hours later, according to court records. Al-Awadi was allowed to continue caring for children for at least three hours after the girl reported it.

Children's Choice Learning Center closed in 2015.

While investigating the molestation allegations, the Indianapolis Metropolitan Police Department found photos of a female child's bare genitals on Al-Awadi's phone.

​Al-Awadi initially had denied touching the girl. He claimed the girl had "pinched her vagina on my watch" when he tried to lay her down for a nap, according to police records.

In addition to the 27-year prison term, U.S. District Judge Tanya Walton Pratt sentenced Al-Awadi to 15 years of supervised release and ordered him to pay $9,000 in restitution, register as a sex offender and undergo treatment for sexual disorders "due to his sexual attraction to children."

In a statement to the judge, Al-Awadi said he is a "God-fearing young man" and that the circumstances of the case don't reflect who he is. He filed an appeal in the federal case.

His next court hearing in the molestation case is scheduled for 9 a.m. Aug. 2.

Call IndyStar reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.

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If you suspect a child has been or is being abused, contact your local police department immediately or call the Indiana Child Abuse Hotline at (800) 800-5556.