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Heavy Criminal Docket For District Court Wednesday

The honorable Kim Cudney, Chief Judge of the 12th Judicial District Court, presided over a full criminal docket at the Mitchell County Courthouse Courtroom on Wednesday afternoon.

Brian Post, who was arrested in the Operation High North Drug bust that took place north of Beloit, recently appeared before Judge Cudney on 28 counts of drug felony related charges. The State of Kansas was represented by Mitchell County Attorney, Mark Noah, with Julie Effenbeck representing Mr. Post.

The defendant pled "not guilty" to all 28 charges and requested a Jury Trial. Among other drug offences Post is charged with selling and distributing illegal substances. He was carrying a gun at the time of his arrest. Due to the seriousness of his crime Post is held under a 100 thousand dollar bond.

The Judge set a two day Jury Trial to take place on August 30 and 31. Sixty potential jurors will be summoned with a panel of 28 people selected to serve on the final Jury. The case will be placed on the July 9, docket for arraignment and heard on July 19, at 1 p.m.

The defendant asked to be released from custody in order to see to a family matter. Attorney Noah told the Judge due to the serious charges against Post he opposed this action in the interest of community safety. Attorney Noah said this is a presumptive prison issue and Post should not be released from custody. The Judge did not grant this request. Post was returned to the Mitchell County Jail where he will be held until his trial.

Carmen L. Conner came before the Judge for Arraignment. She was represented by Joseph Allen with County Attorney Mark Noah representing the State of Kansas. Attorney Noah told the Judge on May 4, 2012, Conner and her husband, Aaron Ballew were arrested on Highway 24 and Asherville Road as they were returning from a trip to Topeka to purchase drugs.

Conner was charged with a Count 2 possession of marijuana a Level 4 felony offence. She has one previous offence. The distribution charges against her were dismissed. Conner entered a plea of guilty/no contest. The Judge dismissed the remaining charges against her with prejudice and ordered a Pre-sentencing investigation. She had been held in custody but the Judge announced she was free to leave on the conditions of her bond. She will return for arraignment at the July 6 Motion Day.

Aaron Ballew appeared for Arraignment represented by Chantz Martin in the absence of his Attorney James M. Johnson. Attorney Mark J. Noah represented the State of Kansas. On May 4, 2012, Ballew and his wife were arrested on Highway 24 and Asherville Road as they were returning from a trip to Topeka to purchase drugs.

Ballew entered into plea negotiations on the Count 1 level 3 charges on possession of marijuana, a felony drug charge. He pled "no contest" to these charges. On April 21, 2012, Ballew attempted a controlled sale of drugs at 815 North 2nd Avenue in Beloit. Local officers were informed of the situation and monitored the sale. Ballew will return to court for pre-sentencing at 1 p.m. on July 6.

The remaining counts were dismissed with prejudice and he signed a waiver to his court appearance. An agreement was reached but the Judge informed Ballew that before he can leave the State of Kansas he has to meet with the Court Probation Officer. He will then be free to leave under the conditions of his bond. He will be going to Jefferson City, Missouri to live with his wife's father until an apartment is found.

Maurice Allen, represented by Julie Effenbeck, appeared for Arraignment. Attorney Mark J. Noah represented the State of Kansas. On May 15, 2012, Allen attempted a burglary at 222 West 3rd in Beloit. He was wearing a ski black ski mask and was observed by witnesses entering an upstairs window at the residence. After detection Allen attempted to escape through the window and was seen by the same witness on the roof of the home. A handgun that had been reported stolen was found in his residence when police apprehended him. According to Attorney Noah this arrest will solve four prior burglaries' that took place in that some area during that time period.

Allan was charged with a Count 2 Class A Misdemeanor for theft, a Count 10 Level 5 charge for aggravated burglary and Count 11 a Class A Misdemeanor Burglary charge. The rest of the charges were dismissed with prejudice. Allen entered a "no contest" plea. He is to appear in court on July 6, at 1 p.m. for sentencing. He was remanded to the custody of the Mitchell County Sheriff's Department until sentencing.

Eli Clemente-Gonzales, represented by Paul Hickman appeared for Arraignment. Hector Solor, a local court appointed interpreter was present to assist Gonzales with language problems as needed. The authorities are in the process of negotiating a settlement for Gonzales. This case was continued to the July 6 Motion Day docket. The defendant was remanded into the custody of the Mitchell County Sheriff's Department.

Brian Moody appeared before the Judge for sentencing. On May 4, 2012 Moody entered a residence. He was found guilty of a Class A, Level 9 burglary charge. He has two prior convictions and is a convicted felon. He was sentenced to 7 months under supervision of the Court Probation officer and 12 months post relief probation. He was given 78 days credit for time served. Judge Cudney advised Moody he was free to leave today but if he violates the terms of his release he can be sent to prison. He is to pay restitution to the victim in the amount of $662.

James Smith, represented by Julie Effenbeck was earlier convicted of forgery. Smith left the state without paying the charges as set by Judge Cudney. A warrant was issued for his arrest. Attorney Mark Noah found Smith in Nebraska and arranged for him to be returned to Beloit. In court today Noah withdrew his motion to revoke the warrant on Smith as recommended by the Court Probation Officer. Smith has paid all charges and his community service hours have been withdrawn. The Judge announced he was free to go.

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Beloit, KS 67420, USA