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Court Trials Set For Mitchell County District Court

Motion Day was held in the Mitchell County District Court on Wednesday, October 6, 2010 with Judge Kim Cudney presiding. Court Trials are set for Whitney and Cassandra Haigh, both residents of Beloit. The two defendants both pled "not guilty" to the drug charges Mitchell County Attorney Mark Noah is bringing against them.

In the Case of Cassandra Haigh represented by Attorney Nels P. Noel with Attorney Mark Noah representing the State of Kansas. Haigh appeared for arraignment on 9 Counts of drug related charges. She pled not guilty and bonded out. Her attorney will file a pre-trial motion before January 18, 2011 and Judge Cudney set a 2-day trial date of February 15-16, 2011.

In the case of Whitney Haigh who is presently incarcerated in the County Jail and appeared for arraignment. Haigh is charged with three counts possession of drug paraphernalia, and two counts for not having a drug tax stamp. The State filed a motion to revoke bond. Haigh pled not guilty to the five charges against her and Attorney Noel called for a two-day trial with 28 jurors. The Judge set the trial dates for December 13 and 14, 2010 and November 29, at 9:30 a.m. for a pretrial motion hearing.

Attorney Nels Noel charged that the drug tests done on Whitney Haigh on September 16, 2010, were not administered in a legal manner and that Haigh should not have been placed in the county jail. Attorney Noah called Randy Sorell, Surveillance Officer for the 12th Judicial District and Wanda Baxtrum, Chief Court Officer for the State Correction Department to the stand to testify that the drug tests were legal and the tests showed positive. After discussion by both sides the judge ordered a second drug test taken at a later date and also tested positive and is still available at the Mitchell County Jail to be sent to the State Drug Laboratory to be retested. If this test remains positive Haigh will remain in Jail until her trial. If it shows negative she will be released until the time of her trial in December.

In the case of the State of Kansas, represented by Scott M. Schultz of the Kansas Attorney General's Office VS Gary B. Hogan, a resident of the State of Kentucky, represented by Attorney Kathleen Ambrosio. Hogan appeared before the judge today for sentencing. He is charged with two counts of security fraud that took place in 2007-2008. Hogan was charged with getting Carl Winkel of Glen Elder to invest $15,000 in an oil well project and getting Winkel to make a second investment of $30,000 at a later date.

Hogan made a plea agreement during his August 17, arraignment and wrote a check to cover the amount of the larger investment with a $15,000 bond set that will be used as part of his restitution payment. Since he has made restitution to cover the investment made, the Judge did not impose the 30-day jail sentence and gave him credit for 19 days jail time. The Judge said Hogan has done everything he is supposed to do in this case, is gainfully employed, and is receiving counseling and medical therapy to deal with this problem. He is not to have any contact with the victim or his family or sell any securities during the time he is serving his probation.

In the case of the State of Kansas, represented by Paul Gregory, Special Prosecutor from the Kansas Attorney General's Office VS Joel Wagoner, who appeared for sentencing, represented by Attorney Joseph A. Allen.

Wagoner came before the Judge during the September Motion Day proceedings to be arraigned on charges having to do with when he was stopped by an officer of the Mitchell County Sheriff's Department on March 20, after he was seen weaving all over the road. He was arrested on Count 1 for possession of drugs on a level 4-drug felony charge and Count 3 for obstructing a legal process, a level 9 non-person felony. He had a prior criminal history of the use of drugs. Wagoner tendered a plea of guilty on both counts.

The Judge released the defendant under the terms of his existing Bond and pronounced a sentencing date yesterday on October 6, 2010 for Wagoner to appear for sentencing. The Judge told Wagoner if he could pass a drug test that day he could be could return to his home in Osborne until he came in for sentencing yesterday.

On that September date, Wagoner was escorted to a room where a UA was collected. While the test was being done the defendant noticed he wasn't being watched and walked down the courthouse stairs to the basement level where he ran out the door to his car. When his absence was noticed a search began to find the defendant. He had gone to a liquor store in Cawker City before heading back to Osborne County. Mitchell County Sheriff's Officers apprehended him there and returned him to the Mitchell County Jail.

The Judge gave Wagoner a mandatory 11 months with the Department of Corrections for possession of illegal substance, a level 4-drug charge, and 6 months in the Department of Corrections Count 3 for obstructing a legal process, a level 9 non-person felony. He was allowed probation under the supervision of a Court Service officer and was given credit for 29 days of jail time served following his run from the court.

The Judge approved the following charges on Wagner: a $300 drug-testing fee, a jail assessment fee was reduced to $175 since he has a $400 charge to pay the Kansas Bureau of Investigation. The Judge admonished Wagoner that he will be sent to prison if he does not comply with the rules during his probation period.

In the case of the State of Kansas, represented by County Attorney Mark J. Noah VS Joshua W. Melton represented by Starla Borg Nelson. Melton appeared today for sentencing on Count 1, a Level 7 non-person felony burglary charge and Count 2, for theft, a non-person Class A Misdemeanor. For Count 1 he received 24 months with the Department of Corrections and 12 months post release time. Count 3 was for a misdemeanor charge for criminal damage of property with six-months in the county jail concurrent with Counts 1 and 2. Melton was granted probation on the provision that he seeks gainful employment and pays all jail fees and was free to leave on 24 months probation.

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Beloit, KS 67420, USA