thumb

Revelation that direct contact concerning a plea agreement had not yet been made with the alleged minor victim has delayed a Pleasanton man’s plea.

In Linn County District Court Aug. 17, upon questioning by Judge Terri L. Johnson, 6th Kansas Judicial District, Justin Meeks, assistant Linn County attorney, expressed “some difficulty” in making direct contact with the victim of felonies charged against Lonnie Shane Martin, 32.

Alluding to an amended complaint information filed with the court Aug. 13, defense counsel W. Scott Toth, Olathe, said Martin was prepared to plead guilty to aggravated endangering a child, a severity level 9 person felony punishable by 5-17 months with the Kansas Department of Corrections and a maximum $100,000 fine.

In return, Toth said a second count under Case 2019-CR-210, aggravated criminal sodomy of a child less than 14 years old, an off-grid felony, would be dismissed.

The amended complaint replaces the original filed Dec. 17, 2019, which listed counts of rape of a child less than 14 years old, an off-grid felony punishable by life in prison, and the aggravated criminal sodomy count.

Prior to Martin signing the plea petition to be presented to the bench, Johnson allowed Meeks opportunity for its review.

Then Johnson asked, “Has the alleged victim been notified?”

Responded Meeks, “Not yet” in characterizing the situation as “a long story.” Expressing difficulties since his January appointment in locating the victim and family, Meeks said the alleged victim is currently in Colorado’s equivalent to Kansas’ Department for Children and Families but that the victim’s father had been contacted.

“The mother is definitely aware of the hearing,” Meeks said. “It’s complicated because the mother is currently with the defendant.”

Meeks admitted that Toth was “probably not going to like my instinct to set over the case for 30 days for absolute contact with the victim.”

Toth said the alleged victim is a child in state custody and “can’t make a decision because she’s a minor.” He said the decision is “left up to the parents.”

Toth said their children have gone “from foster care to foster care.” The father, who he said has been “in and out of jail,” was advised of the plea agreement a week earlier and was supposed to return a call.

“It’s been almost a week, and we’ve not heard back,” Toth said. “He’s aware this hearing was going to take place. As an officer of the court, everything’s been done to notify the victim.”

Toth said the alleged victim’s mother “is my client’s wife. She’s aware of the agreement.”

Meeks then asked to allow an off-the-record bench consultation between the attorneys and the court. 

Returning on-the-record after 27 minutes, Johnson said the conference regarded notification to the alleged victim, as well as registration issues. She told Martin that “both need to assure the registration form is completely filled out with correct statute numbers. It causes all kinds of problems when those aren’t exactly right.”

Johnson set Martin’s next no go non-evidentiary preliminary hearing for a 2 p.m. Sept. 10 special setting after Meeks indicated a two-week set-over to correspond with a Colorado state case worker and Toth said his position was not to object to a short continuance.

Martin appeared last week for a third straight Tuesday setting.

On Aug. 3, Meek’s unavailability coupled with the case being a conflict for Burton Harding, Linn County attorney, caused a week’s postponement. 

On Aug. 10, Toth said a plea agreement was ready, but Johnson said it was “not on file.”

Asked Toth, “Would the court entertain a plea without the written documentation?”

Responded Johnson, “I won’t. You need to see the written document. That’s my standard.”

The judge suggested a Monday (Aug. 23) special setting but scheduled last week’s hearing when Toth said Martin, free on a $250,000 cash surety bond, would be on vacation then.

NEWS

SPECIAL: U.S. 69 overlay project to begin the week of July 6

thumb

  About 25 miles of U.S. 69 in Linn and Bourbon counties will receive an asphalt overlay starting the week of July 6, according to the Kansas Department of Transportation. The work will start just north of Pleasanton on the southbound lanes and move south. The... [More]

Mine Creek Amateur Radio Club holds training event at Trading Post

thumb

Mine Creek Amateur Radio Club participated in an annual training event for disaster communications on Saturday, June 28 at the rest area located at the Trading Post/Butler, Mo., exit on U.S. Highway 69. During the exercise, clubs and groups across the country participated in... [More]

Commissioners approve new rental agreement for 4-H building

thumb

During the meeting on June 29, the Linn County Commissioners reviewed and discussed the 4-H building rental contract changes. The new rental agreement specifies that the rental is for the building only and does not include access to the fairgrounds. The agreement further... [More]

More News

SPORTS

Pleasanton trapshooting competes in State tournament

thumb

The Pleasanton trapshooting team traveled to Wichita on June 19-21 to compete in the Kansas High School Trapshooting Association State tournament. The team did well as five of the top shooters combined for 460 points out of 500. To see the full article, check out this week's... [More]

It’s not experience, it’s the person

thumb

From the Bleachers-767 One of the most common debates in leadership revolves around hiring and promotion decisions. Should an organization select the individual with years of experience, or invest in someone with less experience but tremendous potential? After more than four... [More]

Red, White & Blue and Bulls bullfighting July 4

thumb

What started as a dream of having a bullfight in his backyard has mushroomed to nationwide bullfighting events for Dakota Knight, Lebo, Kan. Knight, husband of Brileigh (Ware) Knight, began the bull fighting/breeding operation in 2020, that after winning 3rd place in the Worlds... [More]

More Sports

COMMUNITY

Lorna Turley: A life of family and service

thumb

If you walk into Concern in Mound City, attend Sugar Mound Arts and Crafts events, or worship at Mound City’s United Methodist Church, chances are you’ve crossed paths with Lorna Turley. Turley wears many hats in the community, keeping herself busy through a variety... [More]

Parker Lodge No. 341 donates $800 to Operation School Supply and the Parker Library

thumb

The Kansas Masonic Foundation, a nonprofit organization dedicated to benefiting Kansas communities, has partnered with Parker Lodge No. 341 to donate $400 to each of the following community-based organizations: Operation School Supply and the Parker Library. Founded in 1891,... [More]

Labette Bank Golden Adventure Club attends Branson musical

thumb

The Labette Bank Golden Adventure Club recently traveled to Branson to attend the inspiring musical David at the Sight & Sound Theatre. Before the performance, club members enjoyed a delicious plated lunch at McFarlain’s Restaurant and spent time shopping at the Tanger... [More]

More Community

PLEASANTON WEATHER

Today's e-Edition

View Legals for Free