The judicial procedure is moving forward for the case charging Barton County Sheriff Brian Bellendir with a Class-A misdemeanor. Tuesday morning another motion hearing was conducted at the Barton County Courthouse to determine if the special prosecutor should be disqualified and whether or not Bellendir’s attorney should be allowed to see emails between the Barton County Attorney Amy Mellor and Special Prosecutor Bill Halvorsen.

The Judge ruled that Halvorsen is not disqualified and that Defense Attorney Jess Hoeme is allowed to look at the emails. A pre-trial has been scheduled for July 12 at 9 a.m.

On November 1, 2017, Bellendir was issued a summons to appear in court following an investigation by the Kansas Bureau of Investigation (KBI). Bellendir was accused of “ill-treating a man in handcuffs by speaking to him in a vulgar, insulting, rude or angry manner” while serving an arrest warrant on August 10, 2017 to Nathan Manley of Ellinwood.

Hoeme felt there was discussion via email between Mellor and Halvorsen prior to the complaint being made. Hoeme stated before Mellor recused herself from prosecuting the case because of a conflict of interest, she recruited Halvorson, a like-minded attorney to handle the prosecution. Hoeme felt it was odd that Chase County attorney Halvorsen was appointed and not an attorney closer in proximity. Hoeme also felt that Judge Mike Keeley made a mistake appointing Halvorsen based on abuse of discretion because Mellor did not present all the facts and her connection with Halvorsen. Hoeme was prepared to subpoena Keeley if necessary, but the Judge noted he had no problems with the conversations and whatever connection that may exist between Mellor and Halvorsen.

The Judge also mentioned there may very well be a conflict or animosity between Bellendir and Mellor, and for that reason she should not be prosecuting the case.

Both councils will have until July 1st to file any motions in the case prior to the pre-trial on July 12. A wide net will be cast to select a jury with 100 candidates being notified and summoned to the court and then narrowing the list to include those that can best serve in an unbiased jury. A three-day trial is scheduled to begin on July 16.