By COLE REIF
Great Bend Post
GREAT BEND — Barton County Sheriff Brian Bellendir appeared in Barton County District Court on Thursday morning for a preliminary hearing regarding a Class-A misdemeanor charge filed against him. The hearing, which lasted just under an hour, sorted through information that might be allowed or disclosed and whether the prosecutor’s selection was improper.
On Nov. 1, Bellendir was issued a summons to appear in court following an investigation by the Kansas Bureau of Investigation. 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 Aug. 10 to Nathan Manley of Ellinwood.
Bellendir has since pleaded not guilty and declined a plea agreement offered by the Barton County Attorney’s Office.
The primary issued discussed Thursday morning was whether prosecuting attorney William Halvorsen’s appointment to handle the case was improper.
According to records, Halvorsen filed the complaint against Bellendir at 3:13 p.m. on Oct. 31. At 4:25 p.m. the same day, Barton County Attorney Amy Mellor recused herself from the case to avoid a conflict of interest, but recruited Chase County Attorney Halvorsen to handle the prosecution. At 4:27 p.m., Judge Mike Keeley appointed Halvorsen as special prosecutor.
Bellendir’s attorney, Jess Hoeme, said there was discussion via email between Mellor and Halvorsen prior to the complaint being made, and that Mellor recruited Halvorsen, a like-minded attorney, for her side.
Hoeme said Mellor knew about her ethical disqualification but stayed involved in the investigation, prepared the case for charging, and sought out Halvorsen for assistance. Hoeme felt that Mellor “hoodwinked” or deceived Judge Keeley in appointing Halvorsen special prosecutor without knowing about Mellor’s disqualification.
Hoeme noted if Mellor recused herself from the case, the recommendation should have come from the Barton County Commission.
The charge against Bellendir puts his certification as a Kansas law enforcement officer in jeopardy. The Kansas Commission on Peace Officers’ Standards and Training, or CPOST as it is referred to, reviews the certification. Mellor is a member of the 12-person board and would be a voting member of CPOST.
Hoeme also questioned why Halvorsen filed the complaint in the first place, being from Chase County, for an incident that happened in Great Bend.
The judge allowed Barton County to search emails between Mellor and Halvorsen between the dates of Aug. 10 and Nov. 20.
The next hearing is scheduled for June 5 at 9 a.m.