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February 27, 2008
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Four cases adjudicated in court
By Frank Bradley Staff writer

Of the 23 cases on the docket for trial in Superior Court last week, only four cases were resolved with the accused pleading guilty.

Six cases were voluntarily dismissed upon the recommendations of the District Attorney. Thirteen other cases were continued, seven of them scheduled for the April 7 court and six to be heard when the September 15 court convenes.

Jeff Bradley is one of the cases continued till September 15. Bradley was charged with Statutory Rape of a Person of age 13-14; Taking Indecent Liberties with a Child, and First Degree Sex Offense Child. Bradley had pled Not-Guilty. There was some difficulty on the first day of court by not having enough members who showed up for the jury pool to get 12 jurors after several prospective jurors were challenged off. Judge Dennis Winner said this was an unusual situation and directed the Clerk of Court and Sheriff to draw 30 more names and call them to appear at court to complete the jury. That done, there arose more difficulty when a critical witness who lives in Missouri decided not to appear. Hence, the case was continued until September.

Michael Brooke Risinger pled guilty to Breaking and Entering and to Possession of Schedule II CS; he was sentenced to 10 to 12 months to the Department of Corrections, which was suspended for 36 months while on supervised probation; he was given credit for 120 pre-confinement. Additionally, he was ordered to pay restitution of 1/2 of $3,689; attorney's fees of $1,687.50; a lab fee of $300 and ordered to perform 100 hours of community service.

Joshua Ryan Spain also pled guilty to Felony Larceny involving the same crime; he was sentenced to 6 to 8 months in the Department of Corrections; to serve two months active time; credited to pretrial confinement; the remainder of the sentence was suspended for 30 months with supervised probation; ordered to make restitution for 1/2 of $3,689, and pay $1,425 in attorney's fees.

Sequoyah Aquarian pled guilty to Possession of Drug Paraphernalia and was sentenced to 45 days confinement, suspended; ordered to perform 72 hours of community service; pay a $300 lab fee and the Cost of Court; he was also ordered to complete a drug assessment.

Andrea Marie Nagy pled guilty to Felony Possession of Schedule II CS. She was sentenced to 6 to 8 months in the Department of Corrections, which was suspended for 30 months with supervised probation; ordered to perform 72 hours of community service; to pay attorney fees in the amount of $715 and a lab fee of $300.

Of the cases on the docket, nine of them were drug related; four were either Felony, Breaking and Entering or Larceny or both; there were three cases involving Sex Offenses with a Minor; three involving possession of stolen goods, and tree DUI's. There were two cases involving Assault; one involving Forgery, and one charged with Malicious Conduct of a Prisoner.

This year there are four sessions of Superior Court scheduled to be held in Clay County, according to Clerk of Court Harold McClure.

The sessions in February and September gives priority to criminal cases, and if time civil cases may be tried. During April and December civil cases have priority with criminal cases that may come to trial, the docket permitting.

McClure points out that having four court sessions each year enables the Grand Jury to be called each time to be presented with Bills of Indictment.
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