Defense Motions Denied In Rovenstine Case
February 17, 2017 at 9:25 p.m.
By Michael [email protected]
Rovenstine faces 10 felony counts including bribery and official misconduct. The trial is set to begin April 3, and three weeks have been set aside on the court calendar.
Rovenstine is accused of agreeing to take $40,000 from former mixed martial arts instructor Kevin Bronson in exchange for special privileges while he was in jail.
Among the accusations, Rovenstine allegedly allowed Bronson to meet unmonitored with former Grace College professor Mark Soto, Bronson’s friend and business partner.
Prosecutors allege the money was promised to Rovenstine by Bronson, who said he would include the sheriff in his will.
During a hearing in Elkhart on Wednesday, Roberts heard arguments from both sides on motions to exclude evidence from the jury trial.
On Wednesday, Roberts took four motions under advisement. On Thursday, he issued an order denying the motions.
The defense sought to strike evidence related to the investigation of Warsaw Police then-Det. Sgt. Paul Heaton. One of Rovenstine’s charges is intimidation based on a conversation between Heaton and Rovenstine.
According to court records, Rovenstine told Heaton, “I don’t want to start World War Three because everybody’s gonna lose. I guarantee ya, you think you hold everything, you don’t This will be ugly ... I am the sheriff – I have investigators too.”
Prosecutors allege Rovenstine then ordered his detectives to begin an investigation into Heaton’s conduct during drug investigations.
Judge Roberts also ruled to allow:
• Evidence about a meeting held in the Kosciusko?County Prosecutor Dan Hampton’s office.
Prosecutors allege Hampton, Kosciusko County Superior Court II Judge Torrey Bauer, Doug Lemon, Bronson’s then–attorney; Soto and Rovenstine met to discus a plan to “get rid of” Bronson.
During the meeting, a plan was allegedly discussed for Soto to raise money to bail Bronson out of jail. Bronson would be placed under a nonextraditable warrant, meaning he couldn’t be extradited from another state and would only be arrested if he returned to Indiana.
Deputy Prosector Tami?Napier argued it amounted to a “get out of jail free card,”
Jennifer Lukemeyer, attorney for Rovenstine, argued that while Rovenstine was at the meeting, he didn’t say much and only went because Hampton and Bauer invited him.
Lukemeyer also said Hampton shut down the plan and it never came to fruition.
• Evidence about the non-compliance of jailers during the investigation by the Indiana State Police.
ISP investigators requested interviews with many jailers, who turned them down.
Lukemeyer argued there is no requirement to cooperate with an investigation.
Deputy prosecutor Matthew Sarber argued it would help show the “culture of silence” that built up in the department.
• Two confidentiality agreements signed by two jailers.
During one of Bronson’s jail stays, he drafted a confidentiality agreement to have two jailers edit a book he was writing about his life of drug use, his membership in the Aryan Brotherhood and his subsequent conversion to Christianity.
The jailers allegedly pushed the agreements up the chain of command but it is unclear if Rovenstine ever reviewed the agreement.
Napier argued this evidence would show the “free reign” that Bronson had while he was behind bars.
This week’s motions appear to be the last major hurdle before the trial gets underway,
The trial was scheduled to begin Feb. 7, but was delayed after the defense filed a last-minute motion challenging missing paperwork.
The paperwork was later found and the trial was rescheduled for April.
Roberts set a Feb. 24 deadline for the filing of any further motions in the case.
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Rovenstine faces 10 felony counts including bribery and official misconduct. The trial is set to begin April 3, and three weeks have been set aside on the court calendar.
Rovenstine is accused of agreeing to take $40,000 from former mixed martial arts instructor Kevin Bronson in exchange for special privileges while he was in jail.
Among the accusations, Rovenstine allegedly allowed Bronson to meet unmonitored with former Grace College professor Mark Soto, Bronson’s friend and business partner.
Prosecutors allege the money was promised to Rovenstine by Bronson, who said he would include the sheriff in his will.
During a hearing in Elkhart on Wednesday, Roberts heard arguments from both sides on motions to exclude evidence from the jury trial.
On Wednesday, Roberts took four motions under advisement. On Thursday, he issued an order denying the motions.
The defense sought to strike evidence related to the investigation of Warsaw Police then-Det. Sgt. Paul Heaton. One of Rovenstine’s charges is intimidation based on a conversation between Heaton and Rovenstine.
According to court records, Rovenstine told Heaton, “I don’t want to start World War Three because everybody’s gonna lose. I guarantee ya, you think you hold everything, you don’t This will be ugly ... I am the sheriff – I have investigators too.”
Prosecutors allege Rovenstine then ordered his detectives to begin an investigation into Heaton’s conduct during drug investigations.
Judge Roberts also ruled to allow:
• Evidence about a meeting held in the Kosciusko?County Prosecutor Dan Hampton’s office.
Prosecutors allege Hampton, Kosciusko County Superior Court II Judge Torrey Bauer, Doug Lemon, Bronson’s then–attorney; Soto and Rovenstine met to discus a plan to “get rid of” Bronson.
During the meeting, a plan was allegedly discussed for Soto to raise money to bail Bronson out of jail. Bronson would be placed under a nonextraditable warrant, meaning he couldn’t be extradited from another state and would only be arrested if he returned to Indiana.
Deputy Prosector Tami?Napier argued it amounted to a “get out of jail free card,”
Jennifer Lukemeyer, attorney for Rovenstine, argued that while Rovenstine was at the meeting, he didn’t say much and only went because Hampton and Bauer invited him.
Lukemeyer also said Hampton shut down the plan and it never came to fruition.
• Evidence about the non-compliance of jailers during the investigation by the Indiana State Police.
ISP investigators requested interviews with many jailers, who turned them down.
Lukemeyer argued there is no requirement to cooperate with an investigation.
Deputy prosecutor Matthew Sarber argued it would help show the “culture of silence” that built up in the department.
• Two confidentiality agreements signed by two jailers.
During one of Bronson’s jail stays, he drafted a confidentiality agreement to have two jailers edit a book he was writing about his life of drug use, his membership in the Aryan Brotherhood and his subsequent conversion to Christianity.
The jailers allegedly pushed the agreements up the chain of command but it is unclear if Rovenstine ever reviewed the agreement.
Napier argued this evidence would show the “free reign” that Bronson had while he was behind bars.
This week’s motions appear to be the last major hurdle before the trial gets underway,
The trial was scheduled to begin Feb. 7, but was delayed after the defense filed a last-minute motion challenging missing paperwork.
The paperwork was later found and the trial was rescheduled for April.
Roberts set a Feb. 24 deadline for the filing of any further motions in the case.
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