Special Prosecutor Objects To Defendant’s Motion To Remove Him
March 25, 2019 at 5:23 p.m.
By David [email protected]
On behalf of his client, Patrick Olson of Winona Lake, attorney David Kolbe on March 19 filed a motion to remove special prosecutor Daniel J. Sigler Jr., of Whitley County.
Olson, the former officer, was charged in October 2017 with aiding an escape by removing a woman’s ankle bracelet monitoring device. He and the woman then traveled to Valparaiso and spent the weekend together.
In the state’s response filed Friday, Sigler says the state objects to the defendant’s motion.
“This cause has been the subject of multiple, formal, pre-trial conferences with the court. The defendant has never objected to or asked for clarification regarding the state’s charges or any matter relevant to the investigation and prosecution of the defendant,” the response states.
It says the court has not asked for or otherwise requested a status report on the state’s investigation as discussed in Indiana code.
“The defendant agreed to a trial setting some months ago and expressed no confusion as to the status of the matter,” it says. “The status of the case is that it remains set for trial to a jury in November 2019.”
Sigler’s response says a hearing is set on the defendant’s motion to dismiss on May 16 at 1:15 p.m. If the court believes the defendant’s motion to dismiss Sigler requires a hearing, the state asks that it also be held at 1:15 p.m. May 16.
In February Kolbe filed a motion to dismiss the charges against Olson. That motion states that Olson was denied a speedy trial; the court doesn’t have jurisdiction with respect to Count I (sexual misconduct with a service provider) as the county of proper venue is Porter; and the facts alleged in the probable cause affidavit with respect to Count II (aiding, inducing and causing escape) do not constitute an offense.
On Jan. 10, Olson decided to take his case to a jury trial.
In the petition to remove Sigler, Kolbe stated the records reflect Sigler failed to file any progress reports in the matter as required by statute. The governing statute permits the court to remove Sigler as special prosecutor.
“The defendant cites by reference all arguments made in his motion to dismiss with regard to the improprieties in the appointment of the special prosecutor,” Kolbe stated.
He also argued that the defendant asserts that “should the special prosecutor be permitted to remain in this matter given those improprieties, the due process violations would be ongoing and compounding.” Therefore, he requested the special prosecutor be removed.
On behalf of his client, Patrick Olson of Winona Lake, attorney David Kolbe on March 19 filed a motion to remove special prosecutor Daniel J. Sigler Jr., of Whitley County.
Olson, the former officer, was charged in October 2017 with aiding an escape by removing a woman’s ankle bracelet monitoring device. He and the woman then traveled to Valparaiso and spent the weekend together.
In the state’s response filed Friday, Sigler says the state objects to the defendant’s motion.
“This cause has been the subject of multiple, formal, pre-trial conferences with the court. The defendant has never objected to or asked for clarification regarding the state’s charges or any matter relevant to the investigation and prosecution of the defendant,” the response states.
It says the court has not asked for or otherwise requested a status report on the state’s investigation as discussed in Indiana code.
“The defendant agreed to a trial setting some months ago and expressed no confusion as to the status of the matter,” it says. “The status of the case is that it remains set for trial to a jury in November 2019.”
Sigler’s response says a hearing is set on the defendant’s motion to dismiss on May 16 at 1:15 p.m. If the court believes the defendant’s motion to dismiss Sigler requires a hearing, the state asks that it also be held at 1:15 p.m. May 16.
In February Kolbe filed a motion to dismiss the charges against Olson. That motion states that Olson was denied a speedy trial; the court doesn’t have jurisdiction with respect to Count I (sexual misconduct with a service provider) as the county of proper venue is Porter; and the facts alleged in the probable cause affidavit with respect to Count II (aiding, inducing and causing escape) do not constitute an offense.
On Jan. 10, Olson decided to take his case to a jury trial.
In the petition to remove Sigler, Kolbe stated the records reflect Sigler failed to file any progress reports in the matter as required by statute. The governing statute permits the court to remove Sigler as special prosecutor.
“The defendant cites by reference all arguments made in his motion to dismiss with regard to the improprieties in the appointment of the special prosecutor,” Kolbe stated.
He also argued that the defendant asserts that “should the special prosecutor be permitted to remain in this matter given those improprieties, the due process violations would be ongoing and compounding.” Therefore, he requested the special prosecutor be removed.
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