Motion To Remove Special Prosecutor Filed In Olson Case
Motion To Remove Special Prosecutor Filed In Olson Case
Posted
David Slone-dslone@timesuniononline.com
Motion To Remove Special Prosecutor Filed In Olson CaseA motion was filed Tuesday to remove the special prosecutor in the case involving a former Kosciusko County Community Corrections home detention officer.
Patrick Olson, of Winona Lake, 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 February his attorney, David Kolbe, filed a motion to dismiss the charges against Olson. That motion, filed in Kosciusko County Superior Court I, 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.
A hearing on that motion is scheduled for June.
On Jan. 10, Olson decided to take his case to a jury trial, which is scheduled for Nov. 19-22 in Kosciusko County.
In the petition to remove special prosecutor Daniel J. Sigler Jr., of Whitley County, Kolbe states that 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,” it states.
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 requests the special prosecutor be removed.
