Friday, February 20, 2009

Does Delaware County Prosecutor Pay or Not?

The saga of Mark McKinney and the Muncie/Delaware County DTF funds continues - with a cliffhanger.

Second judge orders McKinney to repay:
"MUNCIE -- Delaware County Prosecutor Mark McKinney has been ordered for a second time by a judge to repay more than $50,000 in money seized from a drug dealer.

Delaware Circuit Court 4 Judge John Feick issued the order Friday, affirming an earlier order to repay from Delaware Circuit Court 2 Judge Richard Dailey.

And for a second time, McKinney says he'll fight the order.

'Just like with Dailey's order, we will be appealing,' McKinney said, declining to comment further.

But no money is forthcoming from the Prosecutor, McKinney, deputy risk contempt:
"Delk said the recent appeals that the prosecutor and his deputy filed did not stay the judgment without a bond or letter of credit covering the repayment.

'Nothing prevents the court from executing this order,' said Delk.

Indianapolis attorney Kevin McGoff, who represents McKinney, said he could not comment about the pending contempt hearing on Wednesday or why a bond was not filed. McKinney was in his office Wednesday, but had a 'Do not disturb' sign on the door, according to office staff.

Delk cited trial rules requiring prosecutors to file an appropriate appeal bond or letter of credit, adding they enjoyed no exemption as government officers since they were acting as civil counsel.

'It's about the money,' said Deputy Mayor Richard Shirey, as to why the city pursued a contempt citation.
Is it only about the money? I know the Muncie budget is hurting but why does it seem like it is the money and something more?

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