UPDATE: Prospective juror enters guilty plea to contempt of court

NEWKIRK — Larry Roy Payne, appeared before Judge David Bandy last week and entered a guilty plea to a misdemeanor count of contempt of court. Payne was part of a juror pool that was called to duty for the Odis Lee Lawson trial. Payne reportedly did not show up. Sentencing is deferred for two months and he was assessed a fee and court costs. Attorney Jarrod Stevenson started bringing contempt of court charges against those who do not show up for jury duty this year, citing that some trials have been delayed because of a juror shortage.

UPDATE: Two contempt citations issued in error

NEWKIRK — Kay County Court Clerk Marilee Thornton said today that the contempt citations issued to Cory Randol and John Samuel Hise were issued due to errors. Thornton said that the citation to Randol was issued to Randol due to clerk error and the one to Hise was issued due to computer error.Thornton offers her deepest apologies to both.

Contempt citations filed against those accused of not showing up for jury duty

NEWKIRK — For the second time this year, attorney Jarrod Stevenson, has filed contempt citations against those who have not showed up for jury duty.

According to court documents, Cory Lee Randol, Larry Roy Payne, and John Samuel Hise, were called as  potential jurors for the Odis Lee Lawson Jr. trial and failed to appear.

Lawson was on trial for drug charges. (see story)

This is the second time this year that Stevenson has filed contempt citations against those who reportedly did not show up for jury duty. (see story)

Stevenson said this week that he will continue to do so until “The ridiculousness stops.”

Of those citations filed in March, one case is still active while the others were fined. (see story)

Tera Wilde, who is represented by Todd Burlie, filed a motion to dismiss her contempt citation on Aug. 17. In the motion, it is stated that Wilde was supposed to appear as a potential juror in the Feb. 24 Mason Deroin trial.

It is alleged that she contacted her medical provider at the Kanza Health Clinic on Feb. 23 regarding a shoulder issue and a doctor’s appointment was made for Feb. 24.

She claims that she contacted the court clerk’s office, requested to be excused and was excused, therefore she did not appear on Feb. 24.

Instead she reportedly attended her doctor’s appointment and surgery was scheduled.

Exhibits showing a one-minute call to the Kanza Health Clinic and a 58-second call to the court clerk’s office were submitted.

Also submitted was a doctor’s note, signed by Shelby Anderson on behalf of P.A. Kimberly Hovsepian, letter of referrals for a MRI and an Ortho consult, and discharge papers from Stillwater Medical Center dated May 5.

On Aug. 20, Stevenson filed a response to the motion for dismissal.

In the court document, Stevenson states that Wilde appeared for juror orientation on Jan. 13 and called in on Feb. 20 to learn that her presence was required for a trial set to start on Feb. 24.

Stevenson states that, based on her own admissions and exhibits, she contacted her medical provider on Feb 23, had a in a one-minute phone call in which a medical appointment was set for Feb. 24, the day that she knew she was summoned to appear as a potential juror.

Stevenson claims that the court clerk she spoke to in a 58 second call is un-identified.

He states in the document that her motion to dismiss is with out merit. 

“In addition to the illogical leaps it would require this court to make in order to believe the same, Ms. Wilde fails to offer any documentation or other evidence from the Kay County Court clerk’s office in support of her allegation that she was excused from jury duty.”

Stevenson notes that Wilde fails to identify who she allegedly spoke with at the clerk’s office and failed to offer proof that the medical appointment was emergency in nature.

Stevenson stated the followng:

“Further, assuming her documentation and exhibits are true and correct, the appointment that Ms. Wilde claims was necessary for her to attend and excuse her appearance for jury duty did not result in an actual procedure until May 5, 71 days later.”

He adds,” Most importantly, for plaintiffs response, the matters in which Ms. Wilde is asking the court to grant her motion to dismiss are issues of fact for the jury or judge to rule upon at a trial; not an issue of law for this court to summarily rule upon by motion.”

A motion hearing in the Wilde case is scheduled for Sept. 18 before Judge David Bandy.

Plea dockets for Randol, Payne, and Hise are also set for Sept. 18.