A nearly five-year battle concerning alleged discrimination and misuse of powers by the county’s prosecuting attorney appears headed to a jury trial next week.
Once delayed, the federal trial is slated to begin Wednesday unless postponed by U.S. District Judge Richard Dorr in Springfield. Delayed last in December, the trial is expected to last a week.
The trial comes as dozens of persons are subpoenaed in the lawsuit, which was filed against Texas County government and Prosecutor Michael Anderson more than two years ago by Monica Daniel Hutchison, a former office employee in Anderson’s office. Texas County was later dropped as a defendant by the judge along the way.
Daniel’s claims of malicious prosecution, abuse of process concerning a subpoena and a civil lawsuit, emotional distress and a hostile work environment are to be heard in federal court in Springfield. The matters alleged happened nearly five years ago.
The 8th District Court of Appeals earlier denied a request by Anderson’s legal team to disallow some matters in the case.
On Monday, Dorr issued rulings on additional last-minute matters appealed by attorneys. Dorr denied an Anderson request to add a statute of limitation to his defense. He granted a request by Anderson to file amended statements of uncontroverted facts in the case before Friday. The judge also denied the plaintiff’s request to exclude her sexual conduct and history. According to court documents, the subject of the motion is a former employee in the prosecutor’s office, Stephanie Creek Pounds, who the judge noted has given conflicting testimony in depositions.
Daniel’s attorneys also will be allowed to enter additional exhibits in a case that stands at 322 docket entries and growing. In recent weeks, many of the motions filed have been sealed making it difficult for the public to follow the case.
Based on court documents and depositions filed earlier in the case, the trial testimony may make some blush on the stand. County officials, law enforcement and a cross section of the county are scheduled to testify. (The publisher of this newspaper is among dozens expected to appear before the jury).
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