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9 months of delays in father, son arraignments PDF Print E-mail
Saturday, 04 December 2010 11:19

Neither man has been arraigned in alleged beating that took place March 29, both father and son had preliminary hearings last August


• Daily Leader
Arraignments for a father and son accused of allegedly beating a man were once again delayed Friday in Seward County District Court.
Eliseo Avila Sr. and Alexander Avila-Ortiz were arrested March 29 for allegedly beating Anthony Martinez, 20, during an altercation in the 100 block of West Hickory in Liberal.
A preliminary hearing for the two suspects took place in August. Attorneys for both the state and the defendants later filed appeals of that hearing, and the arraignments for the pair have been on hold since. Avila and Avila-Ortiz are scheduled to be back in court at 1:15 p.m. Thursday.
Speaking about the appeals during the Oct. 29 arraignment date, District Judge Kim Schroeder had asked the state to clarify its appeal, while at the same time denying an appeal from Avila’s attorney, Clint Floyd, because the procedure used by Floyd is not allowed by state statute.
Floyd and prosecutor Russell Hasenbank were scheduled to have appeals filed by Nov. 5. Floyd and Avila-Ortiz’s lawyer, Paul Kitzke, were scheduled to file motions to dismiss in the cases of both suspects also by Nov. 5.

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The High Plains Daily Leader and Southwest Daily Times are published Sunday through Friday and reaches homes throughout the Liberal, Kansas retail trade zone. The Leader & Times is the official newspaper of Seward County, USD No. 480, USD No. 483 and the cities of Liberal and Kismet.  The Leader & Times is a member of the Liberal Chamber of Commerce, the Kansas Press Association and the Associated Press.

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