Late motion delays Eisenhauer hearing PDF Print E-mail
Thursday, 17 December 2009 14:40

By JESSICA CRAWFORD
• Daily Leader

A motion to suppress filed by the defense late Tuesday afternoon caused another delay in a scheduled hearing Wednesday in the DUI proceedings of Seward County Commissioner Stephen “Ike” Eisenhauer.
As a result of a March 16 traffic stop, Seward County Commissioner Stephen “Ike” Eisenhauer faces a trial by jury after he pleaded not guilty to allegedly driving under the influence of alcohol, transporting an alcoholic beverage in an open container and failure to maintain a single lane during an arraignment hearing in August.
Special prosecutor Razmi Tahirkeli felt more time was necessary to go over the motion filed Tuesday afternoon. District Court Judge Clint Peterson allowed counsel a few minutes to discuss among themselves how they would like to proceed with the matter.
Tahirkeli and defense attorney Nathan McCaffrey agreed reconvening Friday morning at 9 would give Tahirkeli adequate time to review the motion. Three deputies with the Seward County Sheriff’s Department, including arresting officer Aaron Taylor, set to testify in the case informed counsel they could be present Friday morning, as well.
According to Tahirkeli, the motion to suppress filed by the defense asks the court to deem the traffic stop involving Eisenhauer entirely illegal. Tahirkeli added that receiving the document so late in the afternoon simply did not give him time to go over all of the language included in the motion to adequately prepare for Wednesday’s hearing.
The State of Kansas intends to try Eisenhauer on three separate counts – two of which hold sentences of possible jail time.
The first count of allegedly driving under the influence of alcohol received an amended complaint from special prosecutor Razmi Tahirkeli, to include Eisenhauer’s two prior DUI convictions. If convicted, the non-person felony holds a maximum sentence of one year in jail.
The second count of allegedly transporting an alcoholic beverage in an open container is a Class C misdemeanor with a maximum sentence of six months in jail.
The third and final count of alleged failure to maintain a single lane is classified simply as a traffic infraction punishable by no jail time, but a fine.
Eisenhauer’s trial, which is expected to take one day to complete, is scheduled for 9 a.m. on Jan. 14, 2010. Nathan McCaffrey will be defending Eisenhauer throughout the entire process. Special prosecutor Razmi Tahirkeli will be representing the State of Kansas.

 

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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, the National Newspaper Association and the Associated Press.

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