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Saturday, August 25, 2007
Ind. Courts - Muncie attorney fails to appear for plea hearing
Updating this ILB entry from Dec. 20, 2006, quoting a story in the Muncie Star-Press which began "A Muncie attorney who authorities said had cocaine in his possession after he was caught urinating in the middle of a state highway has apparently reached a plea bargain with the Randolph County prosecutor's office," the Star-Press reports today, in a story by Rick Yencer which begins:
WINCHESTER -- A Muncie attorney facing a felony cocaine possession charge was a no-show for a Friday hearing to change his not guilty plea.Donald K. McClellan, rural Selma, also faces action from the Indiana Supreme Court Disciplinary Commission from the alleged criminal conduct, which could affect his law practice.
Special Judge Brian Hutchison reset the hearing for Tuesday at 8:30 a.m. in Randolph Superior Court after giving McClellan and his attorney, Michael J. Alexander, a stern warning if McClellan failed to appear again.
"You will sit without a bond until the trial is set," said Hutchison, Jay County Circuit Court judge. "You are aware of that."
McClellan, on a telephone conference with his attorney, the judge and the prosecutor, replied, "Yes."
Alexander took the blame, saying he only had a telephone status hearing on his schedule.
Keith Dilworth, Randolph County deputy prosecutor, said the docket clearly showed Friday's date as a change of plea hearing. The case, filed July 18, 2006, has been continued for more than a year.
Alexander and Dilworth declined to comment on the plea or whether McClellan was seeking the drug charge reduced to a misdemeanor.
McClellan faces formal charges of possession of cocaine, a class D felony, and a misdemeanor charge of public intoxication.
Posted by Marcia Oddi on August 25, 2007 10:02 AM
Posted to Indiana Courts