District Judge Jeff Herron decided Monday Marvin McClintock could leave the jurisdiction to visit relatives in Kansas and South Dakota, after McClintock agreed to sign a waiver of extradition. The waiver means that if he is picked up for any reason, McClintock agrees not to fight extradition to the local judicial district.
McClintock also furnished proof that his bondsman would continue his bail during that time.
|
Advertisement |
According to the Montrose Combined Courts, he was eventually charged with three counts of sexual assault on a child under 15 by one in a position of trust; two counts of unlawful sexual contact-peeping Tom; nine counts of sexual exploitation of a child-possess material and six counts of sexual exploitation of a child-induce or entice.
Police confirmed last year there were at least two alleged victims, but did not disclose details of the case and at last report, the affidavit was sealed.
Monday, Deputy District Attorney Wiley Christopher did not object to allowing McClintock to leave for the holidays, but wanted the court to ensure the decision did not fall under the Victim Rights Act and therefore require advance notification to the alleged victims.
McClintock’s attorney Stephen Laiche said it was not a VRA issue, because granting the request did not modify bail conditions.
McClintock is due again in court at 11 a.m. Feb. 25, 2008.
Other cases
In unrelated proceedings earlier Monday, the sentencing hearing for Nicholas Moeller was cancelled.
Moeller was arrested in October of 2006 after police said they found methamphetamine and cocaine in his home. He eventually pleaded guilty to possession with intent to distribute a controlled substance and was to be sentenced Monday.
Moeller was, however, re-arrested on suspicion of further drug offenses Dec. 5, which caused the district attorney’s office to file a motion to vacate the sentencing concessions called for under Moeller’s original plea agreement. That motion is to be addressed Feb. 25, 2008, Deputy District Attorney Jerry Montgomery said.
In a separate case also heard Monday, Dwayne Sims had his entry of plea hearing continued to Jan. 7, 2008.
Sims was charged with first-degree arson and felony menacing in a May 30 fire that destroyed the home of his ex-girlfriend. Police said he doused the woman and a sofa in the home with gasoline, then chased her when she fled.
According to the woman, the blaze also killed her cat and its five kittens. She lost everything she owned.
• Be respectful of others, the writer and the subjects in the story.
• Be relevant. Keep your comments on point.
• See the guidelines for TalkAbout. Perhaps your comment is best for that community forum, available from the home page, instead of commenting on a particular story.
Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. Montrose Press is not liable for messages from third parties.
DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
Opinions, advice and all other information expressed in montrosepress.com's reader comments represent the individual's own views and not necessarily those of the Montrose Press. Montrose Press does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Montrose Press spokespersons.
Thank you for your comments!