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Sun, Sep 07 2008 

Published September 22, 2007 05:20 pm - PINEVILLE, Mo. — For the first time in 11 years, McDonald County has impaneled a 12-member grand jury.

Special prosecutor from attorney general’s office called in for grand jury



By Linda Greer

news@joplinglobe.com

PINEVILLE, Mo. — For the first time in 11 years, McDonald County has impaneled a 12-member grand jury.

“People think grand juries convene for one case only, but that isn’t the way it works,” Janice Durbin, McDonald County prosecutor, said Friday.

Durbin said prosecutors often ask for a grand jury to look into bigger cases involving sexual abuse or drugs. The jury sits for six months at a time, she said.

“You can’t just call a grand jury to hear evidence in one case,” Durbin explained. “Some counties use them for every case.”

McDonald County Clerk Gene Hall said Friday that information regarding the jury will remain secret until the jury concludes its investigation, which could last until March 2008. The identities of the jurors and the reason the jury was called will not be revealed, Hall said.

Timothy Perigo, presiding judge of the 40th Circuit, called for the jury last week. Perigo impaneled McDonald County’s last grand jury in 1996, when the jury was charged with inspecting county buildings and considering evidence in two criminal cases.

Hall said the current grand jury met for two to three hours Thursday with Perigo and a special prosecutor from the Missouri Attorney General’s Office. The jury was given its instructions, but will not hear evidence until Oct. 11, Hall said.

County issues

Noel Mayor Paul Gardner said last week that when he heard a grand jury had been convened, he “hoped” it would look into issues involving the city of Noel. He did not specify which issues he wanted investigated.

An effort by the Noel board of aldermen to impeach city Marshal Ellsworth “Ozzy” Amos in June did not muster the required two-thirds majority. The board of aldermen sat as an impeachment panel and charged Amos with eight counts including misuse of city funds and misuse of city property.

The city is faced with paying Amos’ attorney fees of nearly $17,000. Amos petitioned the court in August for reimbursement of his fees after the board tabled the issue this summer without indicating whether the fees would be paid.

In an unrelated matter, Amos and two of his deputies, Kyle Hill and Daniel Gardner, are charged in McDonald County District Court with two counts each of misdemeanor animal abuse following the death of two dogs in the city pound in August.

On Tuesday, Amos, Hill and Gardner pleaded not guilty. Amos’ attorney, Robert Evenson, of Pineville, asked for a jury trial for Amos. That trial is set for Dec. 20.



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