Richmond enters plea in abatement, hearing scheduled

The attorney for a Sidney woman, who prosecutors allege committed a string of burglaries in Cheyenne County, filed a court document this week arguing there is insufficient evidence his client carried out the crimes.

Mindy Richmond, 34, is charged with 21 felony counts of burglary. Twelve days ago, a county court judge ruled there was probable cause to bind the charges over to district court.

On Wednesday, Richmond – who is free on $100,000 bond – appeared before District Court of Cheyenne County Judge Derek Weimer. The defendant’s lawyer, James Korth, and special prosecutor, Doug Warner, participated by telephone.

The plea in abatement was filed by Korth on Tuesday. In the court document, he argues evidence presented by the prosecution at the preliminary hearing in county court “is insufficient as a matter of law to establish that a crime was committed or that there is probable cause to believe that the defendant committed the crime alleged.”

Weimer set a hearing for Sept. 8 to take up the matter, at which time both Korth and Warner can submit exhibits – including the county court transcript – and briefs.

The judge said if the transcript is not available by the date, the hearing would be rescheduled.

Richmond was arrested in Cheyenne County on June 11 after another woman, Tanya Yates, approached the Sidney Police Department and told authorities Richmond had carried out myriad burglaries.

According to court testimony, Yates provided police with a list of county residences that had been burglarized. Law enforcement officials were able to cross-reference some of the addresses with open burglary cases.

Yates has not been charged in connection with the alleged crimes.

A search of Richmond’s vehicle and two residences linked to her led to the discovery and seizure of jewelry, clothing and numerous prescription pill bottles – many with the labels removed.

The prosecution argued in county court some of the seized items had been reported stolen.

Gabriel Martinez

A 50-year-old Colorado man charged in two separate Cheyenne County court cases, each with a felony charge of the visual depiction of sexually explicit conduct involving a child, appeared in court on Wednesday.

The court first received evidence in a plea of abatement motion filed by the defense for one of the cases against Gabriel Martinez.

Attorney Michael Snyder, who represents the defendant, argued based on testimony presented at a preliminary hearing in county court, there is a lack of evidence to support the charge against his client in that case.

Testimony in county court indicated a photo of a teenage girl sent from Martinez’s cell phone showed the girl’s buttocks, he said, which does not meet the statutory definition of sexually explicit conduct.

“Nudity in and of itself is not a violation,” Snyder said.

He asked Weimer to review the county court transcripts along with the statute Martinez is charged with violating.

Cheyenne County Attorney Paul Schaub argued the photograph was tied to sexual gratification, and that Martinez used the photo to attempt to procure more images from the girl.

Weimer said he would review the evidence and make a written motion.

In the second case, Schaub said he was concerned about the time that had lapsed since the defendant’s arrest. A deadline for ensuring a speedy trial for Martinez is approaching, the county attorney said.

Weimer set a hearing for Sept. 2 at 9:30 a.m., and also asked both attorneys to appear before him next week to discuss a timeline for that case.