Timeline in District Court set for Richmond's 'plea in abatement'

A Sidney woman facing 21 felony burglary charges appeared in Cheyenne County District Court on Tuesday.

Prosecutors allege Mindy Richmond, 34, carried out a string of burglaries throughout the Sidney area. However, in August, a lawyer representing Richmond filed a plea in abatement, arguing there is insufficient evidence his client carried out the crimes.

In court documents, the defendant’s lawyer, James Korth, 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.”

This week’s hearing was scheduled for the defense to submit the transcript from the preliminary hearing.

District Court Judge Derek Weimer ordered the defense to now submit a written brief arguing its case by Oct. 23. The state will then have one week to submit its brief. A rebuttal from Richmond’s lawyer is due Nov. 6, after which time Weimer will take the matter under advisement, he said.

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.

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.

While Yates has not been charged in connection with the burglaries, Nebraska Assistant Attorney General Doug Warner said she would be charged once the Richmond case is completed.

“There will be charges filed, but it’s going to be necessary to call [Yates] as a witness,” Warner said in August.