Caledonia Argus

Omnibus hearings over for meth lab defendants

Posted: 1/27/04

By David Heiller
Argus News Editor

Testimony was completed on January 14 in the case against five local men accused of manufacturing methamphetamines.

The men are Theodore J. Hawver, Spring Grove; Levi Jones, Harperís Ferry, IA; Thomas Monson, Spring Grove; Ronnie Lee Shefelbine, Caledonia; and Todd Weston, Eitzen.

They were arrested in rural Eitzen on September 19, 2003, and have been charged with three felony counts:

ï First degree manufacturing of a controlled substance and liability of crimes of another.

ï Possession of methamphetamine.

ï Tampering with anhydrous ammonia.

Local law enforcement officers were questioned at the most recent hearing, which was a continuation from one that took place on December 31.

James Schultz, a public defender for Hawver, said the basic issues throughout the omnibus hearings have centered on search and seizure, admission of statements, and probable cause to believe that some of the defendants were not properly charged. He said Hawver was a social guest at the house and was not involved in any alleged criminal activity.

Attorneys for two of the defendants, Levi Jones and Thomas Monson, have filed motions for dismissal based on alleged loss and destruction of evidence and improper interrogation.

Candace Rasmussen, an assistant public defender for Monson, wrote in a brief that evidence wasnít preserved as the search warrant of his mobile home stated it would be.

James Schultz called the omnibus hearing process a ìmarathonî and the longest one he has ever been involved in.

Here is the upcoming schedule of events for the case.

ïDefense briefs must be submitted by February 27.

ïHouston County Attorney must respond by March 12.

ïDefense attorneys must respond by March 19.

After that, the court has 90 days to make its ruling, saying what is admissible and what isnít, Jackson said. ìThat will be the next major point in the case,î he said on January 21.

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