By Sandy Schroth
Editor 

Defendant takes stand, contrary to his lawyer's advice

 

January 20, 2022



Aaron White, 47, of Coleridge faced the Honorable Donna Taylor in the Antelope County courtroom in Neligh on Wednesday, Jan. 5, in two cases.

A pretrial hearing in the first case, on a charge of second-degree trespassing, was continued to Feb. 2. Bond, in the amount of $10,000, 10% cash, is continued as well.

A preliminary hearing was held in the second case. White is accused of a Class 3A felony, alleged Nov. 19, making terroristic threats. Testimony was heard by Antelope County sheriff Robert Moore and, in an unusual situation, by the defendant himself, contrary to advice from his attorney. Public defender Melissa Figueroa asked Taylor to remind the defendant of his constitutional rights prior to his testimony. Taylor did so, telling White anything he said can be used against him at trial. A recorded excerpt of a voice mail left on the alleged victim’s home phone was played and entered as evidence. White asked that the entire message be heard, but Antelope County prosecutor Joe Abler declined, playing about 35 seconds of a one-minute, 59-second minute message. White contended the excerpt was taken out of context.

“I know they were taken out of contest,” he testified. “It was something I said about an old friend who I was trying to disassociate with.”

Figueroa asked Taylor not to bind the case over to district court, based on Whites contention. However, the judge found sufficient evidence existed for the case to be tried in the Antelope County district court, saying the defendant’s intent would be determined at trial by a jury.

White is scheduled for arraignment in the Antelope County district court Jan. 26. He was remanded to Moore’s custody, pending posting of bond, including $100,000, 10%, in the second case.

Two additional preliminary hearings on Wednesday’s docket were continued. Both defendants are represented by Figueroa.

• Kathy S. Genia, 65, of Veblen, South Dakota, to Feb. 2. She is accused of a Class 4 felony, possession of hashish, alleged Sept. 11, and two misdemeanor counts, driving under the influence of drugs and possession of more than one ounce of marijuana; $1,500 personal recognizance bond is continued.

• Ian T. McConkey, 30, of Mankato, Minnesota, to Feb. 16, on Count I, possession of a controlled substance, a Class 4 felony. He is also charged with inhaling an intoxicating substance, a Class 3 misdemeanor, and possession of drug paraphernalia, an infraction; $20,000, 10%, bond is continued.

 

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