After asking the Court to throw out a District Magistrate Judge’s Warrant, due to an alleged previous relationship with his client, the attorney representing Tommy Emerson is now petitioning for the removal of the Special Prosecutor pursuing the case, saying his appointment doesn’t meet Statutory Regulations. Emerson’s Attorney says that the appointment of Stephen Maxwell to prosecute the drug case against Emerson doesn’t meet the Applicable Kansas Law for replacing a sitting County Attorney in the case, because Anderson County’s Elizabeth Oliver was neither “sick or disabled”. Defense Attorney Jesse Hoeme says Oliver told him prior to Maxwell’s February appointment she might claim a conflict if Emerson tried to get the warrant issued by District Magistrate Kevin Kimball thrown out, because she worked frequently with Kimball.
Hoeme says if Oliver had a conflict, she should have requested assistance from the Kansas Attorney General’s Office. He notes that Oliver has still been present throughout most of the case, even with Maxwell in the role of Special Prosecutor.
