Anderson County District Court Judge, Eric Godderz, denied a pivotal motion in the felony drug case against Tom Emerson of Garnett, ruling that the defense failed to present compelling evidence that a 2020 Search Warrant, issued for Emerson’s home, should be quashed because it was signed by a judge, with who Emerson claimed to have had a past relationship. Emerson faces more than a dozen felonies and one misdemeanor charge involving possession and distribution of methamphetamine and using a cell phone in the process of those activities. Key to Emerson’s motion was his claim that he had a long term casual relationship with District Magistrate Judge Kevin Kimball, which the defense argued, led to bias when Kimball signed a search warrant for Emerson’s home in February 2020.
In his testimony and cross examination, Kimball denied having had any type of personal relationship with Emerson, said he had never been to Emerson’s home, which the warrant was served and, said he only knew Emerson through the defendant’s association with the local community theater group.
The case was set for a follow up Zoom Hearing to hear motions on June 7th, with trial set to begin August 29th.
