Posted 9/12/17 (Tue)
By Neal A. Shipman
The trial of McKenzie County Sheriff Gary Schwartzenberger has been continued following an injury to Judge Sonna Anderson over the Labor Day weekend.
Schwartzenberger was charged with misapplication of entrusted property, related to nearly $1,000 in disputed expenditures on a county credit card while at a Las Vegas sheriffs’ convention in 2015.
Schwartzenberger’s trial was set to begin on Sept. 14, but on Friday, Sept. 8, Judge Anderson issued an Order to Continue Trial based on her injuries in which she suffered broken ribs and a concussion.
“It would be prudent to postpone the trial to allow the Court additional time to recover,” wrote Anderson.
Prior to Anderson’s order to delay the trial, on Sept. 6, Thomas Dickson, Schwartzenberger’s attorney, filed a third motion to dismiss the charges.
In his motion to dismiss, Dickson wrote, “The criminal case has been previously litigated on the same issue by the same parties to a conclusion. The doctrine of re judicata is a component within the double jeopardy clause of the Federal and State Constitution.”
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