Hearing in first-degree murder case unlikely to be delayed
Published on -3/16/2010, 11:49 AM
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By MIKE CORN
OSBORNE -- Someone from the Salina Public Defender's Office will be representing Delbert McBroom in his first-degree murder trial in Osborne County District Court.
But no one has filed an entry of appearance yet, a virtual guarantee that Monday's preliminary hearing in the case will go on as scheduled. Magistrate Judge Jacqueline E. Thornton set the hearing Friday.
McBroom, 39, a Salina man who now is an inmate at the Hutchinson Correctional Facility, appeared before Thornton on Friday in Osborne County District Court on a series of charges, including first-degree murder.
He is the second man charged in connection with the March 25, 2008, murder of Jeffery Scott Noel in Portis.
Last year, Kenneth Eugene Wilson was sentenced, after a two-week trial, to 50 years in prison for Noel's death.
Charges against McBroom were filed Jan. 28 by the Kansas Attorney General's office.
Friday's 30-minute-long hearing mostly was a dialogue between Thornton and McBroom, as the judge read aloud a page-long document detailing McBroom's rights and laid out the series of events that could take place in the case.
McBroom showed little emotion as the judge read the document, frequently biting his lip as his hands remained clasped on the table before him. She then asked him to sign several documents, confirming he had seen them.
Thornton then proceeded to read each of the seven charges against McBroom, asking if he had questions after reading each charge.
Each time, he answered with a simple, "no, ma'am."
In addition to first-degree murder, McBroom is charged with felony murder, the act of killing someone during the commission of a felony, aggravated burglary.
McBroom also was charged with conspiracy to commit first-degree murder, aggravated burglary of Noel's residence, conspiracy to commit aggravated burglary, the burglary of a residence near Downs and conspiracy to commit burglary.
After reading the charges, Thornton talked about the need for McBroom to obtain an attorney to represent him. McBroom already had prepared documents showing he could not afford to hire one.
Thornton agreed she would make the appointment but ruled she would assess the $100 application fee to McBroom, primarily because his wife is working.
But Thornton said she would proceed with the appointment even without the application fee being paid.
About the only time Assistant Attorney General Amy Hanley was involved in the hearing came when Thornton asked about bail, and McBroom's eligibility for release from prison.
McBroom said he would be eligible in April 2011.
Hanley suggested he continue to be held without bail, but Thornton agreed to set bail at $1 million, a level that would be revisited if he becomes eligible for release.
At the time the charges were filed, McBroom was in the Norton Correctional Facility after being sentenced in November in Gove County in connection with the March 12, 2008, burglary of a residence. He also was sentenced on a misdemeanor charge of theft.









