By MIKE CORN

mcorn@dailynews.net

The formal investigation into the possibility of wrongdoing on the part of current and former WaKeeney city officials has been completed, the judge supervising the case has confirmed.

But no decision has been made on what, if any, charges will be filed in the case, prosecutors say.

"We closed the inquisition, but we're still reviewing the matter," Ashley Anstaett, a spokesman for Attorney General Steve Six, said Wednesday. "This matter is still under review."

"The formal inquisition ended in January," Ellis County Attorney Tom Drees said. "The matter is now under consideration by the state."

Drees has been something of the point man in the investigation, appointed as a special prosecutor by the Trego County Commission early on. While he was stripped of that appointment in December 2007, Drees already had questioned witnesses during the formal part of the inquisition and continues his involvement in the case.

Although she declined to give many details about the case, Anstaett agreed it is still possible that charges could be filed in the case and that the inquisition itself was merely a procedural part of the investigation.

Any charges that might come of the investigation would be based on what already has been gathered.

A hearing Tuesday, sought by defense attorneys Bernard Giefer and Doug Sebelius, prompted the release of a letter from the attorney general's office that the formal fact-finding process had ended.

Anstaett, however, already had acknowledged her office had sent a letter to District Judge Tom Toepfer closing out the proceedings.

"We have closed down the inquisition as far as bringing in witnesses," Drees said at the time. "That means we won't be summoning anyone to the courthouse for additional statements."

Tuesday's hearing also took up several issues that had been raised in a series of motions by Giefer, representing WaKeeney Councilwoman Charlene Neish, and Sebelius, representing former Mayor Kenneth Deutscher. Missing from the hearing was WaKeeney Police Chief Terry Eberle, who had been represented by Giefer.

Giefer filed a request with Toepfer, asking the judge to halt the proceedings and to exonerate those targeted by the inquiry.

While Toepfer said the inquisition already had been closed at the request of the attorney general's office, he said he was unable to do anything about the request for exoneration, especially since no charges have been filed.

"It's kind of an extraordinary request to have," Sebelius said of Neish and Deutscher requesting exoneration. "It's highly irregular and the judge didn't feel he had the jurisdiction to do that.

Sebelius also sought to have Toepfer suppress documents and testimony obtained during the course of the investigation, a request that was denied because it was premature.

Toepfer also refused to lift the seal on the case, other than to release the letter ending the inquisition.

"This letter is meant to simply document that no further request for subpoenas, testimony, etc., will be made and the court may consider this inquisition a closed matter for record purposes," Assistant Attorney General Steven A. Karrer wrote.

Sebelius complained that he had not gotten a copy of the letter, even though he had been assured by the former assistant attorney general handling the case that he would be kept informed.

Sebelius agreed that Tuesday's hearing does not preclude the filing of charges.

"But who's going to do it?" he asked. "Is Mr. Drees going to do it? He's not a special prosecutor anymore."

And with the termination of the inquisition, Sebelius is contending Drees is no longer an agent of the attorney general's office.

In the end, he said, Neish and Deutscher simply want a conclusive answer.

"We haven't gone anywhere in two years," he said. "My client continues to live in WaKeeney under a cloud. He was a public servant for 20 years, benefitting that community. Is this the way he's supposed to live out the rest of his life?"