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Judge refuses to drop charges against Bollig

5/13/2014

By MIKE CORN

mcorn@dailynews.net

WaKEENEY -- After reining in defense attorney Dan Walter, District Judge Ed Bouker on Tuesday turned aside a motion seeking the dismissal of charges against a WaKeeney man charged with first-degree murder.

Walter had hoped to present testimony from alleged victim Naomi Abbott about a recent conversation she had with Scott R. Bollig, who is charged with first-degree murder of Abbott's unborn child.

Much of what Walter hoped to present Tuesday in Trego County District Court lays out how he likely will approach the case in defending Bollig.

Walter also wanted to call a pathologist to the stand to show the "dots do not connect and the conclusions reached will be considered far-fetched."

Assistant Attorney General Jessica Domme quickly objected to allowing testimony from either person, contending the hearing -- based on the motion to dismiss filed by Walter -- should only focus on what was contained in the criminal complaint against Bollig and the affidavit supporting the filing of the charges.

District Judge Glenn Braun issued the warrant in February, based on the complaint and the supporting affidavit, and asked Bouker to hear the motion.

After denying the motion, Bouker said Walter was free to file additional motions seeking dismissal of the charges, but those filings now should be directed to Braun.

The case against Bollig first started in late February when he was arrested and jailed on a probable-cause affidavit, the only one Walter had seen prior to Tuesday's hearing.

Bollig, 30, soon was charged with first-degree murder in connection with the death of Abbott's unborn child. The criminal complaint also included an alternative charge of attempted first-degree murder, a charge alleging Bollig put "a crushed form of a medication used to terminate an intrauterine pregnancy on food ... " but was unable to do so.

He also was charged with a felony count of aggravated battery and a misdemeanor count of distribution of adulterated food, identified in the criminal complaint as a pancake.

At Tuesday's hearing, it was revealed Bollig allegedly crushed up the unspecified medication and applied it to the pancake, most of which Abbott ate.

Walter sought leeway in presenting his argument for dismissal of the charges, and revealed Abbott stopped by Bollig's house in late April despite a bonding requirement to stay away from the victim. He said her visit was made with the knowledge of both Kansas Bureau of Investigation Agent Kevin Campbell and WaKeeney Police Chief Terry Eberle.

"During this conversation, she told my client he was not a murderer," Walter told Bouker.

Had that information been included in the affidavit supporting the filing of the charges, he said, "we probably wouldn't be here today."

Domme said Tuesday's hearing wasn't scheduled to take up testimony from anything happening in April, but only what was offered in February.

Walter tried to convince Bouker the seriousness of the charges made it necessary to continue.

"If she knew it on April 25, she knew it on Jan. 26," Walter said of the information she gave Campbell to file the charges.

Walter's pathologist also was expected to show the turn of events in the case were either "unlikely or far-flung," he said.

Testimony by both the pathologist or Abbott weren't allowed.

Walter then sought to show the circumstances suggest Abbott's abortion perhaps was little more than a miscarriage.

Domme, however, said the affidavit showed the fetus was 8.5 weeks old, and Bollig had admitted giving the medication to Abbott.

In making his ruling, Bouker said Walter was right to challenge the sufficiency of the charges.

"But this is not the place to do it," he said of Tuesday's hearing. "Is there enough evidence to justify the complaint? Yes there is."