Burden chief of police Travis Lowe is set to be back in court this week, just a few days after a judge declined to toss Lowe’s domestic battery case out of court.
During a hearing Friday, Judge Nick St. Peter said defense attorney Chris Rogers’ push for a dismissal was premature.
St.Peter pointed out that he had not considered any of the evidence in the case, but said he would take Rogers’ motion under advisement.
Realizing a dismissal was a long shot, Rogers asked the court for a little more time to review the state’s evidence against Lowe. The case will be back in court at 8:30 a.m. Wednesday.
Friday’s appearance wasn’t without its moments of interest. Rogers pleaded with the court to dismiss the charge against his client even before Lowe has been arraigned.
The attorney said the sole witness in the case, Lowe’s wife, Lorri Lowe, has publicly and otherwise stated that any contact the chief made with her was accidental. Travis Lowe was arrested Nov. 21 as a result of an argument that led to Lorri Lowe being struck.
Rogers said with minimal evidence from anyone present at the time of the incident, the case should be dismissed. If the case is later dismissed due to lack of evidence, he said, it would be unfair to his client who has been suspended from his job without pay.
“We’re subjecting an individual, because of the fact he is a local police chief, to far more scrutiny” than a regular citizen, Rogers said.
Rogers said it may turn out that the charge in the case should have never been brought.
Cowley County Attorney Chris Smith interjected to say that he resented Rogers implication that the state would bring unjustified charges against someone with no evidence.
“I have an ethical duty,” Smith told St. Peter. “To never bring charges unless there is a basis.”
It wasn’t the last bit of light jabbing the lawyers partook in before the 30-minute hearing ended. Later, Rogers raised issue with how Smith had contacted Rogers office in regard to sharing evidence in the case.
Rogers said he didn’t get letters that Smith had sent. Smith said he hand delivered one letter and left others in a basket bearing Rogers name that is at the courthouse.
Rogers questioned the basket system and said he might start leaving letters he had for Smith in a basket at Rogers’ office that Smith would have to retrieve.
Smith replied by saying that the basket system was a delivery system established two years ago to give attorneys a central place for picking up shared evidence. In the Lowe case there is a 911 recording and a dash-cam interview with Lorri Lowe, that will need to be reviewed by the defense.
St. Peter asked the two attorneys to work out their differences and get the case moving forward.
The charge Lowe faces – domestic battery or simple battery in the alternative – is a misdemeanor.
