The prosecution has rested its case shortly before noon in the State v Bellendir trial with Kansas Senior Judge Edward Bouker.

Barton County Sheriff Brian Bellendir is being tried on one count of a misdemeanor charge of one mistreatment of a prisoner, Nathan B. Manley.

Jury selection began yesterday morning and continued all day with eight jurors being seated.

Prior to court beginning this morning, Defense Attorney Jess Hoeme requested that Nathan B. Manley be transported to Barton County. On Oct. 31, 2018, there was a request that the Department of Corrections transport Manley to Rice County so that he would readily be available for the trial. He is currently being housed at Larned State Hospital Correctional Facility. Prosecuting Attorney William Halvorsen said he didn’t need Manley here. Hoeme said he did not subpoena Manley because Halvorsen had. The judge ruled that Manley had to be available for testimony and arrangements were made transporting him to Great Bend.

The judge brought the jurors into the courtroom and admonished them that the trial was based on four issues. This includes whether the defendant was a law enforcement officer, that he knowingly ill-treated a prisoner, Manley was confined, and that the event occurred Aug. 10, 2017.

In his opening statement, Halvorsen said it was a simple case.

Great Bend Police Department Officer Chris Rowland was the first to testify. He recorded the event with his body cam, as is department procedure.

That morning, Bellendir’s daughter called him to say that Manley was stealing a propane tank from her grill on the front porch. Bellendir told her to call the Great Bend Police Department to tell them that a burglary was in progress. Bellendir and his detectives arrived at her home in Great Bend prior to the first GBPD officer arriving. At the time, former GBPD Chief Cliff Couch had recently been suspended, and there was a community outcry against that, causing turmoil in the department.

The video was played in the courtroom, but the audience could not see it. Rowland said he did see the sheriff smack Manley on the side of the head after the handcuffs were on and after Manley made an a-okay face. Rowland took Manley to the jail and said that Manley made no complaint of injuries nor did he show signs of injuries.

The KBI did an interview with Bellendir in Great Bend Sept. 9, 2017. The audio of a portion of the interview was played. The KBI also attempted to call Manley for an interview, but Manley hung up.

—

The jury will begin deliberations Friday morning in the trial of Barton County Sheriff Brian Bellendir. The defense rested its case Thursday afternoon, and the prosecution, Thursday morning.

Bellendir is being tried on one count of a misdemeanor charge of mistreatment of a prisoner, Nathan B. Manley.

Defense Attorney Jess Hoeme, in his opening statement Thursday afternoon, said, “We don’t have anything to hide. He did thump Manley on the back of the head.”

Senior Special KBI Agent Jeff Newsome testified that Bellendir seemed agitated during the KBI interview Sept. 9, 2017 about the event, saying the sheriff was an emotional guy who needed to be talked down. Newsome said his own style was different and calm.

The sheriff had demonstrated the type of cuffing he gave Manley on KBI Agent Jason Diaz during the interview, which Newsome said was unnecessary.

Bellendir’s daughter, Audrey Bellendir, testified as well, describing Aug. 10, 2017. Her father had arrived at her house before the Great Bend Police Department. Bellendir had driven in from several miles north
of Great Bend.

In his testimony Thursday afternoon, Bellendir admitted he had thumped Manley on the head similar to something parents do when their child misbehaves. Bellendir said he had a long history with Manley,
which includes 55 arrest records since 1993.

“I made a mistake,” Bellendir said. “I wish it hadn’t happened. I had a momentary lapse in judgment.”

During cross-examination by prosecuting Attorney William Halvorsen, Bellendir was asked about prior acts of dishonesty, which Bellendir replied he didn’t recall any. Halvorsen brought up a specific act, and Hoeme objected and asked for a mistrial. The jurors were removed from the courtroom until the judge ruled that prior bad acts were not admissible.

The sheriff said he was frustrated with Manley being on his daughter’s porch because Nathan is a dangerous criminal.

The prosecutor also asked if Bellendir would be entitled to press charges against Manley if he had done the same thing.

“Probably,” Bellendir said.

Hoeme rested the defense’s case at about 3 p.m.

The jury was dismissed for the day. The trial will resume at 8:30 a.m. Friday. Jurors will receive additional instruction in the morning.