Arraignment of Schmitz

SCHMITZ, BERENDES, KAUFFMAN, SCHOENTHALER, JANSSEN, GUTHEIL, SWEENEY, BURRIS

Posted By: Anne Hermann (email)
Date: 12/12/2008 at 08:05:49

Jackson Sentinel
June 14, 1969

Arraignment Proceedings Are Again Postponed

Arraignment proceedings for Richard E. Schmitz of Dubuque, charged with the April 16 murder of Bellevue Police Chief Earl Berendes, were again postponed.

Arraignment was originally scheduled for Tuesday, June 3 but was continued until 9:30 a.m. Friday, June 13, as David Schoenthaler, court appointed attorney of Schmitz, asked for additional time to enter a plea.

On Friday, Schoenthaler moved to set aside the county attorney’s true information, as the endorsement on the information was not signed by the county attorney as is required by the Code of Iowa. The endorsement carried Kauffman’s typed signature, said Schoenthaler.

Presiding District Court Judge Arthur Janssen said he would take the motion of the defense council under advisement; and County Attorney Ralph Kauffman asked that sufficient time to examine the matter – “whatever time the court deems reasonable” – be given the prosecution.

Judge Janssen set 10 a.m. Tuesday, June 17 as the time for argument on Schoenthaler’s motion. Schoenthaler asked that the record show that he requested the hearing be held when a court reporter is present. Court reporter Kenny Gutheil will be on vacation next week, said Janssen, who stated that only oral arguments will be held on June 17 and that he felt more postponement would only delay the date of a forthcoming trial.

William Patrick Sweeney was scheduled to appear at 1:30 p.m. for rearraignment with his court appointed attorney, Douglas Burris. Burris indicated a similar request would be made in Sweeney’s behalf.

The arraignment proceedings were scheduled as a result of filing of true information by County Attorney Ralph Kauffman on June 3.