It’s important that everybody understand that this isn’t a football game.Senior Judge Edward Bouker
Jury selection for Sheriff Brian Bellendir’s trial on a misdemeanor charge is set to get underway at 9 a.m. Wednesday in Barton County District Court. Supporters of Bellendir have indicated they will fill as many empty seats in the courtroom as possible throughout the three-day trial.
Bellendir is charged with “mistreatment of a confined person,” Nathan B. Manley. The prosecution alleges that on Aug. 10, 2017, Manley was detained in handcuffs by Bellendir, who spoke to him in a “vulgar, rude and/or angry manner” and struck him on the side of the head.
Manley, 43, is serving a prison sentence for a burglary and theft that occurred on Aug. 24, 2016, in Barton County. He was moved from the El Dorado Correctional Facility to the Larned Correctional Mental Health Facility on Nov. 1 so he could testify at the trial.
A public group on Facebook called “Support Your Local Barton County Sheriff” this week posted a request for supporters to wear blue shirts and fill the courthouse for the next three days. The administrator of the page has requested 150 people in blue to come after jury selection. Supporters were advised on the post that their shirts should not feature the name of the sheriff.
The possibility of an outpouring of support came up Tuesday at a pretrial hearing on motions and final details of jury selection. Senior Judge Edward Bouker said approximately 50 prospective jurors will be interviewed in the morning and 50 more in the afternoon. Twelve jurors and an alternate will be selected.
Bouker said he will warn the prospective jurors not to discuss the case. The public is welcome to attend the proceedings, but they should not carry signs or wear shirts with slogans or talk or react to what is going on in a way that might influence the jury.
“It’s important that everybody understand that this isn’t a football game,” he said, adding there are no cheerleaders or banners for opposing “teams.”
“There are some rules and I’ll set those out,” Bouker said.
Special Prosecutor William R. Halvorsen wondered if there might be people outside the courthouse with signs.
“I’m concerned that jurors as they come in be subject to some type of influence.”
Bellendir’s attorney, Jess Hoeme, said the defense has made no request for signs but he can’t control what others do.
“There’s an extremely large amount of support for Brian Bellendir,” Hoeme said. But, “we haven’t done anything to incite this discontent. I have no idea what is going to happen.”
“I don’t pretend to control Main Street,” Bouker said, but he does have control over the courtroom. People have their First Amendment rights as well as the right to attend the proceedings.
“I hope people understand,” he said. “It is fine for people to support someone, but we do have a process.”