ELKHART — Trial dates were set this afternoon, Friday, April 15, for the three individuals indicted by Kosciusko County Grand Juries in December 2015 and January 2016.

Individually Mark Soto, Aaron Rovenstine and Kevin Bronson appeared before Special Judge Evan S. Roberts, in Elkhart Superior Court 1. It was during the status conference hearing for Soto it was learned the special prosecutor, Nelson Chipman, intends to try Soto and Bonson jointly. However, Soto’s defense attorney Scott Lennox asked the court to reserve the right to file separation of the cases once he goes through the large amount of discovery just received.

At this point, Soto and Bronson have jury trials set to begin Tuesday, Dec. 13 and continue Dec. 20-21 if necessary. Rovenstine’s jury trial has been set to begin Feb. 7, 2017, and carry over to Feb. 14 and 15, 2017. Rovenstine’s counsel noted he anticipates several weeks for the trial. It is unknown at this time whether the cases will be heard in Kosciusko County or in Elkhart Superior Court 1.

Roberts stated he was not sure of the courtroom space in Kosciusko County, or the courts’ calendars. Michael Miner, special counsel for Rovenstine, did inform the court there is an extra courtroom, not occupied by a judge, which has been used to hear cases if a regular courtroom is needed.

The next court date set for the three is an omnibus hearing date of June 13. A status conference date of 1 p.m. Dec. 1 was set for Soto and Bronson. For Rovenstine the final status conference date was set for 1 p.m. Jan. 26, 2017. The final status conference dates will acknowledge the trial settings and be the final time any plea agreements will be accepted.

Motions Filed

During Soto’s hearing it was noted Kosciusko County Public Defender Jay Rigdon had filed a motion requesting grand jury testimony be opened in regards to an unrelated case involving Andru Hicks. Neither attorney was familiar with that case. Lennox stated, as he works with the public defender’s office, he believed Rigdon felt the grand jury testimony would be beneficial in the case. It was noted Warsaw Police Detective Paul Heaton, who was involved with the grand jury information, was involved in the Hicks case. Further research will be done on the matter.

Chipman stated in relation to the joining of the cases, between Soto and Bronson, the charges were filed together and they were named co-defendants, even though Soto was not named in all the charges. Chipman felt it was a clerical error in filing the cases. Lennox argued it was premature for him to make any request but noted if there was a motion filed for joining the cases he may file the proper motion to separate. “It’s premature to make any decision,” he stated.

During Rovenstine’s hearing a motion had been filed, by fax, to obtain a jury pool from one or two contiguous counties. James Voyles, counsel for Rovenstine, objected for the record, stating his client’s constitutional right is to be tried in the county where the alleged crime was committed and the statute allows the judge to bring a group from a different county if no impartial jury can be impaneled. “The defendant is entitled to have a jury in his county. I’d like the opportunity to provide legal analysis and memorandum,” said Voyles.

The judge gave the defense 30 days from today to file a brief and the state 15 days after that to submit a response before any ruling is given.

Discussion was also held regarding the willingness of the court to go beyond 5 p.m. for the trial, with an 8:30 a.m. start time. Roberts noted trials have been known to go until 8-9 p.m. but his concern was more for the jury than those on the witness stand.

Bronson, who had been transferred from Marshall County Jail to Elkhart County Detention Facility, for the hearing, made a request to remain at the Elkhart County facility. When asked why he was at Marshall County Jail, Bronson responded “I have no idea, but I want to stay in Elkhart.” The judge ruled Bronson could remain in Elkhart County until his sentence is served in a Kosciusko County case and the trial is concluded or bond is posted on the grand jury indictment charges.

Additionally the state filed a habitual offender enhancement charge with the court. As with Soto’s case, Eric Kinsman, court appointed counsel for Bronson, reserved the right to further object should the trial of Soto and Bonson be joined.

Chipman stated following the hearings the defense counsels felt the state should file a motion to join the cases and his position was if the defenses wish to have the trials separated, a motion to separate needed to be filed.

It was also ruled all matters would be filed first through Kosciusko County with an electronic copy sent to Roberts.

Throughout all three hearings Roberts noted he had no details in his file regarding the case and asked attorneys to explain items, which may have been filed.