Judge disqualifies prosecutor from case

Nursing home theft case must be re-assigned to avoid appearance of impropriety

By TERESA RESSEL
Daily Journal Staff Writer

FARMINGTON — The St. Francois County Prosecuting Attorney’s Office has been disqualified from a case that involves the theft of jewelry from two nursing home patients.

A St. Francois County Grand Jury indicted Kathy Ann Zahn Chapman, 29, of Bismarck, on two felony charges of second-degree robbery and two misdemeanor counts of elder abuse.

On Friday, her public defender, Samuel Moore, asked Circuit Court Judge Sandy Martinez to disqualify the prosecutor’s office because one of the woman’s former attorneys, Jarred Mahurin, is now an employee of the prosecutor’s office. Mahurin was hired in September as an assistant prosecuting attorney.

Moore said as her attorney, Mahurin had an opportunity to obtain confidential information and case law is clear that the case should be re-assigned to avoid even the appearance of impropriety.

The judge assigned the case to the Madison County Prosecuting Attorney’s Office. The case was passed to Dec. 5 for a motion to continue her trial, which is scheduled Jan. 7.

Chapman is accused of stealing three rings from the hands of two patients of a nursing home where she worked. The charges allege she removed the rings from the women’s fingers.

Chapman has previous convictions for multiple counts of passing bad checks and one misdemeanor count of making a false report.

In other cases, Travis Ward, 22, of Bismarck, was placed on a new term of five years of supervised probation after admitting to violating a term of the probation he received for possession of a controlled substance and possession of a meth precursor drug.

He was ordered to serve 30 days of shock time in the county jail and complete an outpatient drug treatment program. He was placed on electronic monitoring.

Paul M. Elliott, 27, of Park Hills, was sentenced to eight months in jail for misdemeanor driving while intoxicated and driving with a revoked license.

Judith Lancaster, 44, of Farmington, was placed on five years of supervised probation for possession of a chemical with intent to create meth. As part of the plea agreement worked out by her attorney and the prosecutor, several other drug-related charges including a trafficking charge were dismissed.

Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com .

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