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As the McCune animal cruelty case begins, another animal cruelty case ends.
County attorney Michael Gayoso dismissed the appeal in the case of Andrew Romanzi.
Romanzi, rural Pittsburg, was originally accused of four counts of animal cruelty for a situation involving English bulldogs found in Romanzi’s freezer.
Courts had dismissed all charges with prejudice, prohibiting the state from refiling the case. The charges were dismissed because of a violation of Romanzi’s right to a speedy trial, which came because the county attorney’s office failed to bring Romanzi to trial within 180 days of his first appearance.
Then-Crawford County Attorney John Gutierrez filed a motion to reconsider, which was rejected by the judge.
Gutierrez then filed a formal appeal through the Kansas Court of Appeals. He filed a brief on October 1, 2008, with the court related to the case.
The defense for Romanzi did not respond to the brief. In November, Gutierrez was defeated in a close election by Michael Gayoso.
Gayoso, now county attorney, said he reviewed the transcripts, documents and testimony related to the case and filed for a voluntary dismissal of the case on Jan. 26. The dismissal was granted on Jan. 29.
“There was a lot behind that decision,” Gayoso said. “It pained me to do it. I want to see Romanzi face a trial and a jury. Unfortunately, the prior administration screwed up and had no reason for it. That’s why I felt I had no basis to continue with the appeal. I’m bound to make sure anything I file in district or appellate court has a good-faith basis to proceed. We determined the state did not have good faith to proceed with the appeal.”
Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.
As the McCune animal cruelty case begins, another animal cruelty case ends.
County attorney Michael Gayoso dismissed the appeal in the case of Andrew Romanzi.
Romanzi, rural Pittsburg, was originally accused of four counts of animal cruelty for a situation involving English bulldogs found in Romanzi’s freezer.
Courts had dismissed all charges with prejudice, prohibiting the state from refiling the case. The charges were dismissed because of a violation of Romanzi’s right to a speedy trial, which came because the county attorney’s office failed to bring Romanzi to trial within 180 days of his first appearance.
Then-Crawford County Attorney John Gutierrez filed a motion to reconsider, which was rejected by the judge.
Gutierrez then filed a formal appeal through the Kansas Court of Appeals. He filed a brief on October 1, 2008, with the court related to the case.
The defense for Romanzi did not respond to the brief. In November, Gutierrez was defeated in a close election by Michael Gayoso.
Gayoso, now county attorney, said he reviewed the transcripts, documents and testimony related to the case and filed for a voluntary dismissal of the case on Jan. 26. The dismissal was granted on Jan. 29.
“There was a lot behind that decision,” Gayoso said. “It pained me to do it. I want to see Romanzi face a trial and a jury. Unfortunately, the prior administration screwed up and had no reason for it. That’s why I felt I had no basis to continue with the appeal. I’m bound to make sure anything I file in district or appellate court has a good-faith basis to proceed. We determined the state did not have good faith to proceed with the appeal.”
Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.
