An unusual development in Cass County case. A felony child abuse case in which the charges did not advance from county court is now in district court. The defense predicts the case won’t go anywhere in Cass County District Court either.
Last month, charges against 51-year-old Kimberly Plymale of Beaver Lake—felony child abuse and a misdemeanor of not reporting child abuse—failed to be advanced by county court judges.
The Cassgram reports Plymale was in district court this week. Special prosecutor Bill Tangeman of the Nebraska State Attorney General Office went the out-of-the-ordinary route of asking for a preliminary hearing in district court through a direct filing.
Cass County District Court Judge Randall Rehmeier is assessing the options that would have to involve another district judge since he could not reside at both the preliminary hearing and a trial, if there would be one.
Defense attorney James Martin Davis said there is no probable cause for the charges to be in district court. Davis said two county court judges—Judge John Steinheider who recused himself, and Judge Robert Wester who “kicked the case”—could not find enough evidence for the case to advance. “They (the prosecution) are trying to get three bites out of the same apple, judge,” said Davis.
Since the court process is not fully determined, Rehmeier did not ask for a plea from Plymale yet.
The Cass County Attorney’s Office is not handling the case because Plymale’s late husband, 78-year-old William Plymale, who faced four counts of first degree sexual assault of a child at the time of his death January 23rd of this year, had been a part-time employee of Cass County. Tangeman had also been the special prosecutor in William Plymale’s case and has said the charges against Kim Plymale tie in to the case that involved her late husband.