An Elwood judge has dismissed 15 misdemeanor cases after a deputy prosecutor failed to show up for scheduled court hearings.
Elwood City Court Judge Kyle Noone says he had no choice but to dismiss the cases after illness kept deputy Madison County prosecutor Rosemary Khoury from attending the March 22 hearings.
Noone tells The Herald Bulletin he took the action because, “the court has to carry on.”
Khoury says she told the court and the prosecutor’s office manager she was ill earlier on March 22 and tried to get someone to cover for her.
County Prosecutor Rodney Cummings says he would have attended the hearings if Noone had called him on his cellphone and alerted him about Khoury’s absence.
Cummings says he learned the next day she’d been ill.