Arrest warrants for a Lawrence couple were rescinded because they didn't receive notice about charges filed a year-and-half after their original arrest.
A Lawrence couple who were arrested more than 19 months ago on drug charges were formally charged in district court Thursday, and prosecutors say charges were withheld until now because they were awaiting lab results.
Preliminary hearings are scheduled on Tuesday for Russell W. Moore-Kirk, 33, and his wife, Deborah R. Moore-Kirk, 43. Prosecutors waited until Nov. 14, 1997, to file the charges even though the two were originally arrested and released in May 1996.
A summons to appear in court was sent to the couple's last known address, but they have since moved and didn't know about their first appearance, originally scheduled on Dec. 30. Arrest warrants were issued that day and rescinded by District Judge Michael Malone on Dec. 31. Malone on Thursday rescheduled the appearance for Judge Robert Fairchild's courtroom.
Russell W. Moore-Kirk has been charged with three counts of using a phone to conspire or solicit a drug deal, two counts of selling marijuana, four counts of violating Kansas drug tax stamp laws, possession of marijuana, possession of marijuana with intent to sell, possession of drug paraphernalia and possession of methamphetamine.
All but the paraphernalia and possession of marijuana charges could result in a prison sentence if he is found guilty.
The charges result from alleged drug offenses on May 3, May 4 and May 10 in 1996.
Deborah R. Moore-Kirk has been charged with possession of marijuana, possession of drug paraphernalia and selling marijuana. Her charges result from alleged offenses on May 4, 1996.
The Moore-Kirks are free on bonds.
Douglas County Dist. Atty. Christine Kenney Tonkovich said the charges had been pending until results from the Kansas Bureau of Investigation laboratory were received by her office. The KBI routinely tests seized substances to determine if they are illegal. Tonkovich said the tests normally do not take that long; it's unknown what the delay was in this case.
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