Baxter Springs ? Criminal defamation charges filed against the publisher of this small southeast Kansas town’s newspaper and two others were dismissed Monday on a legal technicality.

Baxter Springs News publisher Larry Hiatt, columnist Ron Thomas and City Council candidate Charles How Jr. were charged in March with one count of criminally defaming the city clerk.

Municipal Judge Frederick Smith dismissed all the charges because the city did not obtain a special prosecutor in the 30 days agreed to during a hearing in April.

The charges stem from a column, written by Thomas, that criticized City Clerk Donna Wixon and mayoral challenger Art Roberts during city elections.

An advertisement, paid for by How, also attacked Roberts and mentioned Wixon. How eventually won a city council seat.

Hiatt said the fact that the charges were filed was “prosecutorial misconduct” on the part of city prosecutor Robert Myers because it was done to swing an election.

“I wanted the judge to come out and say this is a sham,” Hiatt said.

Myers cited a conflict of interest during an April hearing and asked for a special prosecutor. Myers did not return an Associated Press call for comment Monday.

The judge’s order allows the city to refile the charges if it obtains a special prosecutor.

Hiatt said his co-defendants felt vindicated by the decision, a feeling he did not share.

“If somebody else runs (for office) next time they don’t like, they will just do it again. That is why it is not a win for us,” Hiatt said.

“I didn’t want to lose the case, but I wanted the judge to dismiss it on the facts of the case — not because they didn’t follow up on their legal obligations. I am not at all happy with it.”