Government asks to drop remaining charges against Commissioner Michael O’Donnell
Federal prosecutors are seeking to drop five charges that had Michael O’Donnell’s jurors split earlier this week.
A motion filed Wednesday by the U.S. Attorney’s Office asks U.S. District Judge Eric Melgren to dismiss two counts of wire fraud and three counts of money laundering. Jurors on Monday delivered “not guilty” verdicts for O’Donnell on 21 counts of wire fraud but couldn’t decide unanimously on five other charges, resulting in a hung jury. The jury’s decision came after five days of witness testimony in O’Donnell’s trial and about four hours of deliberation.
U.S. Attorney Stephen McAllister said in a written statement after Monday’s verdict that his office was evaluating whether to continue pursuing the case. Prosecutors were expected to announce their intent at a status conference scheduled for 11 a.m. Friday in Melgren’s courtroom.
The motion asks that the five counts be dismissed “without prejudice,” meaning they could potentially be refiled at a later date.
Reached by phone Wednesday night, O’Donnell said: “I’m glad that common sense finally prevailed. I’m just sorry that it came at such an expense to taxpayers and myself.” He also thanked jurors for their service.
The 34-year-old Republican commissioner was indicted last year on 26 counts alleging he misspent $10,500 in campaign contributions during his 2012 state senate run and his 2016 bid for Sedgwick County commissioner. The five counts the government is seeking to dismiss are connected to a pair of $1,000 checks drawn on campaign accounts that O’Donnell gave to two friends who immediately returned the money to him either in cash or by personal check.
This story was originally published March 6, 2019 at 8:05 PM.
