Special prosecutor Ric Hertel spoke of his intentions during a short hearing Tuesday afternoon which had been scheduled to discuss discovery materials in Jamey Noel’s criminal case. Discovery is information presented ahead of trial to let the parties know what evidence may be presented.
Police arrested Noel in November, and he was charged with 15 felonies including corrupt business influence, theft and ghost employment.
Misty Noel and others are listed in court filings related to the 24 known warrants served in her husband’s criminal case. In those documents, investigators sought information about Misty Noel including banking documents.
During the hearing Tuesday, Hertel asked Special Judge Larry Medlock how to proceed with any warrants or probable cause findings with any additional defendants, including Misty Noel. She was in the courtroom for the hearing.
Hertel is appointed as the special prosecutor in the entire investigation, which would give him jurisdiction over any additional defendants. Those defendants, however, could appear before a different judge.
“If [Misty Noel is] here today, and you wish to establish probable cause, I believe the statutes provide me the authority to order her arrest,” Medlock said.
However, Medlock said he could only have her detained for 48 hours under the current circumstances. The courts would also have to go through the process of appointing a special judge in any new criminal case.
Larry Wilder, an attorney defending Noel, took issue with Hertel’s discussion of charging Misty Noel in open court with news media present.
“[I find it] disheartening that this is how the government's approach to today's proceeding was – to issue a threat to our client's wife, in front of television cameras, and everyone sitting here about being arrested. That just doesn't quite sit well with me to even continue to go on and believe that we're going to have this case handled within fairness, equity, or with the rule of law being considered the way it should be.”
Hertel said he was not prepared to make a case for probable cause to Judge Medlock at this time, but was looking for clarification on the proper channel to do so.
Hertel did not say what the charges against Misty Noel may be. He also said there could be additional defendants. Formal charges have not been filed.
Noel’s trial is currently scheduled to begin May 6.
Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.
This story has been updated with additional information.
