Private investigator sought for Nemaha County rape case

AUBURN – Nemaha County prosecutors are objecting to a defense motion to hire a private investigator in a sexual assault case against a 35-year-old Auburn man.

In August, Nemaha County Public Defender Keith Kollasch asked to withdraw from the case. The court then appointed attorney Steven Mercure.

The defense filed several motions asking the court to order the state to disclose contact information for witnesses, a transcript of a preliminary hearing in March and to inspect phones and computers seized by the state.

On Sept. 17, the defense asked to employ Palladin Consulting Group at county expense.

The  defense says the private investigator is needed  to interview and perform background checks on state endorsed witnesses, including 10 law enforcement officers.

Prosecutors object to the motion saying the services of a private investigator are not needed for a plausible defense in this case.

The state claims the witnesses are nearby and available to be interviewed by the defense. The state says there is no time deadline that would prevent the defense from completing interviews.

Prosecution: “A reasonably competent defense attorney would not require the assistance of a private investigator if the defendant in this case was a paying client.”

Judge Julie Smith has taken the issue of court-reimbursed for investigative services under advisement.