Stephanie Croston

    The wheels are turning, but Rob Schroeder isn't collecting signatures yet.
     Schroeder, a resident of Seward, filed affidavits Feb. 27 to begin the recall process for County Sheriff Joe Yocum and County Attorney Wendy Elston.
     Schroeder held an informational meeting March 8 at the Seward Civic Center to explain his reasons for the recall attempt and to encourage the approximately 120 people who attended to make their voices heard.
     During his 15-minute presentation, Schroeder was interrupted several times by questions called out by sheriff's deputies and the chief deputy county attorney, Jennifer Stehlik Ladman.
     He told the crowd he filed the affidavits because "it's our right to hold our officials accountable."
     The affidavits ask for the recalls of Elston and Yocum "for ineffective, incompetent and unconstitutional actions" while performing their duties in the investigation into the disappearance and death of 11-month-old Trista Peterson.
     Trista's father, Lucas Peterson, led law enforcement to a shallow grave in Butler County April 12 where Trista's body was buried. He was charged with child abuse, death of a child and unlawful burial in May and pleaded not guilty May 14 in Seward County District Court.
     On Sept. 20, Jeffrey Pickens, Peterson's attorney, filed an amended motion to enforce cooperation agreement that said "the state agreed it would not charge defendant with any offense other than the crime of concealing the death of another person…if defendant helped Seward County deputies find Trista Peterson."
     The motion said the state's charges, both of which are felonies, violate that cooperation agreement.
     The agreement Pickens cited stems from an interview Seward County Sheriff's Deputies Dan Hejl and Mike Vance conducted with Peterson April 12, 2007. At that time, according to the transcript, deputies told Peterson if he helped them find Trista "we'll just charge you with a first degree misdemeanor" if it was found that the child's death was accidental.
     On Feb. 20, Seward County District Court Judge Alan Gless ruled that statements Peterson made April 12 through 17 should be suppressed because he had not been read his Miranda rights.
     Gless also ruled that Peterson's actions leading investigators to Trista's body should be suppressed because he agreed to take law enforcement to the child's body after he believed he would not face any felony charges.
     The Seward County attorney's office and the Attorney General's Office have until Thursday, March 20, to file an appeal of the judge's ruling.
     "If this had been handled right, we would not be in appeal. We'd be in trial," Schroeder said in the March 8 meeting. "They failed to make sure justice was served. I'm appalled by the mistakes in the investigation."
     Schroeder emphasized that the petition itself will not remove either official from office. Instead, if enough signatures are collected, the question of keeping Elston and/or Yocum in office will be placed on a ballot before the voters of Seward County.
     After the meeting, Dan Nantkes, a sheriff's deputy who was distributing an anonymous flyer called "The Real Truth," did not want to comment on the affidavits or the meeting. He said he did not know who wrote the flyer.
     Jennifer Stehlik Ladman, chief deputy county attorney, did comment, however.
     "I'm concerned that the people involved have all the facts. Not all the facts are out there," she said. "I think the sheriff and the county attorney have done an excellent job for the county."
     The flyer that was distributed to those attending said that Schroeder was distorting facts in the case in two instances and that "it's a shame that the sheriff's office can't defend themselves for fear of damaging the case against Peterson."
     Following the presentation, Schroeder said he would try to collect 3,000 signatures on the petitions. To put the county attorney on a recall ballot requires 1,603 signatures, while the county sheriff requires 1,718 signatures.
     "From all the response, I think obtaining the signatures is a very attainable goal," Schroeder said.
     Overall, he was pleased with how the meeting went.
     "Aside from the deputies heckling during the informational meeting, I thought it went well," he said, adding that the turnout was about what he expected.
     He will pick up the petition forms the week of March 18 and already has people lined up in the communities to take the forms around for signatures. Once he has the forms, he has 30 days to collect the signatures. Only voters registered in Seward County are eligible to sign.