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March 12, 2013

Three appear in court for explosive

WHITLEY COUNTY — Three defendants jailed on several charges related to a live explosive device as well as drugs appeared in Whitley County District Court for their preliminary hearing Monday.

Lisa Ball, 49, Daniel Moeser, 44, and Jerry White, 35, all of the Canadatown community of Williamsburg, appeared before Judge Cathy Prewitt. All three are represented by Public Defender, Attorney Ron Findell.

The three were arrested March 1 by the Williamsburg Police Department after a probation officer discovered an active meth lab at the Nanny Hubbard Road residence, according to Chief Wayne Bird.

That officer asked for assistance, and K-9 Officer Brandon Prewitt came to do a search of the home — and that’s when they discovered an explosive device, according to Bird.

Once their case was called forward Monday, the three handcuffed defendants came out from the holding area, Ball sporting a crutch.

White was quickly admonished for attempting to speak to someone in the gallery.

Some discussion concerning representation occurred, and the court decided to continue the hearing to March 25.

According to Whitley County Attorney Bob Hammons, Findell explained in court he could not represent the three defendants in this case, adding that the trio needed conflict lawyers — which was why the case needed a continuance.

Immediately after that discussion, Findell then began to make a motion for Ball’s bond be reduced because of health issues.

However, before that got too far along, Hammons threw his hands up and interrupted in a loud voice, “Whoa, whoa.”

Hammons said he objected to that motion because Findell had just explained he could not represent the three defendants.

“(These are) serious charges,” Hammons said.

Prewitt added that parole officers and other law enforcement had “walked into the middle of this.”

Prewitt then turned to Ball and asked where her 17-year-old daughter was staying.

Ball said her daughter was staying with a sister, Margaret Ellis, of Williamsburg, who she explained had previously been granted custody.

Ellis was in court with the 17-year-old Monday, and Prewitt addressed them, asking specifically why the 17-year-old was not in school.

“I wanted to see if (the defendant) was going to jail,” the juvenile female said to the judge.

All three were remanded back into custody, and Findell led the family out of the courtroom, the 17-year-old in tears.

Ball and Moeser both remain jailed in the Whitley County Detention Center under $50,000 cash bonds each.

They each face charges of first-degree wanton endangerment, their first offense of manufacturing methamphetamine, and first-degree trafficking in a controlled substance, first offense, two grams or more of meth.

White also remains jailed at the Whitley County Detention Center. He faces those same charges, as well as receiving stolen property under $10,000. He is under two separate cash bonds — one for $50,000, the other for $7,500.

No one was injured from the explosive device.

The Kentucky State Police Bomb Squad and agents with the London office of the Bureau of Alcohol, Tobacco, Firearms and Explosives were called to defuse the device.

Three nearby homes and eight people were evacuated while officials worked.

Bird said the device, which was successfully defused, was an ammonium nitrate-based explosive.

Bird said police have been to the home before to investigate complaints about meth labs. The last time police were at the home about two months ago, Moeser had fled.

According to court records, there is a case between Ball and Moeser which has no new court date,  and two other cases against Moeser.

Records state Moeser has a status hearing scheduled for Nov. 4, and a jury trial for another case set for May 29.

Moeser was indicted in September 2011 for possession of a firearm by a convicted felon, as well as carrying a concealed deadly weapon. He was then indicted in May 2012 for first-degree trafficking in a controlled substance and manufacturing methamphetamine.

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