Judge drops contempt hearing for Misty Noel, ending her criminal case

LOUISVILLE, Ky. (WDRB) -- The criminal case against Misty Noel is now officially over.

Noel, the estranged wife of former Clark County Sheriff Jamey Noel, pleaded guilty July 3 to five counts of theft and five counts of tax evasion, the original charges filed against her.

During a hearing in May, the prosecution and defense presented a conditional plea deal. As part of the plea deal, Misty Noel would plead guilty, repay $660,806.64 in restitution to New Chapel EMS and $29,547 to the Indiana Department of Revenue, and serve up to six years — 18 months in prison followed by 4.5 years of probation.

After accepting Misty Noel's plea deal — sentencing her to 18 months in prison, followed by 4.5 years of probation — July 3, Judge Larry Medlock called the case "an assault on the trusting citizens of Clark County." She was led out of the courtroom and taken Harrison County to begin serving her prison sentence within the Indiana Department of Corrections.

But days later, Medlock accused Noel of providing false testimony at the change of plea hearing held in May, and ruled Noel's comments made in a television interview prior to her sentencing amounted to her "telling the world that she did not 'knowingly and intentionally' commit the crime of theft.

"The Court cannot find an individual guilty if they profess and maintain their innocence," Medlock wrote, saying that a jury will instead have to make that determination.

As a result, he scheduled a contempt of court hearing for Aug. 12.

The next week, Noel filed several motions stemming from those accusations that prompted the contempt of court hearing. One of the motions asked that the hearing—where she would be asked to argue that her comments were not in contempt of court and did not contradict her guilty plea in the case—be remanded, meaning not held. The filing argues Noel was not under oath when she made statements of innocence, which she argues were taken out of context.

Another motion asked for a new judge in the case, calling Medlock biased over his attendance of the auction for Jamey Noel's vehicles in May. A third motion asked for Medlock's contempt order to be dismissed, arguing her news interviews did not violate her plea, arguing she made "out-of-court and unsworn statements" in them. The order claims the contempt order "fails to identify what order the defendant is alleged to have violated, how her interview is contemptuous and fails to comply with controlling law."

Monday, Noel withdrew those motions.

Tuesday, Medlock ruled Noel had a right to free speech in the interview, and decided not to pursue any additional questions about it. That means the hearing scheduled for next Tuesday, Aug. 12, has been canceled.

In his ruling Medlock wrote that in order to reach "a just determination as to whether" or not Noel's comments constituted false testimony "or statements inconsistent enough to raise questions about the validity of her guilty plea," would require more court proceedings that would be lengthy and arduous.

"The effect of this could create yet another burden to the taxpayers of the State of Indiana and to the citizens of Clark County, who have already been greatly harmed by Ms. Noel's crimes against them," Medlock continued.

The judge added that Noel "should have listened to the advice of her counsel regarding any statements made to the public," but that the court was not aware of what "advice or direction" Noel received from someone "who, in the court's opinion, should not have provided advice to Ms. Noel regarding making statements to the public about a matter pending before the court."

"For this reason, the court does not believe that it can punish or hold Ms. Noel in contempt for following misguided advice from someone other than her lawyer," Medlock wrote.

At Jamey Noel's sentencing last October, he said his family, including his wife, had no idea of his illegal activity. Jamey Noel was sentenced to 12 years in prison and ordered to pay millions in restitution after pleading guilty to 27 felonies for theft, obstruction of justice, tax evasion, money laundering, corrupt business influence and official misconduct.

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