LOUISVILLE, Ky. (WDRB) -- Weeks after pleading guilty to several felonies, Misty Noel is pushing back against the judge in her case after being accused of providing false testimony at a recent change of plea hearing.
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.
Last Monday, Special Judge Larry Medlock ruled Noel's comments in television news interviews ahead of 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.Â
As a result, he set an Aug. 12 contempt of court hearing to potentially throw out Noel's guilty plea and set a trial date.
Noel has since filed several motions stemming from the accusations that prompted next month's hearing. One of those motions asks 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.Â
One of the motions requests a new judge in the case, calling Medlock biased over his attendance at the auction for Jamey Noel's vehicles in May. According to court documents, the motion accuses Medlock of being seen in local news coverage "taking a video or photos of cars during the auction." The filing also accuses Medlock of becoming a participant in the auction when he "slammed his gavel four times upon the auctioneer repeatedly yelling sold (re-enacting the gavel busting time he found Jamey Noel in contempt)."
The motion goes on to accuse Medlock of having dinner with the auctioneer, claiming it indicated a "lack of judicial neutrality."
She also wants the judge's contempt order 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."Â
"You know, my crime is not asking questions and not being informed, and that is something that I'm very sorry for," Noel said in an interview with WDRB the day before she was sentenced. "But we were not willing, and I feel like that's ... there's a difference between being purposeful, because I would never hurt, willingly hurt people."
The hearing in which she is accused of providing false testimony was held in May. During the hearing, the prosecution and defense presented a conditional plea deal. As part of the plea deal, 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.Â
Noel's estranged husband, Jamey Noel, was convicted of stealing taxpayer money. He's currently serving a 12-year prison sentence.
At his sentencing last October, Jamey Noel 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.
Previous Coverage:
Date set for Misty Noel's contempt of court hearing to decide whether plea deal will be tossed
Misty Noel guilty plea could be set aside after she said she didn't 'knowingly' commit crimes
Misty Noel, wife of former Clark County sheriff, pleads guilty to 10 felony charges
Facing prison time, Misty Noel holds herself 'accountable' for corruption scandal
Jamey Noel Fallout | Corruption, betrayal and communities left in chaos
Former sheriff's crimes force property tax hikes, service cuts in Clark County
Former Clark County council member pleads guilty to 1 felony connected to Jamey Noel case
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