LOUISVILLE, Ky. (WDRB) -- Misty Noel is now withdrawing motions filed last month in her theft and tax evasion case, including the one trying to get a new judge.
Noel is withdrawing her requests for a new judge, for an Aug. 12 contempt of court hearing to be remanded and for the judge's contempt order to be dismissed.
The requests were filed last month after Special Judge Larry Medlock accused Noel of providing false testimony at a recent change of plea hearing.
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.
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. During that hearing, Noel will be asked to argue that her comments were not in contempt of court and did not contradict her guilty plea in the case.
Noel argued in her filings the news interviews did not violate her guilty plea as she was not under oath when she made statements of innocence, which she argued were taken out of context.
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.
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.
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. At his sentencing last October, Jamey Noel said his family, including his wife, had no idea of his illegal activity.
The Aug. 12 contempt of court hearing for Misty Noel is still scheduled.
Previous Coverage:
Misty Noel asks court to dismiss contempt order, requests new judge in theft case
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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