The jury trial of former Sheriff’s Deputy Harold “Hank” Stellner took place on November 4th, 2024 at the Clay County Courthouse. Judge Merlin Wheeler oversaw six Clay County Jurors and one alternate chosen out of a pool of 45. The jury consisted of six women and one man.
Following the selection of the jury, Merlin delivered instructors to jurors stating they are not to communicate with anyone, even each other, regarding the trial.
Prosecutor Silversmith of the Kansas Attorney General’s office and Stellner’s defense attorney, Chris Joseph, agreed to limit evidence to five exhibits and three witnesses: Clay County Sheriff Alan Benniga, alleged victim Lisa Sullivan, and KBI Special Agent Crystal Hornseth.
Sheriff Benniga was the first witness called to the stand, after answering questions regarding his qualifications and Stellner’s employment dates, Benniga viewed Exhibit 1 with the jury, which was a video-only recording of the alleged incident. No sound was available. Benniga identified persons in the video as it was shown to jurors. He also testified that he originally watched the video after being told Sullivan had destroyed County property following the arrest.
Second Witness Lisa Sullivan testified that she was arrested the day of the alleged incident for Driving Under the Influence, she also testified her memory of the incident was blurry but she did not remember being physically combative, only verbally.
Following Sullivan’s testimony, Judge Wheeler called for a lunch break and the, the jury trial reconvened at 1 pm.
The jury then heard testimony from K-B-I special agent Crystal Hornseth, who interviewed Stellner, Sullivan, and others following the incident.
During her testimony, the defendant’s attorney, Chris Joseph, pointed out that during the interview, Hornseth told Sullivan that she was struck on the back, even though Sullivan had testified that she was intoxicated and her memory of the incident was blurry. Sullivan also testified she ripped down a shower curtain and broke a phone and trash can while in the cell. Sullivan also covered the camera with wet toilet paper several times over the course of the almost two-hour incident, bringing several officers back to the cell to remove the obstructions
Several other officers, including Deputy Luke Deneke, former corrections officer Jason Burwell, and Reserve Officer Paul Tessaro, also testified regarding their recollections of the incident in September of last year.
Defendant Harold “Hank” Stellner testified that Sulivan attempted to leave the cell and escape. However, that information was not included in his initial report.
In closing remarks, Judge Wheeler, the Prosecution, and the defense all reminded jurors that there are two separate counts: mistreatment of a confined person and battery. The state asked jurors to convince Stellner of both, while the defense pointed out that the jury had to decide if the incident included ill-treatment or abuse by Stellner. The jury started their deliberations at 3:32 p.m.
Following just under an hour of deliberation, a Clay County jury of five women and one man found former Sheriff’s Deputy Harold “Hank” Stellner NOT GUILTY on one count of mistreatment of a confined person and one count of battery.
In closing remarks, Judge Wheeler, the Prosecution, and the defense all reminded jurors that there are two separate counts: mistreatment of a confined person and battery. The state asked jurors to convince Stellner of both, while the defense pointed out that the jury had to decide if the incident included ill-treatment or abuse by Stellner.
