Prosecutor, defense attorney want to resolve Allison Schumm's aggravated battery case without a trial
In past two days, criminal cases of Schumm and city councilman husband have been postponed
By Steve Fry
steve.fry@cjonline.com
A Shawnee County prosecutor and Allison Nicole Schumm’s defense attorney made it clear Thursday they want to resolve her aggravated battery case without a jury trial.
The two sides are in negotiations in the criminal case in which she, along with her husband, Topeka City Councilman Jonathan Schumm, is charged with the aggravated battery of their son, attorneys told District Judge Cheryl Rios.
In the space of two days, proceedings in the cases of Allison Schumm and her husband, Topeka City Councilman Jonathan Robert Schumm, have been postponed about a month.
On Tuesday, the preliminary hearing of Jonathan Schumm, which was scheduled to be on Friday, was postponed.
When Allison Schumm next appears in court on March 15, the judge will learn whether prosecution and defense attorneys have reached a plea agreement or a diversion agreement in her case.
Allison Schumm appeared at the Thursday hearing with her attorney, Carol Cline.
Allison Schumm, 33, and Jonathan Schumm, 34, both of Topeka, are charged with one count each of aggravated battery and, as an alternative, abuse of a child, as well as four counts of endangering a child.
Assistant senior district attorney Matt Patterson told the judge the two sides had had several discussions “about what direction this case should take.”
The two sides are seeking to negotiate a settlement that doesn’t include a preliminary hearing or trial, Patterson said.
Cline agreed the defense also wants to resolve the case.
Allison Schumm’s preliminary hearing originally was to have been on Jan. 5, but that was postponed after she applied a day earlier for diversion in the case.
In diversion, a defendant applies to the district attorney’s office to enter a program in which he or she agrees to complete a series of requirements.
If Allison Schumm agrees to those terms, the charge will be dismissed, and she won’t have a conviction on her record.
The defendant entering diversion must be a first-time offender, and diversion is an option available only once.
Jonathan Schumm's case is next scheduled to appear in district court on March 24 during a docket to calendar cases.
District Judge Richard Anderson is handling the Jonathan Schumm case. The offenses are alleged to have occurred between Oct. 7 and Oct. 11 and on Oct. 31. The Schumms, who were arrested Nov. 19, were released from jail after bond was posted Nov. 20.
A court record alleges Jonathan Schumm struck his son with a belt that lacerated the son’s eye and hand, then choked the boy.
The district attorney’s office cited the alleged violence to the 12-year-old son when it filed an ouster action on Nov. 24 seeking to suspend Jonathan Schumm from office, then oust him.
The district attorney’s office alleged he “willfully engaged in misconduct” while a councilman, court records said. However, on Jan. 8, the ouster action was dismissed without prejudice, meaning it could be refiled.
Jonathan Schumm has characterized the ouster action as “an accusation that he was overly zealous in disciplining his children.”
Steve Fry can be reached at (785) 295-1206 or steve.fry@cjonline.com.
Follow Steve on Twitter @@TCJCourtsNCrime.