The Newton County Courthouse was in lockdown mode Wednesday, March 10, as local law enforcement called for workers to leave their offices before the arrival of Federal prisoner David Middleton for a circuit court hearing before Circuit Judge John Putman. Officers of the Drug Enforcement Agency and Arkansas State Police escorted Middleton into the courthouse and stood an armed guard outside on the rear perimeter of the building during the morning hearing.

On Thrusday March 18, 2010 in Boone County Circuit Court,  filings in the case of David R. Middleton show that a motion has been made to “joinder”  the cases of David R. Middleton, his daughter, Tracy Waits and his brother Rick L. Middleton, individually charged in the allegations that they conspired to commit kidnapping, commit first-degree escape, and to intimidate a witness.

 Definition of Joinder~is a legal term in criminal law which refers to the inclusion of additional counts or additional defendants on an indictment. Charges for any offense may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offenses of the same or similar nature. A number of defendants may be joined in the same indictment even if no single count applies to all of them, provided that the counts are sufficiently linked. The judge retains the option to order separatre trials.

The motion was made by Waits’ and David R. Middleton’s attorney, Mark J. Mobley of the Mobley Law Firm.

Waits and David R. Middleton are set for pre-trial hearings on April 7. The motion contends that the same charges are arising out of the same alleged conduct on Rick L. Middleton. Rick L. Middleton is scheduled for pre-trial hearing on March 31.

The motion reada that Due to the exact allegations, witnesses and facts surrounding the defendants’ case, we move the court to continue the defendant Rick L. Middleton’s case and join the case with Tracy Waits and David R. Middlton.

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