Kimball City Councilman Scott Haun appeared in court at the Scottsbluff District Courthouse in Gering on Monday, February 13, for a pre-trial conference hearing. The Kimball resident was arrested last year on charges of first-degree sexual assault of a Scottsbluff boy, which is considered a Class 1B felony.  According to reports, the teen is mentally disabled.

Haun was present at the pre-trial hearing with his attorney, Donald Miller of Sidney.

At the pre-trial hearing, testimony was presented by Scotts Bluff County deputy sheriff Jeff Chitwood and plain clothes investigator, Rick Spencer of Scottsbluff, who works with the sheriff’s department.  The initial investigation of Haun began after complaints from the boy’s mother filed a complaint of sexual assault and named Haun as the perpetrator.

Three days later on September 7, 2011, Chitwood and Spencer showed up at Haun’s then place of employment, the Jolliffe Funeral Home, to question him about the allegations. Before getting out of his vehicle, Spencer turned on a tape recorder, which he had placed in his pocket, to record the conversation about to take place.

Spencer testified at the pre-trial hearing that he was not aware whether Haun knew he was being taped during the interview. The Kimball city councilman was advised at that time by the investigators that he was not under arrest and that they were just there to speak to him about the allegations.

During this initial interview, Chitwood, asked Haun if he would be willing to take a polygraph.  Haun agreed to the test and willingly drove himself to and from the test, which was performed at the Nebraska State Patrol office in Scottsbluff.  Chitwood had Haun sign a polygraph advisement and a waiver of his Miranda rights before he was given the polygraph on September 15.  It was later reported that Haun had failed the test.

Nebraska State Patrol investigator Brian Eads also testified at the pre-trial hearing Monday.  Eads told the court that he attended the polygraph procedure with Haun, explained to Haun the forms that he would be signing to waive his Miranda rights and the polygraph advisement forms.

Attorney Miller stated that the forms should have been separate.

Haun’s attorney also insinuated that Chitwood, because of his six foot stature and the fact that he wore his uniform with a gun, he may have intimidated Haun into talking and taking the polygraph.

Miller went on to ask several questions to the different officers in regards to the initial investigation of Haun in September of 2011. His inquiries seemed tied to the alleged inadvertent intimidation. To Eads, the NSP investigator, he asked, “Did you use your knowledge of Haun’s wife, Angie Haun, to pressure Haun into providing information?”  Eads did admit that he would not offer any information to Angie regarding Haun’s statements about the case, but that he did not use that as “an angle” to intimidate Haun for information.

During another interview that took place last fall, Haun was placed in a room and questioned while another officer sat behind a two-way mirror watching the interview. Even though it was made clear by the officers that he was never under arrest, Haun believed, according to his attorney, that he was unlawfully detained and that he was coerced into giving statements.

The mother of the boy allegedly assaulted by Haun was present at the hearing, but did not give testimony. A jury trial will be scheduled for April.