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Elkhart man asks for lawyer back after asking to represent himself

Hervey Clanton's jury trial continued this morning in circuit court.
Posted on Jan. 29, 2013 at 12:00 a.m.

GOSHEN — A jury trial continued in Elkhart Circuit Court Tuesday morning for an Elkhart man facing multiple charges.

Hervey Clanton is charged with two counts of dealing in cocaine, three counts of child neglect and one or possession of a firearm by a serious violent felon.

Clanton was arrested June 13 at 1212 Midtown Court, Apt. 84, after officers from the Drug Unit, Uniform Division and Community Affairs Bureau conducted a short-term investigation that led to Clanton’s warrant.

During the search warrant, police learned three children lived in the residence, where police found scales, a small amount of off-white powder that later tested positive for cocaine and a loaded handgun.

On Monday, jury selection was held in the morning and lasted until about 2 p.m. It was followed briefly by opening statements. Two witnesses, Detective Jeff Eaton and a source who acted undercover when the Elkhart Drug Unit conducted controlled purchases.

Clanton stated Monday evening that he wished to represent himself. After signing a waiver of attorney and a demand to proceed pro se, he was appointed a standby defender.

This morning, however, Clanton told the court he wanted his attorney to be reinstated. His attorney, public defender Peter Todd, was appointed again to defend Clanton.

This morning also Chelsey Nusbaum was called to testify. Nusbaum, who lived in the apartment that was searched during the warrant was arrested the same day as Clanton and recently pleaded guilty to two counts of child neglect. She was released on Jan. 17.

During testimony, she denied knowing anything about Clanton’s alleged drug activity. She told the court Clanton did not live with her at the time, but he sometimes stayed over to sleep and he would look after their children.

Also called to testify was Cpl. Greg Harder, who was the handler of the source used to make controlled drug purchases. Harder talked about what the process of controlled drug purchases entails. He also gave a description of the search warrant that was conducted in Clanton’s case.

Trial continues this afternoon with testimony from other witnesses.




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