By TIM UNRUH

Salina Journal

BELOIT -- Members of Ben Gericke's family expressed "shock" Friday that he was charged with murdering his 11-month-old child in July.

Family members, who released a statement Friday written by Ben's sister, Angie Gericke, of Mankato, also have no idea how Stevie Dawn Mull died July 23.

"I just know my brother loves that baby, and I don't believe with one ounce of my being that he would have done anything to hurt that child," Angie Gericke said.

Mitchell County Attorney Jess Hoeme would not confirm Friday the name of the child, who was listed only as "SM" in court documents.

"I'm just not going to identify the child victim," Hoeme said Friday.

Stevie's mother, Amie Mull, 22, of Scottsville, confirmed that her daughter is the victim in the case, but on the advice of an attorney, she would not discuss what happened.

"It has not been released to the public yet," Amie Mull said. "I believe with all my heart that Ben is innocent."

Hoeme would not provide any details of the case, which was built through an investigation and inquisition that began July 23.

"I can't comment on any of the evidence. I will not do anything to interfere with the investigation or prosecution," Hoeme said.

Hoeme, who decided in early October to pull out of a campaign for re-election, said he will remain a part of the case until he leaves office in January, when his term expires.

When he leaves office, Hoeme said, the case "will be in good hands." The Kansas Attorney General's Office will continue to be involved, he said.

Hoeme said the inquisition, which gives investigators "subpoena power" through the courts, was authorized on the morning of July 23, and "was an intricate part of the investigation."

Shuffling the attorneys

Gericke, 22, was charged Tuesday with first-degree murder and felony child abuse.

He turned himself in at the Mitchell County law enforcement center that day, and he is being held in the Mitchell County Jail on $750,000 bond.

At his first appearance Friday in Mitchell County District Court, Gericke was advised of the charges against him, said Angie Gericke, who attended the hearing.

"They were just pretty much explaining to him what's going on, what his charges were and making sure he understood that," she said.

Ben Gericke's preliminary hearing is set for 9 a.m., Nov. 10, Hoeme said.

The family statement was approved by Mark Noah, of Beloit, who represented Ben Gericke until he was charged. Noah is a candidate for county attorney, and he said that if he's elected, he cannot represent or prosecute Gericke.

Attorney Paul Hickman, from the Public Defender's Office in Salina, was appointed to represent Gericke, Noah said.

Family members have been told not to discuss the case, including providing any speculation as to how Stevie Dawn Mull died. Neither Ben Gericke nor his attorney at the time have seen autopsy results.

"The only people who have it is the state. I have no idea why," Noah said.

On the statement from Gericke's family, Hoeme said, "This is not the first time that the family of a defendant thinks he's innocent, and he is, in fact, innocent until proven guilty. And that is my job."

n Reporter Tim Unruh can be reached at 822-1419 or by e-mail at tunruh@salina.com.

Join the Discussion:

Salina.com doesn't necessarily condone the comments here. Read our full online terms of service policy.

Ur Momma says....
Poo!!!!!!!! On!!!!!!! Him!!!!!!!
11/1/2008

---

Post a comment
Your best chance of getting your comment posted:

• No profanity
• Be civil
• Everyone is innocent until proven guilty.

Comment:

Poster:

Enter text seen above:

Read our full use policy.