6th charge for man accused of taking 14-year-old to Colorado

By  | 

TOPEKA, Kan. (WIBW) -- Michael Scott Fitzgerald was arraigned Monday morning on a sixth charge of aggravated indecent liberties with a child (sexual intercourse) and stood mute when asked for a plea.

Shawnee County District Court Judge William Ossmann entered a not guilty plea on Fitzgerald's behalf.

The county grand jury filed the indecent liberties count, a felony, on March 28.

According to court records, the indecent liberties count is alleged to have occurred on January 24th, the same date Fitzgerald was arrested in Colorado.

Fitzgerald, 47, originally was indicted by the grand jury on Feb. 28 on the original five felony counts.
Fitzgerald was indicted on charges of electronic solicitation of a child 14-16, indecent liberties with a child, indecent solicitation of a child, aggravated interference with parental custody of a 14-year-old girl, and contributing to a child's misconduct (sheltering or concealing a runaway). The five charges are felonies.

On Monday, Fitzgerald remained in Shawnee County Jail in lieu of a $250,000 bond.

With the grand jury indictments, Fitzgerald won't appear in district court at a preliminary hearing, which is a public proceeding outlining the evidence in the case and in which the judge determines whether there is probable cause to believe a felony has been committed by the defendant and to bind over the defendant for trial.

At the arraignment, the complaint, information or indictment is read to the defendant, and the defendant is asked for his or her plea.

Fitzgerald was arrested on January 24th in Cortez in southwest Colorado, but didn't oppose extradition to be transported to Topeka.

Fitzgerald next is scheduled to appear in court on May 20.