A six-member jury will decide whether an official of the controversial Westboro Baptist Church neglected her child and disturbed the peace during a protest in Bellevue two years ago.
Shirley Phelps-Roper appeared Wednesday in Sarpy County Court and asked that the charges be dismissed.
Douglas County Judge Joseph Caniglia, who is handling the case, denied Phelps-Roper's motion to dismiss the misdemeanor charges. Jury trial was set for Aug. 23.
If convicted, she could face up to 15 months in jail.
Caniglia is handling the case because all Sarpy County Court judges recused themselves after Phelps-Roper tried to sue one of them.
The charges stem from a protest in June 2008 at the funeral of a Bellevue soldier, during which Phelps-Roper's 10-year-old son stood on an American flag.
Members of the Topeka, Kan., church protest at the funerals of U.S. service members because they believe the deaths are God's retribution for the nation's tolerance of homosexuals.
Phelps-Roper said in 20 years of protesting across the country, she has never been convicted of a crime.
Prosecutors last month dropped charges against Phelps of flag mutilation and contributing to the delinquency of a minor. That's because a federal judge ruled that the state's flag mutilation law is unconstitutional.
“I have never had a child injured during a protest. This is what they've done their whole lives,” Phelps-Roper said.
In fact, during a 30-minute recess Wednesday, Phelps-Roper's 11 children protested near 84th Street and Highway 370.
Deputy Sarpy County Attorney Nicole R. Hutter said prosecutors believe Phelps-Roper “placed her child in a situation that could be dangerous and disturbed the peace of individuals in the community.”
Contact the writer:
444-1336, leia.mendoza@owh.com
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