During District Attorney Brad Burget’s testimony Tuesday, he clarified to both counsels and the court that Whittington’s bond was raised to $150,000 during his magistrate hearing, but not by Boothe.

Burget said that the high bond amount was set by Judge Robert Jackson, who presided over District A and got the case because he was the duty judge that particular day.

At Whittington’s preliminary hearing in July 2004, Boothe determined that the state had probable cause to arrest Whittington and to detain him subject to bond.

Boothe testified that, upon reviewing court documents regarding the case, he was not the one who set the $150,000 bond amount.

Whittington spent 50 days in jail, because he was unable to make the $150,000 bond.

Boothe later reduced Whittington’s bond to $30,000.

Whittington’s suit also claims Maxwell, Boothe and then-District Attorney John Johnson had engaged in improper communication regarding Whittington’s criminal prosecution.

Judge Kathy Johnson testified Tuesday that in September 2006, she ruled Boothe and DA Johnson be recused from the case. Judge Johnson passed the Whittington case to the Attorney General.

“The public perception was not good, but it had nothing to do with the facts of the case,” Kathy Johnson said.

The charges against Whittington were quashed in September 2007 because two years had passed and prosecution had not moved forward.

In his Tuesday testimony, Burget also refuted statements made by former Assistant District Attorney Ronnie McMillin during McMillin’s Monday testimony..Burget clarified that he, not McMillin, received Whittington’s case first. McMillin said the opposite Monday.

Burget claimed that while a District A judge, which McMillin represented at the time, originally heard the magistrate hearing, the case was then handed to District B by allotment of the clerk of court’s office.

McMillin also testified that after the Whittington case was transferred to Burget, Maxwell would frequently visit the district attorney’s office for closed-door conversations.

But Burget disagreed with McMillin’s statements Tuesday.“I don’t recall sheriff Maxwell ever coming into my office, closing my door and having conversations with me, let alone about the Jim Whittington case,” Burget testified Tuesday. “I had one meeting with Maxwell in his vehicle on the way to lunch.

“He was curious as to why I wasn’t trying the case. I told him I wasn’t sure about the case. He said I think it’s a felony; I said I think it’s a misdemeanor, sheriff, and that was the end of it.”

Former Assistant District Attorney Andy Magoun also testified Tuesday and answered questions that focused on the 2003 election campaign.

Through several questions regarding the campaign, Whittington’s attorney, revealed that Magoun supported Lipsey during the sheriff’s race, which he suggested caused some friction in the district attorney’s office.

“I had a discussion with Maxwell and told him I wasn’t supporting anyone publicly,” Magoun said. “Short of that discussion, Glen was my friend, and I support my friends.

“The only other way (Maxwell) would know who I supported would be through friends or around town.”

Linda Byrnes, a relative of Whittington, testified Tuesday. Byrnes reportedly purchased one of the rings Whittington had allegedly stolen.

Reporter Joey Martin of the Concordia Sentinel also testified Tuesday.

Martin testified that the majority of the ads Whittington ran in the Sentinel during his campaign for sheriff were more negative in nature, rather than presenting a political platform.

“Most of them, I guess you could say, were attacking Sheriff Maxwell,” Martin said. “(Maxwell’s) were more regular campaign ads.”

Court proceedings will resume at 9 a.m. today and are expected to finish today.