Cody Holum, (Carol Bryant, Central Nebraska Today)
GRAND ISLAND — A 17-year-old Doniphan male facing felony charges including human trafficking, first-degree sexual assault, and human trafficking pleaded not guilty to those charges Tuesday, Jan. 30, in Hall County District Court before Judge Andrew Butler.
Deputy Public Defender Vicky Kenney represents Cody C. Holum, 17, of Doniphan. Holum appeared in court Tuesday in striped jail clothing and was accompanied by two jail staff members. Hall County Attorney Marty Klein is the prosecutor.
Klein said after Tuesday’s hearing that no one else other than Holum is involved in the human trafficking cases.
Prior to Tuesday’s hearing, Klein had filed second amended charges against Holum that included a total of 48 charges: 10 felony counts of visual depiction of sexually explicit conduct, 11 felony counts of human trafficking of a minor, 1 felony count of child abuse, 1 felony count of terroristic threats, 16 misdemeanor counts of possession of child pornography, four felony counts of first-degree sexual assault, three felony counts of human trafficking, and two misdemeanor counts of third-degree sexual assault.
The charges that Holum now faces are either Class I or Class II felonies, Klein said. All of the other charges were set aside. Kenney filed an amended motion to quash charges against Holum on Jan. 30. That motion was approved Tuesday. Kenney wrote in that motion that “at the time of the offenses (Holum) was a juvenile who was 13 to 17 years old.” She continued, “the criminal court lacks jurisdiction to hear these counts.”
Kenney said in court Jan. 30 that she plans to file a motion by Jan. 31 to have Holum’s case transferred to juvenile court. A hearing to consider that motion will be at 9 a.m. Feb. 7, Judge Butler said in his courtroom.
Klein said after the hearing that Class I and Class II felony charges against Holum were not dismissed. With that, in reviewing the second amended charges against Holum, he is charged with 10 felony counts of human trafficking of a minor (Class IB felony), four felony counts of first-degree sexual assault (Class II felony), and three felony counts of human trafficking (Class II felony).
After Tuesday’s hearing, Klein said, “I do not want to see this case transferred to juvenile court.” Holum turns 18 on March 9 and would be under the supervision of juvenile court until he turns 19.
Klein said people who will testify at the Feb. 7 hearing for the prosecution include law enforcement and a licensed mental health practitioner.
Klein was asked after the hearing whether Holum has a previous record. “I’m not at liberty to say,” Klein said. The prosecutor said he did not want to tell what led to Holum being caught. Klein said if the case is transferred to juvenile court, he can refile charges against Holum.
The human trafficking of a minor charge states that Holum “knowingly recruited, enticed, harbored, transported, provided, or obtained, … by any means a minor; for the purpose of having such minor engage in commercial sexual activity, sexually explicit performance, or the production of pornography, or knowing the minor will be subjected to forced labor or services.”
The first-degree sexual assault charge states that Holum “subjected another person to sexual penetration without consent of the victim, or, subjected another person to sexual penetration and knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct.”