SIOUX CITY, Iowa — A Sioux Falls man charged in connection with the death of his 14-year-old niece has waived his right to a detention hearing, opting to remain in federal custody.
After pleading not guilty to all charges late last month, defense counsel for Mark Milk filed a notice with the court on July 29 indicating that Milk would give up his right to contest prosecutors’ request that he remain in federal custody.
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Milk is charged in connection with the March death of 14-year-old McKenna Wendel, who was reported missing in Sioux Falls just days before her body was discovered in rural Brookings County. An autopsy determined that Wendel died as the result of a cocaine overdose.
A federal indictment handed down in Iowa accuses Milk of transporting Wendel with the intent of conducting criminal sexual activity, providing her with the cocaine that led to her death, attempting to obfuscate evidence that could be used against him and more.
The 52-year-old defendant appeared in a Sioux City courtroom on July 27, telling U.S. District Judge Mark Roberts that he had not yet spoken with an attorney prior to his appearance.
Defense attorney Peder Bartling told Roberts during an initial appearance that he would confer with Milk ahead of a July 30 detention hearing, where Milk would be given the opportunity to contest his detention by the U.S. Marshals Service.
After meeting with Bartling outside of the courtroom, Milk elected not to fight his detention.
By signing the court filing, Milk acknowledged that he will remain in federal custody, lodged at the Woodbury County Jail in Sioux City for the duration of his criminal proceedings. The filing also asked Roberts to cancel the detention hearing.
Prosecutor Forde Fairchild had requested the detention hearing, indicating that Milk’s criminal charges in South Dakota didn’t require him to remain behind bars. He said the federal detention is the only thing keeping Milk in custody.
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With Milk remaining in custody, it will be the responsibility of the U.S. Marshals Service to ensure Milk makes all future court appearances. A preliminary trial date was set for Sept. 28, though delays are possible.
Milk is scheduled to appear in a federal courtroom again on Aug. 24 for a pretrial motions hearing. As of Monday, prosecutors and defense attorneys have until Aug. 31 to file any motions related to any plea agreements, if such a deal were to be arranged.
A second defendant — Jon Rogness, of Brookings — is facing charges of conspiracy to conceal objects from federal proceedings and accessory after the fact. He’s set to be arraigned in Sioux City’s federal courthouse on Thursday, Aug. 6.