That didn't happen, as Flood was back in Judge Jennifer Manley's courtroom Monday.
There is uncertainty over his status, but he wouldn't comment on it.
Whether it played a role in Monday's plea agreement is unclear.
Liane Shelter Smith faced a charge of involuntary manslaughter, but instead plead to a misdemeanor charge.
The judge said "how to you plead?"
Shekter Smith "no contest."
She faces 90 days in jail and a $500 fine.
The agreement includes testifying against others in the case.
Judge Manley added, " If you abide by the terms of the agreement, the charge of disturbance of a lawful meeting shall be dismissed by the prosecutor. "
Shekter Smith replied "yes your honor."
Special Prosecutor Todd Flood added, "her candor, candid and truthfulness to date has been refreshing and I don't see an issue that will arise."
Shekter Smith is the 7th person to take a plea deal in this case.
Patrick Cook is the only remaining defendant in the preliminary exam of the 4 DEQ officials.
His attorney says they are proceeding
It's possible Cook will be given a plea deal as well.
Flood wouldn't comment on that.
Both sides are expected back in court next week.