Daily Archives: July 23, 2008

Why do capital murder cases take so long to go to trial?

Sedgwick County District Judge Ben Burgess heard 13 pretrial motions this morning in the capital murder trial of Elgin Ray Robinson Jr.

While most public attention comes during a trial, it is preceded by months of sometimes complex legal arguments. Pretrial motions are an attempt to resolve legal issues, so the trial runs more smoothly. In capital murder cases, there are dozens of such motions.

That’s part of the reason why Robinson is still awaiting trial, more than two years after being charged with arranging the murder-for-hire of his 14-year-old girlfriend, Chelsea Brooks. She was nine months pregnant by Robinson at the time of her death. Ted Burnett went to trial earlier this year for strangling Brooks. He was convicted and sentenced to life in prison without parole.

Here’s just one of this morning’s arguments, presented in its entirety in three parts (the two Kansas Supreme Court cases cited involve defendants Gavin Scott and Gary Kleypas).

Defense lawyer Val Wachtel argues his motion to declare the death penalty cruel or unusual punishment under Kansas law: The response by prosecutor Kevin O’Connor: Burgess’ ruling

Jury returns guilty verdict in Riener case

A jury this morning convicted Scott Riener of attacking and injuring two police officers.

Testimony at Riener’s trial this week showed that he clotheslined a police officer who had chased him down by car, then by foot. The officer received 12 stitches. He had other medical complications from the injury after he was released from the hospital. Another police officer had earlier been dragged about 50 feet, when he had reached into the car during a traffic stop and Riener sped away.

The 6-foot-7 Riener had skipped out on parole a half dozen times. Because of his criminal history, he could be looking at a lengthy sentence when he returns Aug. 21 before Judge Rebecca Pilshaw.

The question is, when will Riener be up for parole next?