Common Law No. 23: the judge reads Chinese

Sept. 16, 20098:30 a.m.

We’ve seen several defendants on Common Law receive probation instead of going to prison. But as public defender Lacy Gilmour explained, just because you get out of jail, that doesn’t mean freedom. Justin Kelly was lucky to get out, after skipping court last month. Judge James Fleetwood doubled his jail time, should he violate his probation. Kelly also learned when you show up for court with a Chinese tattoo, make sure the judge can’t read it. (Watch video after the jump) Read More »

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

July 23, 20087:18 p.m.

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

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