Terry McIntyre has waited more than a year for trial on rape and robbery charges. Now he'll wait some more.
McIntyre, 40, is accused of robbing Payless ShoeSource and raping a clerk in July 1999. He was scheduled to face trial Monday.
That was delayed Friday when he made an 11th-hour request offered, withdrawn, then offered again for independent testing of DNA evidence.
His new trial date in early December might delay proceedings in another high-profile case: Joshua Mattocks, accused of running over and killing John Lowe, a homeless American Indian, was scheduled for trial at the same time. Court officials did not immediately set a new trial date for Mattocks.
In court documents, defense attorney Jim Rumsey said McIntyre asked him Thursday morning to request the DNA testing, comparing McIntyre's blood with vaginal swabs taken from the rape victim.
A Kansas City crime lab has already tested the evidence for prosecutors, who intended to use it against McIntyre. Independent testing, Rumsey told District Judge Paula Martin, would take at least five weeks.
Martin was about to grant McIntyre's request Friday afternoon when he changed his mind concerned that the next available trial date was in late January.
"I've already been in custody over a year," McIntyre said. "It's been a hardship on me and my family."
At Rumsey's request, Martin then looked for an earlier trial date. That miffed Douglas County Dist. Atty. Christine Kenney Tonkovich who didn't oppose new DNA testing, only the scheduling gymnastics.
"He only wants the test done if everything is done at his convenience," she said.
Also Friday, McIntyre requested that Martin turn the case over to another judge, saying the pattern of her rulings indicated a bias against him. Martin denied the request.
Authorities say McIntyre pistol-whipped one clerk and raped another during the July 2, 1999, robbery at Payless ShoeSource, 3231 Iowa.
He was arrested in October 1999, after he landed on Lawrence Crime Stoppers' most-wanted list and a nationally televised plea for help finding McIntyre was broadcast on "America's Most Wanted."