Archive for Thursday, June 28, 2001

New trial ordered in alleged molesting

June 28, 2001


— Prosecutors will get another chance to convict an admitted child molester whose first conviction was erased because of problems with jury instruction.

Sedgwick County District Judge Gregory Waller ordered Tuesday that Scott Phillips stand trial July 9 on a new charge of criminal fondling: aggravated indecent liberties with a child.

Waller earlier erased a May 22 conviction against Phillips, because of a faulty jury instruction. At the rape trial, Waller told the jury it could consider a lesser charge a procedure the Kansas Supreme Court outlawed a year ago.

Waller ruled Tuesday that because the first trial was illegal, Phillips would not face double jeopardy if prosecutors filed a new case.

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