The man convicted of a 1999 sexual assault and robbery at a Lawrence shoe store shouldn't get a new trial, the Kansas Court of Appeals ruled Friday.
In December 2000, a jury convicted Terry McIntyre of rape, aggravated criminal sodomy, aggravated robbery, aggravated kidnapping and kidnapping for a July 1999 incident in which he pistol-whipped one clerk and raped another at Payless ShoeSource, 3231 Iowa.
The crime landed McIntyre on Lawrence Crime Stoppers' most-wanted list. It also led to a nationally televised plea for help finding McIntyre on "America's Most Wanted" TV show before he was caught in September of that year in Kansas City, Mo.
Prosecutors presented DNA evidence at trial that there was a one in 5 quadrillion chance Â the earth's population is about 6 billion Â that the assailant was someone other than McIntyre. District Judge Paula Martin later sentenced McIntyre to 645 months in prison.
McIntyre contended prosecutors unfairly charged him twice with the same crime. The bodily harm used to establish the sodomy charge, he said, was the same element of the kidnapping charge.
"The argument is without merit," the appellate court said in Friday's unsigned ruling. While the two charges contained some similar elements, the court said neither charge contained all the elements of the other crime.
McIntyre is at Lansing Correctional Facility.