Defense presents alibi in murder trial

? Noah Gleason was recovering from a motorcycle accident and had difficulty walking in October 1999, the same month he allegedly participated in a botched robbery that left a rural Jefferson County man dead of gunshot wounds.

Witnesses and medical records presented Thursday in Jefferson County District Court said Gleason had broken his back, arms and pelvis in a May 1999 motorcycle accident.

“He tried to be macho, and then he’d be taking pills and lying down for a couple of days,” Gleason’s mother, Claire Gleason, said under questioning by her son’s attorney, John Kurth.

Gleason, 43, rural Lawrence, is being tried for the Oct. 14, 1999, slaying of Clarence Rinke, 55. Gleason is charged with first-degree murder.

Two other people charged in the same case testified earlier this week that Gleason had masterminded a plan to steal money and marijuana from Rinke, a suspected drug dealer who lived on a farm near 21st and Republic streets.

Collin E. Cady, 33, McLouth, told the four-man, eight-woman jury that he had assisted Gleason in the burglary. Rinke caught the two inside his house and struggled with Cady, who carried a sawed-off shotgun. The shotgun went off and Rinke was hit by the blast, Cady said.

Cady also is charged with first-degree murder, along with conspiracy to commit burglary. It is expected he will enter into a plea agreement after Gleason’s trial.

Gleason also faced additional charges of conspiracy to commit burglary and intimidation of a witness. The intimidation charge alleged Gleason had sent threatening letters to a third person charged in the case, Charolette Bennett, 29, Lawrence.

Thursday, however, Assistant County Atty. Vic Braden dismissed the conspiracy and intimidation charges. He said he was convinced there was enough evidence to convict on the two charges but he wanted the jury to concentrate on the murder charge.

Kansas law allows someone to be charged with murder if they are participating in a crime that results in a death, even if they don’t directly cause it.

According to Cady’s testimony, he and Gleason walked through woods and hid on Rinke’s property while Bennett waited at an electronic gate at the entrance to Rinke’s farm. The gate was about a quarter-mile from the house.

Bennett then called Rinke by intercom and said she needed help because she was lost and her car was stuck. Rinke left the residence and drove a tractor to the gate. Bennett, however, had left and Rinke returned to his house to find two robbers inside.

Bennett is charged with conspiracy to commit aggravated robbery but is expected to enter into a plea bargain later.

After Rinke was shot, Gleason and Cady allegedly fled on foot to property Gleason owned more than a mile away.

Kurth, however, called defense witnesses who raised questions about whether Gleason’s physical condition would have allowed him to be hiking and running over rough terrain.

After Gleason’s May 1999 motorcycle accident, he spent several weeks at KU Med, Kansas City, Kan., and then at Colonial Manor, Lawrence, recovering from his injuries.

“Doctors said he might never walk again,” Claire Gleason said. She said her son was released from Colonial Manor in July but continued to have difficulty walking.

Dr. Stephen Munns, an orthopedic surgeon who operated on Gleason’s arms, said Gleason was nearly recovered from his arm injuries in August.

Mary Elizabeth Myers, Lawrence, said Gleason had done construction jobs at her home for several years. After the accident she said she was shocked at how slowly he moved.

“He held himself very erect, very carefully,” Myers said. “He wasn’t just loping along.”

Throughout his court appearances, Gleason has walked with a limp and slightly hunched over.

The trial continues this morning and is expected to go to the jury for deliberations by afternoon, attorneys said.