Oskaloosa ? Jefferson County Atty. Jim Vanderbilt won’t run for re-election next year, and a trial that begins this week is one of the reasons.

Vanderbilt, in his second term as county attorney, called in a special prosecutor to handle the retrial of Tim James, a Lawrence man charged with planning a burglary that resulted in the beating of an elderly Perry man in 1999.

Timothy Keck, a Hiawatha attorney and assistant prosecutor in Atchison County, will prosecute James. The trial is to begin Tuesday.

James was tried and convicted in a 2001 trial concerning the Perry case and was serving a 21-year prison sentence. But last May the Kansas Court of Appeals overturned the conviction because Vanderbilt failed to file a brief in response to James’ appeal of the verdicts.

Vanderbilt was criticized by the appellate judges, one of whom wrote that the county attorney’s failure to respond represented a “lack of interest” and a “lack of confidence” in the convictions.

In an interview last week, Vanderbilt admitted that his failure in the James case was a factor in not seeking re-election in 2004.

“It didn’t help anything,” he said. “It’s time for me to move on to something else.”

Vanderbilt declined to discuss the case further or explain why he failed to challenge James’ appeal.

But earlier this year Vanderbilt did respond to the appellate judges’ criticism in a motion for a rehearing. In part, he wrote that he has poor oral argument and brief writing skills.

Prosecutor snafu leads to new trial (5-3-03) Kansas Court of Appeals decision Legislature urged to update bounty hunter regulations (9-23-02) Jury finds bounty hunter guilty of misdemeanors (9-19-02) Bounty hunters will be tried (6-20-03)

“As a result I have always believed that my actual participation in the appellate process was insignificant,” Vanderbilt wrote.

He also wrote he was experiencing great stress in his personal life at the time he should have filed a response to James’ appeal.

Moreover, Vanderbilt wrote, “I should have to answer to the Supreme Court for what I have done.”

He concluded his response by writing, “I am very sorry.”

Ron Keefover, spokesman for the Kansas Office of Judicial Administration, said he could not confirm or deny Vanderbilt was the subject of a judicial disciplinary investigation or proceeding.

In June 2001, a jury found James guilty of aiding and abetting aggravated burglary, aiding and abetting aggravated kidnapping and aiding and abetting aggravated robbery. He was sentenced by Jefferson County Judge Gary Nafziger to a total of 21 years in prison.

James’ stepson, Chris S. James, and Mike Manis, both of Lawrence, were arrested and charged in the February 1999 incident at the Perry man’s home. Chris S. James, then 18, pleaded guilty to aggravated kidnapping and Manis, then 19, pleaded guilty to aggravated robbery. Both are serving 101-month prison sentences.

During Tim James’ trial and prior court hearings, Chris James and Manis alternately denied and implicated Tim James in their testimonies.

Tim James also maintained in his appeal that his attorney in the first trial, John Kurth, inadequately represented him. The appellate court ruled in James’ favor, noting that there was no argument to the contrary from Vanderbilt.

James is now represented by Holton attorney Michael Ireland. James also filed a motion several weeks ago for a new judge to hear the case because he didn’t think he could get a fair trial under Nafziger.

Nafziger recused himself and Shawnee County Senior Judge Adrian Allen was appointed to preside over the case.

Tim James remains in custody at the Jefferson County Jail on $100,000 bond.