Who is telling the truth and when did they tell it?

A Jefferson County jury will have to unravel a multitude of conflicting statements this week as a Lawrence man goes to trial for the second time in three years for his alleged role in the beating and robbery of an elderly Perry man.

“You’re going to wonder who to believe,” county prosecutor Timothy Keck told the jury Monday in his opening statement as he began presenting the case against Tim James. “You’re going to have a hard job.”

James is charged with aiding and abetting aggravated burglary, aiding and abetting aggravated robbery, and aiding and abetting aggravated kidnapping.

He was convicted of those charges in a 2001 trial and sentenced to 21 years in prison.

In May the Kansas Court of Appeals reversed the convictions because Jefferson County Atty. Jim Vanderbilt failed to respond to James’ appeal, setting the stage for a second trial. Vanderbilt took himself off the case and called in Keck, a Hiawatha attorney, to act as special prosecutor.

James, 42, is accused of planning and guiding the Feb. 6, 1999, burglary at the Perry residence. James’ stepson, Chris James, then 18, and Mike Manis, then 19, both of Lawrence, were arrested shortly after. Chris James later pleaded guilty to aggravated kidnapping and Manis pleaded guilty to aggravated robbery. They are serving 101-month prison sentences.

Chris James and Manis initially burglarized the home of Judson Smith, 70, on Jan. 22, 1999. They took records and compact discs and found what they thought was child pornography, Keck said. Chris James became upset because he claimed to have once been a victim of child molestation, Keck said.

A plan, with Tim James’ help, was hatched to return Feb. 6, 1999, to Smith’s home, beat him up to warn him away from child porn and steal money, Keck said.

The boys did not find child pornography, Keck said. What they found were pictures of children cut out of mainstream magazines such as Life and People, he said.

Manis and Chris James are listed as possible prosecution witnesses against Tim James. They have testified before in previous court hearings, alternating between implicating and denying Tim James’ involvement in the crimes.

During Tim James’ first trial, Chris James testified his stepfather had helped plan the burglary, after previously denying that involvement.

During his opening statement, Tim James’ attorney, Michael Ireland, argued that there was no evidence linking Tim James to the crime.

“Both of these men perjured themselves repeatedly,” Ireland said of Chris James and Manis. “The evidence is going to show that they are liars.”

Ireland also hammered at Jefferson County Sheriff’s Detective Capt. Randy Carreno for pressuring Chris James during various taped interviews.

Ireland, referring to those interviews, said Carreno implied that he could help Chris James get a better sentencing deal or a prison transfer closer to his mother’s home if Chris James would testify against his stepfather.

Ireland also repeatedly asked Carreno about playing on Chris James’ emotions, implying that his mother and dying biological father wanted him to testify against Tim James.

During his testimony Carreno denied making promises to Chris James and said he didn’t remember specific interviews he had with him.

Tim James is being held in the Jefferson County Jail on $100,000 bond. His trial continues today.