The defense has rested in the felony murder trial of a 36-year-old Topeka man accused of shooting a retired jeweler in April 2005 during a burglary at a rural Lecompton home.
Closing arguments are set to begin at 9 a.m. Monday.
Our earlier story:
Allen D. Smith is accused of shooting Clarence David Boose. Smith's cousin, Leonard Price, who has already pleaded guilty in the case, testified against him on Wednesday, saying Smith shot Boose in the head.
Defense attorney Tom Bartee asked District Judge Michael Malone to acquit Smith after prosecutors had presented their final witness in the trial, which started Monday. Malone denied the motion, and Bartee is expected to present a case that tries to establish that Smith had an alibi and was not with Price during the burglary when Boose was killed.
Both Price and Smith already are serving prison sentences for an attempted murder related to a shooting during a Pottawatomie County burglary less than a week after Boose was killed.
Bartee is expected to call Price back to the witness stand.
Price has already pleaded guilty to felony murder in the Boose case, and he is scheduled to be sentenced Aug. 20. According to his plea agreement, prosecutors will recommend that Price's sentence in the Douglas County case run concurrent with a 13-year sentence in the Pottawatomie County case.
Smith is charged with felony murder and aggravated burglary for Boose's killing. Jurors don't have to find that Smith pulled the trigger. They only have to decide that Smith committed a burglary at Boose's house and that during the burglary Boose was shot and killed.