Retrial begins in homicide case

A Topeka man is being tried this week a second time on a homicide charge in Douglas County.

Attorneys spent most of Monday selecting jurors in the trial of Allen Dale Smith, 37, who faces charges of felony murder and aggravated burglary for the April 2005 shooting death of Clarence David Boose, 77, at Boose’s Lecompton-area home.

A jury in August deadlocked, causing a mistrial.

During opening statements Monday, prosecutors again accused Smith of taking part in the burglary that Boose interrupted, causing his death. Co-defendant Leonard Price, Smith’s cousin, has pleaded guilty in the case and again will testify against Smith.

Smith’s attorney, Tom Bartee, told jurors that Smith has an alibi that puts him in Topeka when Boose was shot. The trial will resume at 9 a.m. today.