Archive for Thursday, June 2, 2011

Douglas County judge declares mistrial minutes before trial starts

June 2, 2011

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A Douglas County judge Wednesday afternoon declared a mistrial just minutes before jurors were scheduled to hear opening arguments in the trial of a 21-year-old woman accused in a December burglary near the Kansas University campus.

Tom Bath, defense attorney for Shelby Sprauer, asked District Judge Kay Huff to grant a mistrial based on phone records Lawrence police detectives had collected in the case.

Douglas County District Attorney Charles Branson said there were specific records that neither side had reviewed among the nearly 700 pages.

“The state did not object to the mistrial to give the defense time to review those records,” Branson said.

Huff dismissed the 12 jurors who were selected Wednesday morning and scheduled Sprauer’s new trial for Aug. 3. Spauer faces counts of conspiracy to commit burglary and aggravated burglary, as prosecutors accuse her of participating in a scheme to rob an apartment resident late on Dec. 3 in the 1100 block of Louisiana Street.

Of her three co-defendants, Kayla Kling, 20, pleaded no contest in April to one count of attempted burglary and Michael Hammond, 20, pleaded no contest to two counts of conspiracy to commit burglary. A third co-defendant, Kyle Peterson, 21, has a trial scheduled for June 24.

A previous version of the story incorrectly spelled Sprauer's last name.

Comments

just_another_bozo_on_this_bus 3 years, 11 months ago

"Douglas County judge declares mistrail minutes before trial starts"

Must have been a fork in the trail, and they took the wrong trail.

jhawkinsf 3 years, 11 months ago

I made the same spelling error yesterday in one of my posts.

Kontum1972 3 years, 11 months ago

This comment was removed by the site staff for violation of the usage agreement.

jafs 3 years, 11 months ago

Yes.

Because our system operates on a presumption of guilt, of course.

formerfarmer 3 years, 11 months ago

It said the defense needs to go over the phone records, it did not say the detectives did not review the info. Do you really believe they would submit records for the prosecution if they had not reviewed them. Branson stated neither side had reviewed all records. I am sure he was referring to the prosecutor and defense attorney.

JimmyJoeBob 3 years, 11 months ago

Why would the Police withhold 700 pages Smitty? It doesnt make sense. I doubt you know what is going on unless you work for the DA which I know you don't

somebodynew 3 years, 11 months ago

smitty - I know this might be hard for you to comprehend, but did you ever think that maybe the detectives didn't have those 700 pages. Quite possibily they had been turned in (probably electronically instead of paper) and neither the Prosecution or the Defense happened to look at that one disc????? You know that does happen. There are some attorneys (shocking, I know) that don't really look at all of the stuff turned in until the last minute. Not that it is right, but it happens.

It is not automatically the LPD's fault for everything that goes wrong in the world. And just how would Mr. Bath know if the detechtives didn't turn something in???

JimmyJoeBob 3 years, 11 months ago

I think that both Branson and Bath just simply overlooked the evidence. If not Bath would have accused the Police of misconduct. Both parties are being too for it to be the cops fault

somebodynew 3 years, 11 months ago

JimmyJoe you are correct. I know Tom Bath and he is an excellent attorney and would have no problem pointing out misconduct if it were present. Especially if it would help his client.

pace 3 years, 11 months ago

I vote, I pay property taxes. I am never called to be on jury.

LadyJ 3 years, 11 months ago

Being called this month for a second time. They make you answer questions to return to make sure you might not be biased. One question should be "have you been a recent victim of a crime"? That might make someone a bit biased. Silly people, I can't wait.

JimmyJoeBob 3 years, 11 months ago

Smitty The article never said the pages were missing, Nor did it say the attorneys didnt have the opportunity to review the material. It said both attorneys never reviewed the material. You are fabricating things now.

somebodynew 3 years, 11 months ago

Herself (and whoever else is in there).

equalaccessprivacy 3 years, 11 months ago

My condolences to anyone forced into dealing with the incompetent and dishonest, pathetic excuse for a criminal injustice system down at the Douglas County Law Enforcement Center. Lies and conflict-of-interest politics are the order of the day. Even the judges are crooked.

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