Great Bend Attorneys for a defendant charged in the death of a Great Bend 14-year-old want a criminal sodomy charge in the case dismissed.
The defendant is charged with capital murder, sodomy and other charges in the August 2010 death. The teenager's burned body was found at an asphalt plant near Great Bend.
The Hutchinson News reports Thursday that defense attorneys argue in a motion that the sodomy charge is already included in capital murder charge. They say state law prohibits conviction of a crime and a lesser-included offense in that crime.
The defendant is in the Sedgwick County jail on $1.5 million bond and faces the death penalty if convicted.
No trial date has been set.