photo by: Sara Shepherd

Carrody M. Buchhorn talks with her attorney William Skepnek during a break in court proceedings on Friday, Dec. 21, 2018, in Douglas County District Court.

A new trial was scheduled on Wednesday in Douglas County District Court for a Eudora woman whose murder conviction was overturned by the Kansas Court of Appeals, and her attorney has asked for a fresh determination of probable cause in the case.

The woman, Carrody Buchhorn, 47, will now face a second trial on March 13, 2023, and she will remain on house arrest for the time being.

Buchhornwas convicted in 2018 of second-degree murder in the death of 9-month-old Oliver “Ollie” Ortiz. She was sentenced to 10 years, but her conviction was overturned by the Kansas Court of Appeals in August of 2021 and sent back to Douglas County District Court.

The appeals court ruled that Buchhorn’s trial attorneys’ constitutionally deficient performance prejudiced her right to a fair trial. The Douglas County District Attorney’s Office asked the Kansas Supreme Court to review the appeals court decision and the court upheld the reversal after the six justices hearing the case were equally divided on how the issues on appeal should be decided.

On Wednesday, Judge Sally Pokorny set the March trial date.

Buchhorn’s defense attorneys, William Skepnek and Kevin Babbit, have filed a motion for a new preliminary hearing at which a judge would decide anew whether there’s probable cause to order Buchhorn to stand trial.

Skepnek said the state in the first preliminary hearing had relied on testimony from former Douglas County Coroner Erik Mitchell and on data about a theory about how the child died called “depolarization.” The prosecution does not plan to use Mitchell’s testimony going forward, Skepnek said, and hence his client should be entitled to a fresh finding of probable cause.

“Ms. Buchhorn has been in some kind of state custody for over five years based on testimony the state doesn’t plan to rely on,” Skepnek said.

Deputy District Attorney Joshua Seiden said that the state was currently looking across the country for an expert who can testify in place of Mitchell as to the cause of the child’s death.

Skepnek also filed a motion to modify Buchhorn’s bond, asking the court to lift her house arrest.

Pokorny said she considered the motion and that she could not grant the change because Buchhorn is still on bond for a 2nd-degree murder charge.

“I don’t believe that house arrest is a significant burden considering the alternative, sitting in jail waiting for trial,” Pokorny said.

Pokorny scheduled a hearing for Nov. 1 for the motion on the probable cause question and set a soft deadline of Dec. 16 for the state to have found an expert and for that expert to generate a report about the child’s death, which Skepnek said he wanted as soon as possible.

Buchhorn remains on house arrest with a $100,000 bond.