A murder trial for a rural Linwood man is scheduled to begin next week. But a judge said he may grant the prosecution a continuance if one is requested.

A murder trial for a rural Linwood man is scheduled to begin next week. But a judge said he may grant the prosecution a continuance if one is requested.

The trial of Dan S. Flannagan is scheduled to begin Monday in Leavenworth County District Court. Flannagan, 65, is charged with intentional second-degree murder in connection to the death of Constance Perryman.

Perryman’s body was found April 6, 2018, on property located off of 198th Street south of Linwood. She reportedly died from a shotgun wound.

Flannagan and Perryman had been living together on the property.

Flannagan appeared in court Thursday. District Judge Michael Gibbens asked if the parties are going to be ready for the trial next week.

Deputy County Attorney Joan Lowdon raised an issue regarding a report prepared by a pathologist who is serving as a defense expert.

Lowdon said the doctor’s report mentions things such as gunpowder residue and tire tracks. The prosecutor said she does not know if the doctor would be an expert on these subject matters.

And Lowdon said she does not how much the doctor utilized these things in making conclusions for his report.

Lowdon said defense attorney John Bryant was going to attempt to contact the doctor to discuss the matter.

Gibbens asked if Lowdon had filed a written objection.

Lowdon said she had not filed an objection but she can after she confers with Bryant about what he learns from the doctor.

Lowdon said she received the doctor’s report Dec. 23, which was exactly two weeks from the scheduled start of the trial.

Lowdon said she was out of the office at the time.

Bryant said he received the report from the expert Dec. 23. The defense attorney said he reviewed the report and then sent it to the prosecutor.

Bryant said the case has been delayed a couple of times as he awaited the information. Bryant said there is not much that can be done in order to have a report turned in more quickly.

Gibbens said he hears complaints all the time regarding how long it takes to receive reports from the Kansas Bureau of Investigation. He said defense attorneys request that prosecutors be barred from using these KBI reports at trial.

The judge said he normally does not grant requests to suppress these reports, but he does grant continuances for the defense.

Gibbens said he probably would grant a continuance for the prosecution in the Flannagan case, but Lowdon had not requested one.

“It seems to me this is kind of a late disclosure,” Gibbens said of the report from the defense expert.

If Lowdon files a motion, Gibbens said he will hear arguments about it today. The judge said he does not want to wait until Monday to take up the motion.

Also Thursday, the judge denied a defense motion for discovery. Bryant was requesting information the prosecution obtained by looking up prospective jurors in a computer program.

Lowdon said she believes Bryant can obtain the same information by utilizing the computer program through the District Court Clerk’s Office.

Gibbens said the law requires the prosecution to produce documents that are of evidentiary value. The judge said he does not see how selecting a jury has anything to do with evidence that may be offered during a trial.

Gibbens said the prosecution and defense each have advantages and disadvantages in criminal cases.

“I don’t see how this comes into play in jury selection at all,” he said.

He said attorneys can obtain information from jurors while questioning them during the jury selection process.

Gibbens requested that Lowdon provide affidavits concerning whether the version of the computer program used by the County Attorney’s Office differs from the one made available to the public through the District Court Clerk’s Office.

The judge said he wanted this information for the record in case there is an appeal.

Five days have been set aside on the judge’s docket next week for the trial.

Flannagan remains in custody at the Leavenworth County Jail as he awaits the trial.

Twitter: @LVTNewsJohnR