A judge has continued a trial for a rural Linwood man who is accused of killing his girlfriend.

A judge has continued a trial for a rural Linwood man who is accused of killing his girlfriend.

The trial of Dan S. Flannagan was scheduled for next week in Leavenworth county District Court. But District Judge Michael Gibbens granted a continuance after Deputy County Attorney Joan Lowdon raised concerns about a report generated by an expert witness for the defense.

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.

Gibbens granted the continuance during a hearing Friday morning.

Lowdon said defense attorney John Bryant sent her a copy of the expert witness’ report Dec. 23, two weeks before the scheduled start of the trial.

Lowdon expressed concern that the expert, who is a pathologist, mentions things in the report that may be beyond the scope of his expertise.

Lowdon initially expressed her concerns in court during a hearing Thursday. At that time, the prosecutor had not filed a motion seeking a continuance.

But following Thursday’s hearing, Lowdon filed a motion seeking either a continuance or an order that would bar testimony from the expert.

Bryant said Friday that he did not want the report or testimony from the expert witness to be excluded.

Gibbens suggested he could take up arguments about the expert’s report Monday morning. And people reporting for jury duty for the trial could be asked to arrive in the afternoon.

Bryant noted that the expert will be traveling to Leavenworth from Hays.

Gibbens questioned why the report was not made available until two weeks before the scheduled start of the trial.

“I would think this should have been done at least a month ahead of trial,” Gibbens said.

Bryant said he had not received the report until Dec. 23 even though he had expected it a week earlier.

Gibbens said the law requires such reports to be submitted within a reasonable amount of time.

“I don’t think two weeks is reasonable,” he said.

Gibbens noted that the defense expert was referred to Bryant through the State Board of Indigents’ Defense Services. The judge said the doctor is being paid for his services in this case by the state of Kansas.

Gibbens denied the request for an order barring the expert’s testimony. The judge said he did not see that he had any other choice but to grant a continuance.

“This is a very serious case,” he said.

Gibbens said he wants the parties to be able to present all of their evidence.

It is unclear when the trial will take place. Gibbens offered the attorneys three possible dates, April 13, May 4 and May 11. The attorneys will determine when their witnesses will be available.

Five days will be set aside for the trial.

Gibbens scheduled a hearing for Feb. 27 to take up issues related to the defense’s expert witness.

Gibbens offered Feb. 13 as an alternate date for the hearing if the expert witness is unavailable on Feb. 27.

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

Twitter: @LVTNewsJohnR