Hearing set for arguments about attempted murder charge
A new hearing date has been set for arguments concerning the possible re-prosecution of a man for an attempted murder charge in Leavenworth.
The hearing is set for Feb. 19 in the case of James D. Thompson.
Thompson, 34, previously was charged with attempted first-degree murder in connection to an August 2015 shooting in Leavenworth. During a 2017 trial, the charge of aggravated battery was presented to jurors for consideration as a lesser included offense to the attempted murder charge. And jurors convicted Thompson of the aggravated battery charge instead of attempted murder.
Thompson also was convicted of other charges related to the 2015 incident.
Judges with the Kansas Court of Appeals overturned Thompson’s conviction for the aggravated battery charge and remanded the case back to the district court level.
District Judge Gerald Kuckelman set aside the battery conviction in December. But Assistant County Attorney Shawn Boyd is arguing that Thompson can once again be prosecuted for the charge of attempted murder without facing what is known as double jeopardy.
Double jeopardy refers to a protection provided in the Fifth Amendment of the U.S. Constitution which guarantees that a person cannot “be twice put in jeopardy of life or limb” for the same offense.
Thompson, who has been paroled from prison, appeared Friday in Leavenworth County District Court for a hearing on a motion filed by Boyd that seeks to proceed with the original attempted murder charge.
Thompson was making his court appearance through the Zoom online videoconferencing service.
Zoom is being used for many Leavenworth County District Court proceedings because of the COVID-19 pandemic.
Thompson was having trouble receiving audio from Friday’s hearing.
Kuckelman said he could not proceed with the hearing anyway because he needed to review a written response to the prosecution motion filed by Thompson’s attorney, Joseph Osborn.
Osborn filed the response Thursday.
“I’m going to need time to look at it anyway,” Kuckelman said.
Kuckelman said he will review the cases cited in Osborn’s response before the Feb. 19 hearing.