Preliminary hearing continued in murder case

John Richmeier
The Leavenworth Times

A preliminary hearing has been continued for a Leavenworth woman who is accusing of murdering her fiance.

The preliminary hearing for Eva O. Banks was scheduled for Wednesday afternoon in Leavenworth County District Court. But the hearing was continued until December because a witness was unavailable.

Banks, 40, is charged with second-degree murder. She was arrested June 12 following the stabbing death of her fiance, Jerrold Rhodes, at a Leavenworth home.

Assistant County Attorney Jose Guerra said a forensic pathologist was unavailable to testify Wednesday.

District Judge Gerald Kuckelman continued the preliminary hearing to Dec. 2.

Evidence will be presented during the preliminary hearing, and the judge will determine whether the case against Banks should move forward.

Banks' attorney, Michael Jones, has filed a motion arguing his client is immune from prosecution because she acted in self defense.

Kuckelman plans to also take up this motion Dec. 2.

Banks remains in custody at the Leavenworth County Jail.