- Associated Press - Tuesday, April 5, 2016

TOPEKA, Kan. (AP) - A Topeka man convicted of kidnapping and repeatedly sexually assaulting an 8-year-old girl has been refused a new trial.

A Shawnee County judge last week rejected 30-year-old Jeremy James Lindsey’s new trial request and scheduled his sentencing for April 21, the Topeka Capital-Journal (https://bit.ly/1VrAK2A ) reported.

Lindsey was convicted in January on three counts of rape and two of aggravated burglary. He also was found guilty of single counts of aggravated kidnapping, battery, child endangerment, felony criminal property damage and unlawful drug administration.

The victim disappeared from her home in September 2014 and was held captive and bound with a telephone cord for about six hours before she was able to free herself and seek help from a nearby home.

In his new trial request, Lindsey argued in a 14-page, handwritten motion that the jury wasn’t correctly chosen, the judge didn’t instruct jurors on the reasonable doubt standard, and that a witness falsely testified that police guarded a crime scene during a two-day time frame.

A defense attorney, Don Hoffman, insisted in a separate motion that evidence did not support claims that the victim was beaten. Hoffman also claimed Lindsey’s trial attorneys were limited in asking whether someone other than the defendant could have committed the offense, and that prosecutors did not turn over exculpatory evidence to the defense.

Dustin Curry, an assistant prosecutor, argued that prosecutors did not turn over exculpatory evidence to Lindsey because it didn’t exist. The defense also failed to offer evidence linking anyone else to the crimes, Curry said.

A co-defendant, Michelle Harris, 24, also is charged with aggravated kidnapping and aggravated child endangerment. Harris has been free on bond since September 2015 and is scheduled to enter a plea on April 21.


Information from: The Topeka (Kan.) Capital-Journal, https://www.cjonline.com

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