- Associated Press - Sunday, May 19, 2019

TOPEKA, Kan. — A divided Kansas Supreme Court says a man accused of rape and aggravated sodomy against a 3-year-old relative cannot be tried a second time and must be released from prison.

A Saline County judge declared a mistrial in March 2018 trial of Rictor Bowman because the then-4-year-old girl wouldn’t take the oath to be sworn in as a witness. The judge ruled the state couldn’t prove its case without the girl’s testimony.

The Kansas City Star reports that in a 4-3 split decision announced Friday, the Supreme Court ruled the trial judge should not have declared a mistrial. The justices said putting Bowman on trial a second time would violate his constitutional right against double jeopardy.

Copyright © 2019 The Washington Times, LLC.

The Washington Times Comment Policy

The Washington Times welcomes your comments on Spot.im, our third-party provider. Please read our Comment Policy before commenting.

 

Click to Read More and View Comments

Click to Hide