HUTCHINSON, Kan. – The defense request for a dismissal of charges for one of the six men charged with being involved with the beating and stabbing of Jeffrey Payne in February of last year was denied by District Judge Tim Chambers.
Defense Attorney Sam Kepfield who represents 31-year-old John Cantu asked for the dismissal saying that Judge Joe McCarville and Senior Assistant District Attorney Steve Maxwell allowed a witness to perjure themselves at a an additional preliminary hearing in the case. Kepfield also alleged that this witness had been granted a deal for his testimony, but the defense was never told of the deal. Judge Chambers says the facts show that the deal with this witness actually came after he testified.
Cantu was originally charged as an aider and abetter of the offense of premeditated murder in the first degree, after Cantu allegedly drove some of the co-defendants to Payne’s home of the night of the attack. Judge Chambers had earlier dismissed the charge of attempted murder in the first degree saying there was no evidence of premeditation. But, the state then indicated that they had discovered an additional witness who would testify that while he was housed in jail with Cantu, he made incriminating statements concerning his involvement in this case.
A new preliminary hearing was held over the testimony of this witness alone and Judge Joe McCarville again found probable cause to send the case to trial for attempted murder. During
Kepfield at trial will be able to bring up the witnesses prior criminal history where theft if dishonesty were involved and also the offenses he made a deal with the state over and the fact that they would be presumed prison cases.
Judge Chambers also noted in his written opinion that Kepfield made serious allegations against Maxwell and Judge McCarville. He made it clear that he doesn’t like the often used tactic of alleging ethical violations as a weapon in court. He says the allegations made by Kepfield have no basis in fact and were brought about because Kepfield failing to prepare properly for the court hearing. He ordering Kepfield apologize in writing to Judge McCarville and Maxwell.
The case has to do with six men going to the home of Payne, entering his home and beating and stabbing him almost to death. He had been stabbed 23-times.
The trial for Cantu is scheduled to trial next week in front of Judge Tim Chambers.