The hearing for a Rusty Bryant on two counts of burglary was held Monday which the state wants to retry after a jury couldn’t reach a verdict on those two charges. The jury did find Rusty Bryant guilty of two counts of theft in that case, but were hung on the burglary counts.
The hearing Monday was over a motion the state filed called a “60-455” motion. Under Kansas law, some evidence from past crimes is admissible at trial when its relevant to prove some other material facts including motive, opportunity, intent and other factors that would show that he committed the current crimes. The defense wanted the judge to deny the states request. Attorney Alice Osburn telling Judge Trish Rose she believes the evidence the state wants to present would be more prejudicial to her client then it would be probative to the states case. Judge Rose agreed and denied the motion.
Bryant was earlier sentenced to 120-months, or 10-years in prison after a jury found him guilty of four counts of aggravated burglary and seven counts of auto burglary associated with crimes in the Prairie Dunes- Linksland Drive area in suburban Hutchinson. Those crimes occurring between July 5, and 11 of 2012.
One of the alleged crimes in the case pending occurred outside Grace Bible Church at 1221 East 33rd. He was convicted of stealing tools from Wiens and Company Construction and their employees. They had a semi trailer at that location and he allegedly broke a lock and stole various tools from the truck. The other incident involves him stealing a GPS device from a vehicle parked at a nearby car lot. Both incidents allegedly occurring on July 13, 2012.
The state wanted to show that there had to be a break-in or burglary for him to commit the thefts.
The trial is expected to begin in the coming weeks.