Potential jury trial dates await for Alexei Perez-Ricardo, an Emporia man accused of murder after an alleged incident earlier this year.
Trial could start as soon as Feb. 23, following a motion hearing Jan. 7 and a trial status hearing Feb. 18. The motion hearing could see decisions on in limine requests by defense attorney Rand Simmons to exclude evidence provided after Dec. 12 and to not use the term “defendant” during trial — as well as a defense request mandating a witness and exhibit list be provided by prosecutors. Along with those motions, Simmons has filed a motion for what’s called an Allen instruction for members of the jury if the case goes to trial. Allen instructions can lead to judges encouraging minority members to reconsider if jurors can’t agree on a verdict. Simmons is asking Judge Jeff Larson to instruct jurors they don’t have to “surrender their honest convictions” so there can be a unanimous verdict.
Perez-Ricardo is accused of killing 57-year-old Adolfo Viniegra, initially listed as 62-year-old Raul Reyes, in late May following an alleged disturbance. He is officially charged with second-degree murder and aggravated battery in Viniegra’s murder. Perez-Ricardo is also charged with aggravated robbery after an alleged incident involving Joseph Alfred Rodriguez.
Other hearings of note:
Kansas v Alexis Alanis
A preliminary hearing is set for early next year in a Lyon County drug distribution case.
Following his first appearance in Lyon County District Court on Tuesday, Alexis Alanis was set for a prelim Jan. 21. Steve Atherton is representing Alanis, who is charged with distributing up to 450 grams of marijuana, as well as receiving less than $5,000 in proceeds from a drug transaction, using a cell phone to commit a felony and possessing drug paraphernalia.
Charges follow an alleged incident Dec. 9. Emporia Police has not offered more specifics on this case.
Kansas v Thomas Hinz
A preliminary hearing is coming early next month in a felony child abuse case.
Thomas Hinz will return to Lyon County District Court on Jan. 6 after his first official court appearance Tuesday.
Hinz faces one count of abuse after alleged activity against an 8-year-old child on Dec. 10. Ty Wheeler of Kansas Legal Services has been appointed as the defense attorney in this case.
