Cheatham capital murder retrial set for Jan. 5

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TOPEKA, Kan. (AP) – The capital murder retrial of Phillip D. Cheatham Jr. has been scheduled to begin in early January.

A new trial was ordered for Cheatham in 2013 when the Kansas Supreme Court overturned his capital murder conviction and death penalty sentence for the Dec. 13, 2003, killings of Annette Roberson and Gloria Jones.

The Topeka Capital-Journal reports (http://bit.ly/1qq2gQE) that Shawnee County District Court Judge Mark Braun told lawyers Friday that the trial will start Jan. 5. The trial is expected to take up to six weeks.

One of Cheatham’s lawyers, Paul Oller, said after the hearing that the defense team thinks the judge should dismiss the case without a trial based on defense motions citing speedy trial issues and alleged violations of Cheatham’s due process rights.

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