A Johnson County judge on Tuesday approved DNA testing in the case against the man charged with killing three people outside Jewish facilities in Overland Park.
Johnson County District Attorney Steve Howe asked for court approval for testing of evidence found on the pants and shoes of suspect F. Glenn Miller Jr. because it would likely use up the available sample.
Miller’s attorney, Ron Evans of the Kansas Death Penalty Defense Unit, objected to the request because the defense would not be allowed to conduct independent testing, although he conceded that Kansas law provides the defense with few options to object short of showing that the state was acting in bad faith.
Howe said notifying the defense and seeking court approval showed that the state was acting in good faith. The testing results and supporting documentation will be turned over to the defense, he said.
District Judge Kelly Ryan granted the request and also gave the state permission for additional testing as long as the defense is notified if the sample will be consumed.
Miller, 73, an avowed white supremacist also known as Frazier Glenn Cross Jr., is charged with capital murder and first-degree murder in the April shooting deaths of Terri LaManno, William Lewis Corporon and Reat Griffin Underwood. Corporon and Reat, his 14-year-old grandson, were shot outside the Jewish Community Center. LaManno was shot outside the Village Shalom care center.
A preliminary hearing is scheduled for November.
Tony Rizzo, email@example.com