Updated, 12:30 p.m. Wednesday: The avowed anti-Semite accused of killing three people in a shooting spree last year will get an extra half-day to prepare his defense.
Frazier Glenn Cross Jr., who is representing himself, has been granted a continuance after a lengthy back-and-forth with the judge.
Cross has said repeatedly he wants to explain “what caused me, a retired Army sergeant living a great life, to do what I did” to the jury.
But Johnson County Judge Thomas Kelly Ryan reminded Cross he hasn't met the burden of a "compelling necessity" defense, which would allow him to claim a greater evil would have occurred had he not shot William Corporon, Reat Underwood and Terri LaManno.
Cross has said he wants to share articles and videos with the jury to construct a narrative of his thoughts on April 13, 2014. The district attorney objected, saying this was irrelevant at this stage of the trial.
“Regardless of his objections, I should be able to present my intentions,” Cross insisted, trying to argue he had a First Amendment right to say whatever he wanted in the courtroom.
“Your disrespect is going to lead to your removal from the courtroom,” Ryan replied.
Still, Ryan granted Cross an afternoon to prepare his defense. The trial will continue at 9 a.m. Friday.
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Accused Jewish Community Center shooter Frazier Glenn Cross Jr. wants more time to prove his innocence in the shooting deaths of three people last spring.
The prosecution rested Thursday morning around 9:45 a.m. after three full days of testimony from law enforcement officers, crime scene investigators and forensic experts. The state’s final witness, Det. Gary Borstelman with the Johnson County Sheriff’s Office, presented an October 2014 phone call in which Cross appears to confess to killing William Corporon, Reat Underwood and Terri LaManno.
Cross, who is representing himself, objected to playing the call, which he said “might tend to incriminate” him.
“Did you hear me say the lady, LaManno, because of her appearance, her facial appearance in particular, caused me to believe she looked like a stereotypical Jew?” Cross asked.
“Yes,” Borstelman said.
Cross replied that as an anti-Semite, he’d spent a lot of time studying what Jews look like.
He then told the judge he wasn’t ready to make his case.
“The reason I’m not prepared is through no fault of my own. I ordered CDs, I ordered thumb drives, I ordered dozens of hours of video and audio that were prior approved by the court,” Cross said. “It took so long — it took more than a month.”
District Attorney Steve Howe responded that it was Cross who pushed for a speedy trial, which Kansas law requires take place within 180 days.
“What he’s talking about, needing his books and tapes, that is related to his compelling necessity defense, which ... I don’t believe any of this he’s asking for a postponement for will be admissible at the guilt phase,” Howe said.
Johnson County Judge Thomas Kelly Ryan has told Cross repeatedly he won’t be allowed to argue he had to kill Jews to save the white race.
Cross accused Ryan of trying to sway the jury with disrespectful comments.
“Once again, your usual tactic is to interrupt me,” Ryan said. “I’ll tell you when I’m done. I’ve exercised restraint in front of the jury when you are interrupting me, interrupting witnesses, making statements that under many other circumstances would cause a mistrial. ... I’m trying to provide you with a fair trial.”
A decision on a postponement — Cross has asked the judge to delay until Monday — is expected shortly.
