Jail inmate cites speedy-trial violation, seeks release from custody
TOPEKA, Kan. (WIBW) - A Topeka man charged with beating a Shawnee County Corrections officer inside the jail is asking a judge to order his release from jail, alleging his right to a speedy trial has been violated.
Ray Anthony Miles, 57, filed a hand-written motion seeking his release from the Shawnee County Jail. The motion was filed on December 3.
Miles is charged with attempted first-degree murder of Corrections Specialist Kourtney Renae Flynn and aggravated battery of Flynn.
Miles is acting as his own defense attorney, and a Shawnee County public defender is acting as Miles’ stand-by counsel in the case.
Citing a Kansas statute, Miles wrote that he had 150 days after he was arraigned on February 10, 2020, for his trial to start.
Miles contends the court has shut down and re-opened several times after he was arraigned, including closings tied to the COVID-19 pandemic. That totals 220 days, Miles said.
“This is a violation of the Sixth Amendment speedy trial right and (a Kansas statute tied to the) speedy trial right,” Miles wrote.
“The defendant asks the court to dismiss all charges against the defendant to be released from jail immediately,” Miles wrote in his motions.
On Tuesday, Shawnee County District Court Judge William Ossmann scheduled Miles to appear at a status docket on January 29, 2021.
On March 26, 2920, District Attorney Mike Kagay had predicted some defendants would claim their right to receive a speedy trial was violated as a result of the pandemic-induced shutdown of Shawnee County District Court and other state courts on March 18, 2020.
“I’m confident that what we’re doing is lawful,” Kagay said in late March.
“All jury trials, both civil and criminal, (which were) scheduled to begin in any Kansas state court (by September 18) will be continued until further order of the chief justice,” a five-page order issued by the Kansas Supreme Court said.
When the corrections officer was beaten on July 31, 2019, Miles was serving the remaining 12 months of his sentences tied to his convictions in 2012 in the attack of four employees at WIBW-TV.
On Nov. 8, 2012, a jury convicted Miles of three counts of aggravated battery and one count of making a criminal threat. In that case, Miles was sentenced to eight years and four months in prison.
The jail incident occurred inside a module.
According to a court affidavit in the case, Miles thrust a Bic plastic pen at Flynn, striking the back of her head.
The pen broke in half due to the force of the blows, the affidavit said.
Flynn estimated she was struck 10 to 15 times, her head was slammed onto the floor, and the attack lasted about a minute.
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