Chandler murder re-trial postponed again; no new date

For the fourth time in a year, the re-trial of Dana Lynn Chandler on two counts of murder was postponed on Wednesday.

When a motion hearing started Wednesday morning, Chandler's fourth scheduled trial date was September 16.

Earlier dates for the Chandler re-trial were June 10, January 29, and October 1, 2018. When the trial does start, it is expected to be four or five weeks long.

Chandler, 59, is charged with two counts of first-degree murder in the July 7, 2002, shooting deaths of Michael Sisco, 47, her former husband, and Karen Harkness, 53, in her west Topeka home. Each was shot at least five times.

In 2012, Shawnee County District Court jurors convicted Chandler of two counts of first-degree murder, and she was sentenced to two consecutive terms of 50 years each.

In April 2018, the Kansas Supreme Court overturned the Chandler convictions after finding that a prosecutor falsely told jurors that a nonexistent protection-from-abuse order filed by Sisco against Chandler existed in her divorce case, the court said.

Before Chandler's was postponed yet again on Wednesday, Senior Judge Robert Fairchild; Chandler, who is acting as her own attorney; and prosecutors had discussed problems in starting the trial by September 16.

Chief Deputy District Attorney Dan Dunbar said Chandler had a July 17 deadline to submit a list of motions to hand to prosecutors to be dealt with Wednesday, but the district attorney's office didn't receive the list until 8 p.m. Tuesday. Prosecutors couldn't handle anything beyond procedural motions due to the missed deadline, Dunbar said.

The judge bluntly asked Chandler why she waited so long to get the list to prosecutors.

Chandler listed a series of case-related tasks she was working on during that time frame and later said she needed to file some more pre-trial motions.

"I'm trying to avoid (my rights) being prejudiced," Chandler said.

The prosecutors told Chandler they needed to know "which motions to take up," Fairchild told Chandler.

The judge noted prosecutors had subpoenaed 70 witnesses five days ago, which is time-consuming and costly. When a new trial date is scheduled, the witnesses will have to be subpoenaed again.

Fairchild also said he had a month-long commitment he couldn't cancel.

"What we'll do is just cancel the September trial date," the judge said.

However, a specific new trial date wasn't scheduled on Wednesday and won't be until Chandler agrees she has finished filing motions.

Chandler also agreed to waive her right to a speedy trial while the start of the trial is pending.

Meanwhile, Chandler is seeking a lower bond.

Jason Belveal, Chandler's standby attorney, said she has been in jail since she was taken into custody in 2012 in lieu of a $1 million bond.

Belveal said Chandler has "very little criminal history," isn't a flight risk, isn't a danger to the public, and couldn't vanish from public view due to the publicity she has received over the years.

He suggested Chandler's bond should be lowered to $25,000. Chandler suggested the judge decide the lower bond question later.