Chandler gets 3rd trial extension, wants to fire stand-by counsel

For the third time, a judge on Wednesday moved back the starting date for the murder re-trial of Dana Lynn Chandler. The extension will give Chandler 70 more days to prepare for the six-week trial.

Chandler's second trial on two charges of first-degree murder in the 2002 shooting deaths of her former husband and his fiancee will start Sept 18. Before the hearing on Wednesday, the re-trial had been scheduled to start on June 10.

After Senior District Court Judge Robert Fairchild granted the third trial continuance, Chandler, who is acting as her own defense attorney, asked the judge to remove Basehor attorney KiAnn Caprice as Chandler's stand-by counsel in the case.

"I will not be prepared for the June 10 trial," Chandler said in asking Fairchild to postpone her re-trial.

Chief Deputy District Attorney Dan Dunbar didn't oppose the extension, but pointed out the trial postponements complicate the scheduling of prosecution and defense witnesses.

Dunbar predicted prosecutors and the defense would be scheduling a fourth new trial date if a specific date to start the trial was scheduled on Wednesday.

Instead of scheduling a third new date, wait until all the legal issues are resolved, then schedule a new date, Dunbar suggested.

Fairchild turned aside that idea but told the two sides he wasn't available for a jury trial in 60 days but was available on Sept. 18, which is 70 business days after the June 10 date.

Chandler formally waived her speedy trial rights until Sept. 18. That means the extra 70 days won't count against the district attorney's deadline to start prosecuting the case rather than release a defendant from jail.

Chandler then made "an oral motion to have my stand-by counsel (Caprice) removed. I've tried to work with her. Our communication has deteriorated to the point" Chandler and Caprice don't communicate.

Caprice yelled and screamed at Keen Umbehr, Chandler's research attorney, and was "very abusive to him," Chandler told the judge.

Umbehr told the judge the relationship between Caprice and Chandler is "more adversarial" than it is communicative.

"This is news to me," Caprice told the judge. "I'm blindsided by this." Umbehr hasn't returned Caprice's phone calls and emails, Caprice said.

"I'm not sure how his feelings were hurt," Caprice said.

Caprice said she is a criminal defense attorney with 20 years of experience.

"I am on board for the trial," Caprice said. "I understand how to try a case."

Fairchild said Umbehr has no role in the case. The communication should be between Chandler and Caprice, the judge added.

Caprice said she had explained statutes to Chandler and has aided Chandler with writing motions in the re-trial.

"I'm not a teacher, but I've done my best to be a law school 101" teacher to Chandler, Caprice said.

Fairchild took Chandler's request to remove Caprice under advisement while he talks to Chief Judge Evelyn Wilson about locating an attorney to replace Caprice.

During the hearing Wednesday, Umbehr sat next to Chandler at the counsel table, and Caprice sat in the row behind them.

A Shawnee County jury convicted Chandler of the two counts of murder in March 2012, nearly 10 years after Mike Sisco, Chandler's former husband, and Karen Harkness were slain in Harkness' southwest Topeka home.

Chandler was sentenced to two 50-year prison terms, a consecutive sentence of 100 years.

On April 6, 2018, the Kansas Supreme Court overturned Chandler's convictions of two counts of first-degree murder.