Friday, August 24, 2012

A man serving time on death row for killing a Greenwood County Sheriff will be getting a new trial.

The Kansas Supreme court sent the capital murder case against Scott Cheever back for a new trial. Cheever was convicted of capital murder for killing Sheriff Matthew Samuels and four counts of attempted capital murder of four other law enforcement officers.

Cheever admitted to the crime, but he told investigators that he was high on meth and incapable of premeditation when he opened fire on Samuels and four other officers January 19, 2005.

His attorney, Debra Wilson, argued that prosecutors violated his client's constitutional rights by providing privileged psychological testimony at his trial. She claimed that Cheever didn't give permission to use the records. The Supreme Court agreed, citing violations of the defendant’s fifth amendment right against self-incrimination.

A jury sentenced Cheever to death for the crime. Death sentences get an automatic review by the state's high court.

Derek Schmidt, Kansas Attorney General, released a statement saying:

"We are carefully reviewing the Supreme Court’s opinion. We will be consulting with appropriate parties over the next few days to determine the best course of action to ensure justice is served.”