by Cliff Judy (WICHITA, Kan.)
Elgin Robinson's capital murder trial will go ahead as scheduled. Thursday morning, a judge denied his attorney's motions to declare the Kansas death penalty unconstitutional and dismiss a charge of capital murder.
Robinson is charged with hiring another man to kill pregnant Wichita teen Chelsea Brooks. Brooks, 14, was nine months pregnant with Robinson's unborn child when she disappeared in June 2006. Prosecutors say he hired Ted Burnett to strangle the girl for a combination of cash and drugs.
Robinson's defense attorneys argued the death penalty is a form of cruel and unusual punishment and that prosecutors didn't file charges correctly.
The judge disagreed, and jury selection for Robinson's trial is set for next month. He'll be back in court Friday morning for two more motions.