Adam Longoria granted new preliminary hearing on attempted rape charges

July 21, 2011|By John Boyd & Christina Karaoli Taylor | KWCH 12 Eyewitness News

(GREAT BEND, Kan.) — A man charged with killing a Great Bend teenager will get a new preliminary hearing because of amended charges.

Adam Longoria is in court Thursday for a hearing on several motions. Longoria is accused of killing 14-year-old Alicia DeBolt last August.

DeBolt's body was found at a Great Bend asphalt plant where Longoria worked.

One of the issues that came up is the amended charges in the case. Prosecutors recently changed a criminal sodomy charge to attempted rape.

Longoria's defense argued the prosecution couldn't amend because a preliminary hearing on criminal sodomy has already been held and because defense attorneys never had a chance to examine witnesses on the attempted rape charges.

Defense attorneys also argued that DNA evidence found in Debolt's mouth belongs to another man, not Longoria. Prosecutors didn't argue that point but said it is within their right to amend charges as evidence is still being collected and analyzed.

After hearing both sides the judge gave Longoria a small win by granting him a new preliminary hearing on the attempted rape charges. That hearing will be held on October 5th.

Defense attorneys also argued a motion to keep photos of Alicia Debolt while she was alive out of the trial. The defense says those photos would prejudice a jury.

Prosecutors said they only plan to present one photo and only for identification purposes.

The judge ruled that she will only allow that one photo as an I.D.

The judge also ruled against two motions fighting the death penalty in the case.

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