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Longoria attorneys want sodomy charge dropped
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Attorneys for the man accused of murdering a 14-year-old Great Bend girl have asked the court to dismiss a charge of criminal sodomy, saying it creates double jeopardy.

Adam Joseph Longoria, 36, is charged with capital murder, in the August 2010 slaying of Alicia Debolt. It is based on a claim of premeditated murder done in commission of or subsequent to the crime of criminal sodomy. He is also charged with criminal sodomy, but his defense attorneys claim that count is "multiplitious and in violation of the double jeopardy clauses of the Fifth Amendment to the United States Constitution."

Kansas law also prohibits double jeopardy, Longoria’s attorneys note.

Longoria’s next pretrail hearing is set for June 21 in Barton County District Court. A trial date has not be set. Attorneys continue to file pre-trial motions. The defense has also requested that the court prohibit showing the jury any photographs of Debolt taken prior to her death, and to limit the number of gruesome photos related to the case.

Photos of Debolt prior to her death are not needed to establish identification and would only prejudice the jury, the defense asserts. "The prejudicial impact of a pre-death portrait lies in its power to generate sympathy for the victims and passions against the accused."

Gruesome photos may also prejudice a jury, but may be considered as evidence, the defense notes. The attorneys have requested a hearing concerning the admission of such photos, weighing their relevancy.

The Kansas Attorney General’s Office is prosecuting the case.

Longoria remains in the Sedgwick County Jail in lieu of $1.5 million bond. If convicted of capital murder, he could face the death penalty.