New trial date for murder suspect

A Bourbon County judge granted a continuance Monday in the case of a Fort Scott man facing charges of murder and child abuse.

During a scheduled pre-trial conference in Bourbon County District Court, Bourbon County District Judge Mark Ward granted a motion for a trial continuance filed Friday by defense attorney Robert Myers, a Columbus lawyer. Myers is representing the defendant, Anthony M. Anderson, who pleaded not guilty in October to charges of first degree felony murder and child abuse, which he faces for his alleged involvement in the April death of a 6-month-old boy.

Anderson was present with Myers during the Monday hearing. Assistant Attorney General Steven A. Karrer, who is representing the state in the prosecution, was also present.

Ward and attorneys in the case agreed Monday to schedule a five-day jury trial to begin at 9 a.m. Monday, May 23. A date for another pre-trial conference was scheduled for 9 a.m. Friday, April 15. Ward requested all further motions be on file on or before Friday, April 1.

During the Monday proceeding, Myers said a continuance was an "important issue to address" and requested pushing the case back as there are "multiple business records" and pieces of medical information to be reviewed by himself and experts. Myers said he knows this has delayed the process but he needs more time for the information to be reviewed.

Myers said he previously notified the defendant of his plans to ask for a continuance and Anderson "understands and agrees with the delay."

Karrer said he did not object to the defense's request for a continuance.

"I know the process isn't quick and this is not simply delaying it," he said.

Ward asked Anderson if he realized that with a continuance, Anderson would be waiving his right to a speedy trial. Anderson said he was aware of this and had discussed the matter with his attorney. During Anderson's arraignment and felony plea hearing in October, Ward had originally scheduled a jury trial to begin Feb. 1.

Anderson was bound over for arraignment following a preliminary hearing in late August. District Magistrate Judge Valorie LeBlanc announced during that hearing there was probable cause to bind Anderson over for both counts he is charged with. The court heard testimony from five witnesses who were called to the stand for that proceeding. The formal arraignment took place in October.

For the first count of first degree felony murder, the charge alleges that "on or about April 26, 2015, within Bourbon County, Kan., Anthony Michael Anderson did unlawfully and feloniously kill a human being ... in the commission of or attempt to commit an inherently dangerous felony as defined in K.S.A. 21-5402(c) and amendments thereto, to wit: abuse of a child as defined under K.S.A. 21-5602; in violation of K.S.A. 21-5402(a)(2); an off-grid person felony."

On the child abuse charge, the complaint alleges that "on or about April 26, 2015, within Bourbon County, Kan., Anthony Michael Anderson did unlawfully, feloniously and knowingly torture or cruelly beat a child ... or shake a child under the age of 18 years ... which resulted in great bodily harm to the child in violation of K.S.A. 21-5602; a level five person felony."

The criminal complaint, filed May 12 in Bourbon County District Court, omits the name of the infant but lists the date of birth as 2014. The complaint, signed by Karrer, lists the state of Kansas as the plaintiff and Anderson as the defendant.

The felony murder count carries a potential sentence of life in prison without the possibility of parole for at least 25 years and a fine not to exceed $500,000. The count of felony child abuse carries a potential sentence of 31 to 136 months in the Kansas Department of Corrections depending on the defendant's criminal history, as well as a fine not to exceed $300,000.

On the afternoon of April 26, members of the Fort Scott Police Department, the Fort Scott Fire Department and Mercy EMS responded to an accident call at a residence in the 300 block of South Broadway Street, where the infant, Aiden J. Osborn, was taken after the alleged incident occurred, according to a news released issued May 5 by the FSPD.

The incident allegedly occurred at another residence on South Broadway Street.

Osborn had reportedly fallen off a sofa and was transported to Mercy Hospital Fort Scott and later flown to Children's Mercy Hospital in Kansas City, Mo., where he died at 10:39 p.m. April 28, the release said.

Anderson made his first court appearance on May 15, when LeBlanc read the charges from the criminal complaint. Anderson was arrested May 5 by the Fort Scott Police Department in connection with the Osborn's death. Anderson was brought in on an arrest warrant and officially booked into the Southeast Kansas Regional Correctional Center on may 5. He remains in custody at the SEKRCC on a $1 million cash/surety bond.

The FSPD took part in an investigation of the case.