Friday, Dec. 19, 2008

Prosecutors dismiss second assault charge against Hudson

The battery and assault of a law enforcement officer case against Kim Hudson, who in a separate incident was shot after allegedly charging at an Olathe Police Officer with a knife, has been dismissed.

Hudson, 27, was scheduled to appear Wednesday in the case, stemming from an April 26 incident with two Overland Park Police officers, in which she was not arrested. She wasn’t charged until more than a month later.

According to a motion filed by Assistant District Attorney Brad Burke, the state received “supplemental information” regarding Hudson’s case and needed additional time to evaluate it, so he asked that it be dismissed.

On Thursday, Burke declined to elaborate on what information the state had received. Because the case was dismissed without prejudice, the state could refile it, he said.

Scott Toth, Hudson’s attorney said his defense would have been, had a confrontation taken place between Hudson and the police, it was incidental.

“My belief is that the prosecutor took a good hard look at the evidence and agreed with our assessment,” he said.

Hudson will stand trial Feb. 23 for a third time on one count of assault on a law enforcement officer. Olathe Police officers Callie Smith and

Jason Sahin responded to Hudson’s duplex about 3:30 a.m. April 23, 2007, after it was reported that she had a knife and threatened to kill herself.

According to the officers’ testimony, they shot Hudson when she allegedly got out of bed and approached Officer Smith while holding the knife over her head. Hudson testified in court that she never got out of bed or threatened the officers.

Juries in Hudson’s previous two trials were unable to reach unanimous verdicts.

The last, in March, voted 10 to 2 to acquit her.

In November, a Kansas City, Mo. attorney, alleging Hudson’s case was a “giant coverup,” filed a civil lawsuit against the officers, the police department and Olathe, seeking unspecified monetary damages caused by the shooting, her arrest and false imprisonment.

At the time, Hudson’s father, John, called the case a “conspiracy.”

Hudson will appear next for a motion hearing Jan. 14.

Toth said he didn’t dismissal of the other case would have any bearing on Hudson’s third trial because evidence from the incident wouldn’t have been admissible.

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