An Ottawa man who was convicted of Second Degree Murder nearly 10 years ago is back in Franklin County to have his case re-tried. John Balbirnie was granted a new trial after the Kansas Supreme Court found errors in the original trial that they say may have resulted in an unfair trial. During a brief hearing yesterday, Balbirnie appeared before Judge Doug Witteman. Witteman set bond for a million dollars, which was the original bond. A status conference was scheduled for November 23rd at 3:00 p.m.
Balbirnie was found guilty of stabbing Paul Nicholson to death during a party in 2010. The State Supreme Court overturned the conviction after it said 911 tapes should have been admitted into evidence that could indicate Balbirnie did not deliver the fatal stab wound.
