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Mistrial in 'school attack' case

HOLTON, Kan. - Jackson County District Court Judge Tracy Klingsmith declared a mistrial in the case of Richard Bradley, 18, one of three defendants accused of plotting a Columbine-style attack on Royal Valley High School in Mayetta.

The high school is near the Prairie Band Potawatomi Reservation, with a significant number of tribal members who are students there. After the alleged plot was uncovered parents feared American Indian students might have been the targets for the three students after white supremacist propaganda was found in the homes of the suspects.

A press release from the Office of Judicial Administration for the state of Kansas stated that: "A mistrial in this matter had to be declared ... after it was learned that a lengthy law enforcement investigative report had not been disclosed to the defense despite an earlier agreement between the attorney general's office and the defense that all such documents would be provided in this case. The defense demonstrated a clear entitlement to the information contained in the report and how its timely disclosure could have significantly changed the manner in which the defense proceeded in this matter."

Judge Klingsmith stated July 19 he was unable to disclose the contents of the investigative report and that it had not been admitted as an exhibit in the proceedings. He went on to say that failure of the prosecution to report to the defense was inadvertent and not purposeful.

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The office of the attorney general declined to go into what was contained in the report.

Bradley is charged with conspiracy to commit aggravated arson or in the alternative, two counts of criminal use of explosives, one count of criminal threat and one count of aggravated intimidation of a witness.

Following the declaration, Bradley left the courtroom with his family and remains on bond until his new trial tentatively slated for Aug. 13.

Also accused in the plot to allegedly launch a Columbine-style attack on the high school were James Lopez, 17, and Jason Moss, 17. Lopez was convicted in April after he reached a plea agreement with the prosecution to testify against his co-defendants Bradley and Moss. Lopez is serving 18 months in a juvenile facility on one count of criminal use of explosives and one count of criminal threat.

Moss is awaiting trial on charges of conspiracy to commit aggravated arson or in the alternative solicitation to commit aggravated arson, two counts of criminal use of explosives and one count each of aggravated intimidation of a witness and criminal threat. His trial is scheduled for August.