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6:52 PM Wed, Nov. 14th

Anderson's trial postponed <BR><BR>

The trial for murder suspect Frank Winfield Anderson, the 52-year-old California man accused of killing three people in Golden Valley almost five years ago, has been postponed until September.

Anderson's second trial was expected to begin in Mohave County Superior Court June 21.

However, judges agreed Thursday during a pretrial hearing to postpone the trial date.

In his first trial, a Mohave County jury found Anderson guilty Jan.

21, 1998, for three counts of first-degree murder, one count of armed robbery and one count of conspiracy of murder.

The Arizona Supreme Court struck down Anderson's death sentence.

The court ruled 4-1 to overturn the sentence because of an error in qualifying jurors during his 1998 trial, records show.

In the new trial, Anderson faces the same charges as in 1998.

Anderson's attorney, Tom Kehm, filed a motion to order Anderson's co-defendant Kimberly Lane as a witness.

He stated he might also file a motion to see if the third co-defendant in the murder case, Bobby Poyson, who is currently on death row, would testify.

According to Lane's attorney Eric Engan, Lane has already stated she would not testify on Anderson's behalf.

Chief Deputy County Attorney Jace Zack has stated he would not used Lane or Poyson as witnesses against Anderson.

In Thursday's hearing, Superior Court Judge James Chavez demanded to know if the defense attorney would be ready by the June date.

Kehm questioned whether he would be ready June 21.

"I'm not sure the issue about Miss Lane will be resolved by then," Kehm said.

"I don't think I can guarantee June 21."

After conferring with both attorneys, Chavez then set Sept.

5 as the start of Anderson's trial.

Chavez also set June 15 as the next scheduled hearing to resolve the issue if Lane or Poyson will testify.

He then vacated a previous order to send Lane to the state Department of Corrections to serve out her term.

She will remain in county jail until the next hearing.

Jurors during the Anderson's first trial filled out written questionnaires concerning their views of the death penalty.

Three jurors were removed from the jury pool because they wrote they were against the death penalty because of religious beliefs.

The appeal to the state Supreme Court said that Anderson was denied his constitutional right to an impartial jury.

This time around, Chavez said potential jurors will not be given written questionnaires, as was the case in the first trial.

Questioning will be done orally in court.

Anderson along with Poyson, 24, and Lane, 19, were convicted separately of murdering Leta Kagen; her 15-year-old son, Robert Delahunt; and Kagen's boyfriend, Roland Wear at the Kagen residence on Yavapai Drive on Aug.

12, 1996.

Anderson, Poyson and Lane had allegedly planned to kill their victims to steal Wear's truck.

The trio then fled to Illinois, where they were arrested about a week after the killings, records show.

Poyson was sentenced to death in November 1999.

The U.S.

Supreme Court upheld his conviction and death sentence in 2000.

Lane was convicted and sentenced to 32 years in prison in June 1999.

Prosecutors were unable to seek the death penalty against Lane since she was 14 at the time of the murders.

The Arizona Court of Appeals overturned her conviction and the state Supreme Court upheld the decision.

Her case was overturned because her confession was tossed out because of her age and her mental capacity.

Lane recently changed her plea and was sentenced to eight years in prison, more than half of which she has already served time for.