A judge has scheduled a new trial for a Kansas veteran accused of possessing explosives after an appeals court tossed out key evidence from his first trial.
U.S. District Judge J. Thomas Marten on Thursday scheduled a May 7 trial for Alfred Dutton. The Army and Marine veteran from Eureka is charged with unlawful possession of unregistered destructive devices.
The 10th U.S. Circuit Court of Appeals ruled last month the judge at Dutton's first trial should have suppressed evidence taken from a storage unit where authorities found five jars of homemade napalm with fuses attached. The appeals court said authorities lacked reason to suspect criminal activity.
Defense attorney John Henderson has argued Dutton was preparing for an economic collapse. His apartment was filled with nonperishable foods, medical supplies and other survival items.