Rory Foster, 31, and his court-appointed attorney, Rustin Rankin, Fredonia, sought to convince District Judge David Roger on Monday that Foster had ineffective defense counsel when he was convicted of first-degree murder, rape and other charges in 2008.
Allen County Attorney Wade Bowie argued for the state. Bowie told the Register Tuesday afternoon Rogers likely would rule on the appeal in October.
Appearing for the prosecution were Sheriff Tom Williams and three attorneys who represented Foster at various times after his arrest and through his trial, David Clark, John Gillette and Mike Brown.
“We have 30 days to prepare briefs relative to the hearing for Judge Rogers,” Bowie said of the next step for the defense and prosecuting attorneys.
If the result doesn’t favor Foster, he can take the case on to the state Court of Appeals.
Foster was brought to Allen County Sunday by Kansas Department of Corrections guards stationed at the El Dorado facility, where Foster is imprisoned. He was returned to El Dorado late Monday afternoon.
Bowie noted no incidents occurred while Foster was here, unlike four years ago when he bolted from the courtroom after his conviction was announced. He was captured within seconds.
FOSTER, THEN 27, killed Briawna Hardrick, 19, in her apartment on the east side of Iola early the morning of April 26, 2006. After bludgeoning Hardrick, he set fire to a bed where her body laid. A second victim Rachel Reeder, also 19 at the time, escaped and was a key prosecution witness in the case.
In addition to murder and rape, Foster was convicted of aggravated arson, aggravated battery, aggravated kidnapping, criminal threat and aggravated criminal sodomy.
He is serving 50 years without chance of parole for murder, as well as consecutive terms totaling 39 years and four months and another 81 months concurrently for the other convictions.
