Court throws out conviction in grisly slaying

KANSAS CITY, Mo. -- An appeals court Tuesday ordered a new trial for a man convicted of killing another man and then chopping off the victim's head and hands.

A three-judge panel from the Missouri Court of Appeals' Western District unanimously threw out the conviction and sentence for Chester E. James, ruling that his defense lawyer was ineffective during jury selection.

A Jackson County jury convicted James, now 65, of Kansas City, of second-degree murder and armed criminal action in the death of Kevin M. Tucker, 38.

Authorities alleged James shot Tucker in February 2000. Police said he later returned to the scene and cut off Tucker's head and hands with an ax, and with the help of his son, disposed of the body parts in a garbage bin. Police managed to identify Tucker by a partial palm print.

James, who contends he is innocent, was sentenced to 40 years in prison.

While under oath, one prospective juror said she would have a biased opinion of someone's innocence if he or she refused to testify, the appeals court ruling said. The woman was nonetheless included on the jury, which convicted James in February 2002.

The appeals court ruled the woman made comments that "clearly suggested" she would have difficulty assuming James' innocence if he did not testify. The ruling also noted that the defense lawyer did not remember the reasons behind not dismissing the juror and that "a reasonably competent attorney would have challenged the potential juror for cause."

"The fact she served on the jury can only mean that James was tried in violation of his constitutional right to an impartial jury and that prejudice is so likely that prejudice may be presumed," the ruling said.

James' attorney did not immediately return a phone call seeking comment Tuesday. The Jackson County prosecutor's office declined to comment on the decision.

When James' was sentenced in April 2002, assistant Jackson County prosecutor Phil LeVota described him as a career criminal with convictions at the federal and state level dating to at least 1958. Among the charges were stealing, assault, intention to kill a police officer, bank robbery, making terrorist threats and possession of drugs.

Police said James' son, Vincent M. James, of Kansas City, told them he accompanied his father when Tucker's body was mutilated. But at his father's trial, Vincent James also refused to testify, citing his constitutional right against self-incrimination.