Judge refuses to overturn conviction in dragging death

KANSAS CITY, Kan. -- A judge refused to throw out the murder conviction of an admitted carjacker who dragged a young boy to his death, setting the stage for jurors to consider a sentence.

Kim L. Davis, 36, faces either the death penalty or life in prison without parole. Testimony in the penalty phase of the trial was to begin today before the Jackson County Circuit Court that convicted him Friday of first-degree murder, armed criminal action, tampering and kidnapping.

Six-year-old Jake Robel of Independence, Mo., was killed on Feb. 22, 2000, when he became tangled in a seatbelt in his mother's Chevy Blazer as Davis drove it out of a convenience store parking lot.

Prosecutors contended Davis knew the boy was being dragged along the pavement as he drove on Independence streets and Interstate 70. The defense said Davis was unaware of Jake's presence.

On Saturday, Circuit Judge John O'Malley rejected a defense motion for a mistrial.

Defense lawyers William Shull and Christopher Slusher argued that one juror prejudiced others during deliberations by revealing that Davis' daughter had been adopted by another person.