TOPEKA, Kan. (WIBW) — For roughly 20 minutes on Thursday, a 19-year-old man charged with murder in the shooting death of a Washburn University football player conferred with his defense attorney, then decided she would continue to represent him.

Defendant Francisco A. Mendez in April had filed a motion seeking to replace his defense attorney, KiAnn Caprice, whom Mendez had asked the judge to replace Caprice, saying she had failed “to provide the defendant effective’ assistance of counsel.”

In the hand-written motion, Mendez said a “significant breakdown” in communication between Mendez and Caprice had occurred, and there was an “irrevocable breakdown” in the attorney-client relationship, that she failed to investigate Mendez’ case in his best interest, and she hadn’t filed meritorious motions in his behalf.

The prosecutor, a 13NEWS reporter, and two other observers were instructed by the judge to leave the courtroom on Thursday to allow Mendez and Caprice privacy.

When court re-opened to the public, Mendez, through Caprice, apologized for his conduct during an earlier hearing when he made “inappropriate” remarks about Caprice.

Mendez also withdrew his motion seeking a new defense lawyer.
Caprice said the defense would hire an investigator to examine questions Mendez has.

The COVID-19 pandemic and social distancing lurked Friday on the fringes of planning the Mendez trial.

Shawnee County District Court Judge Cheryl Rios broached the idea of conducting jury selection outside the Shawnee County Courthouse and in a larger room so prospective jurors wouldn’t be so close together when the jury is chosen.

In pre-pandemic times, people chosen for jury duty sat shoulder-to-shoulder in rows adjacent to each other in a courtroom as they answered questions. Then if chosen for duty, they sat in a jury box a few feet apart for up to eight hours a day.

On Thursday when spectators entered the courtroom, court personnel directed them to sit in rows that weren’t closed with yellow emergency tape, and people wore masks and exercised social distancing of at least 6 feet between each other.

People conducting business in Shawnee Shawnee District Court offices and courtrooms must wear masks.

On Thursday, Rios said no jury trials would be conducted during the summer months due to the pandemic and orders issued by the Kansas Supreme Court. The courthouse re-opened to the public on Monday after it was closed for three months since mid-March.

The Mendez trial is scheduled to start on October 26, and the ending date is up to November 20. It isn’t expected the trial will require almost a month.

Pre-trial hearings will be conducted on September 4 and 25.

Mendez is charged with offenses on April 28, 2019, of:
• Premeditated first-degree murder of Dwane Simmons, 23.
• Attempted first-degree murder of Corey Ballentine, who was wounded.
• Three counts of attempted first-degree murder of Channon Ross, Kevin Neal and James Letcher, who were with Simmons and Ballentine.

The five men were Washburn University football players. Of the 12 charges Mendez faces, five are tied to events on April 28, 2019.
Ballentine played the 2019-2020 season on the New York Giants football team.

Of the 12 charges he faces, Mendez also is charged with two aggravated robberies on April 27, 2019, in what is referred to as the “Central Park robbery.”

Mendez is also charged with five aggravated robberies on April 30, 2019.

According to testimony during Mendez’s preliminary hearing, Ballentine, Simmons and three other members of the WU football team were standing at S.W. 13th and Lane celebrating Ballentine’s good fortune to be drafted into professional football when Ballentine and Simmons were shot.