After 31-year-old James McDaniel was convicted on a whole slew of charges associated with a meth lab found in the basement of home in 2003, his cousin was facing charges associated with the same crimes and was scheduled for a preliminary hearing Thursday, however some of the key witnesses in the case against 44-year-old Anthony McDaniel didn’t show in court.

The state asked for as continuance on the old case which was denied. Magistrate Judge Randy McEwen then dismissed the case. District Attorney Keith Schroeder says they will appeal that decision.

McDaniel’s had been living in Michigan and apparently came back to Kansas to face charges of manufacture of methamphetamine, or in the alternative, attempted manufacture of meth, possession of ephedrine, lithium batteries, anhydrous ammonia, possession of methamphetamine and possession of drug paraphernalia.

It was on October 30, 2003, when police were called to the residence at 1314 North Washington on the report of a disturbance. They found James McDaniel and his girlfriend outside the residence waiting for them. McDaniel told police that his cousin Anthony had hurt his girlfriend and also told of the possible meth lab in the basement, blaming his cousin for it being there. Officers obtained a search warrant and found the meth lab. But, they also found items consistent with that lab in James McDaniel’s bedroom. He argued at trial that it wasn’t his and someone must have placed those items there.

The jury didn’t buy it and he was convicted and ordered to prison for 80-months. He is now free and wants to testify in court against his cousin.

The two witnesses who didn’t show in court were both involved in the investigation, that being Hutchinson Police Officer Ernie Underwood who is on medical leave, and former officer Lee Ann Campbell who District Attorney Keith Schroeder believes is now with the Haven Police Department. James McDaniel’s was the only one of the states witnesses to show up.