The hearing for a Hutchinson man on two counts of burglary was continued Thursday because the defendant in the case was not transported to Reno County from the prison in Norton where he is being housed.

The state wants to retry Rusty Bryant after a jury couldn’t reach a verdict on those two charges. They found Rusty Bryant guilty of two counts of theft in that case, but were hung on the burglary counts.

The motion hearing on the two burglary charges was over a motion the state filed which is called a “60-455” motion. Under Kansas law, some evidence from past crimes is admissible at trial when its relevant to prove some other material facts including motive, opportunity, intent and other factors that would show that he committed the current crimes. The defense “no doubt” wants to keep that evidence out.

Bryant was earlier sentenced to 120-months, or 10-years in prison after a jury found him guilty of four counts of aggravated burglary and seven counts of auto burglary associated with crimes in the Prairie Dunes- Linksland Drive area in suburban Hutchinson between July 5, and 11 of 2012. The jury also found him “guilty” of two counts of theft in the current case.

One of the alleged crimes occurred outside Grace Bible Church at 1221 East 33rd. He was convicted of stealing tools from Wiens and Company Construction and their employees. They had a semi trailer at that location and he allegedly broke a lock and stole various tools from the truck. The other incident involves him stealing a GPS device from a vehicle parked at a nearby car lot. Both incidents allegedly occurring on July 13, 2012.

The state wants to show that there had to be break-ins for him to commit the thefts.

The hearing is now continued till December 10.