FF12: Man charged with attempted capital murder questions charges

Published: Oct. 6, 2017 at 11:22 AM CDT
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A man charged with attempted capital murder after officers said he raped a 7-year-old girl continues to try to write his own motions.

The latest handwritten attempt at a motion has to do with Corbin Breitenbach's charges. He argues because he's charged with attempted capital murder, he can't also be charged with rape or criminal sodomy because they all refer to the same crime.

Breitenbach writes out the statutes describing the charges and argues that a single offense cannot warrant several charging counts. He refers to the idea of "Double Jeopardy" writing that it applies in his case.

However, the idea of Double Jeopardy in law means a person cannot be charged for the same crime twice. Meaning if Breitenbach is found not guilty on his current charges, he cannot be charged and tried again for the same accused crime.

For weeks, Breitenbach has been attempting to write his own motions asking for things like evidence and for all of his hearings to be closed to the media. A judge told him in court that his handwritten pages are merely letters and do not count as motions because he has an attorney.

The judge told Breitenbach he can either represent himself or utilize his attorney but he can't act as co-counsel. Breitenbach made it clear he didn't agree with that.

Breitenbach is scheduled to appear in court next on November 27.