Man who plotted to kill President Obama appears in Sioux Falls c - KSFY News - Sioux Falls, SD News, Weather, Sports

Man who plotted to kill President Obama appears in Sioux Falls court

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 A man accused of planning a killing spree which started in Sioux Falls and was to end at the White House -- found himself in court again.

 A judge ruled in January that James McVay could face the death penalty.

 But there are a couple of legal hangups.

 McVay pleaded mentally ill but guilty of killing a 75-year-old Sioux Falls woman in 2011.

 But there could be a conflict of interest in his case involving his lawyers.

 So the judge had him in court to make sure he's aware of this and his rights.

 James McVay made his way into court to hear about an issue involving his public defender.

 McVay's attorney works at the same office as a lawyer he's suing in a previous case.

 So the court wants to make sure he's aware and OK with that before moving the case forward.

 States Attorney Aaron McGowan says McVay's day in court is in everyone's best interest -- the defendant -- the state and the justice system. "In a capital case, every single phase and every issue is extremely important. Both sides, as well as the court want to act very proudly, ensuring that process goes as smoothly and properly as it should. Make sure that the defendant is aware of all his rights as we proceed in this case.  We want to be very thorough in making a record to make sure we've done everything we possibly can to ensure the process works correctly."

 McVay's day in court could be considered a formality.

 As McGowan said -- the court wants to make sure McVay is aware of the potential conflict of interest.

 But what's also important to the case is that they have McVay's approval on record.

 The judge will hear more motions in the case on July 25th and 26th.

 McGowan tells us it's not uncommon for a number of motions to be filed to protect the interest of all sides in a case.

 After all the motions have been heard -- the court will rule on those motions.

 Then, a jury will hear the case.

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