GREEN BAY, WI (WTAQ) – A motion to drop ricin possession charges against an Oshkosh man has been rejected by a federal judge in Green Bay.
21-year-old Kyle Smith appeared in court Wednesday and still faces two counts: knowingly developing and possessing ricin for use as a weapon, and having ricin not in its naturally occurring form and not for a reasonable purpose.
The first count carries maximum penalty of life in prison, while the second count has a maximum penalty of 10 years in prison.
Oshkosh police and the Wisconsin National Guard found one-and-a-half grams of ricin inside Smith’s apartment last Halloween, according to the criminal complaint.
The attorney for Smith argued both statutes were vague and too similar. Judge William Griesbach denied that motion Wednesday.
Another motion from the defense is pending, which asks that Smith’s statements to police be ruled inadmissible due to violations of Smith’s Miranda rights. No decision has been made on that.
Both sides return to court February 17.
Also Wednesday, the judge pushed back Smith’s trial from February 17 to March 16.
(Additional reporting from FOX 11).
