OLATHE, KAN. -
An Olathe woman shot twice by police avoided a fifth trial Friday for battery on a police officer after a judge granted her defense motion.
Prosecutors were seeking to try Kim Hudson, 26, for a fifth time, claiming she charged at two Olathe police officers with a knife when they responded to her home in April 2007. The first, second and fourth trials ended in hung juries and a third trial ended in a mistrial.
From the beginning Hudson and her parents said the charges against her were a conspiracy to cover-up wrong-doing by police. Now, they feel exonerated, but they're not done with the police department.
Judge Stephen Tatum pointed out Kim Hudson had gone through four trials, three prosecutors, two district attorneys and 47 jurors. The last panel deadlocked 10 to one for acquittal.
"It's the court's conclusion, that the evidence in this case is insufficient to sustain a a conviction," said Judge Tatum. And, with that, Kim Hudson's two-and-a-half-year battle to clear her name was over.
"I'm just glad that I was able to live, to tell the truth and the truth be told and seen and that justice was served finally," said Hudson.
The night of the shooting in 2007 police were responding to a suicide call and insisted Kim refused to drop a knife. She admits to that fact. "I don't know why I didn't, I obviously just was not with it that night but it was no reason to get shot," said Hudson.
Police claim she jumped off her bed and came at them. Kim said she never left her bed, something blood spatter and gun powder experts for the defense, back up.
"It went in here and came out here. It collapsed my lung. I had a few broken ribs," said Hudson.
Neither Olathe officer was armed with a taser. The female officer once testified that she told Kim Hudson not to take another step toward her or she would shoot. But in court, her own microphone belt proved she never said that.
"It just goes to support our position that we maintained all along which is she never got out of the bed why was she shot we will probably never know," said defense attorney Scott Toth.
"There's a conspiracy. There's definitely a conspiracy," said John Hudson, Kim's father. He spent $140,000 on her defense. He's convinced the shooting snowballed into a cover-up.
"It also became a case that if the prosecutors didn't win, the Olathe Police Dept. was going to be responsible for a large sum of money," said John Hudson.
Kim Hudson filed a civil suit against the Olathe Police last year. Friday, the department had no comment.
Prosecutors said they're disappointed with the judge's decision, but can't say more because of the pending lawsuit.
Prosecutors were seeking to try Kim Hudson, 26, for a fifth time, claiming she charged at two Olathe police officers with a knife when they responded to her home in April 2007. The first, second and fourth trials ended in hung juries and a third trial ended in a mistrial.
From the beginning Hudson and her parents said the charges against her were a conspiracy to cover-up wrong-doing by police. Now, they feel exonerated, but they're not done with the police department.
Judge Stephen Tatum pointed out Kim Hudson had gone through four trials, three prosecutors, two district attorneys and 47 jurors. The last panel deadlocked 10 to one for acquittal.
"It's the court's conclusion, that the evidence in this case is insufficient to sustain a a conviction," said Judge Tatum. And, with that, Kim Hudson's two-and-a-half-year battle to clear her name was over.
"I'm just glad that I was able to live, to tell the truth and the truth be told and seen and that justice was served finally," said Hudson.
The night of the shooting in 2007 police were responding to a suicide call and insisted Kim refused to drop a knife. She admits to that fact. "I don't know why I didn't, I obviously just was not with it that night but it was no reason to get shot," said Hudson.
Police claim she jumped off her bed and came at them. Kim said she never left her bed, something blood spatter and gun powder experts for the defense, back up.
"It went in here and came out here. It collapsed my lung. I had a few broken ribs," said Hudson.
Neither Olathe officer was armed with a taser. The female officer once testified that she told Kim Hudson not to take another step toward her or she would shoot. But in court, her own microphone belt proved she never said that.
"It just goes to support our position that we maintained all along which is she never got out of the bed why was she shot we will probably never know," said defense attorney Scott Toth.
"There's a conspiracy. There's definitely a conspiracy," said John Hudson, Kim's father. He spent $140,000 on her defense. He's convinced the shooting snowballed into a cover-up.
"It also became a case that if the prosecutors didn't win, the Olathe Police Dept. was going to be responsible for a large sum of money," said John Hudson.
Kim Hudson filed a civil suit against the Olathe Police last year. Friday, the department had no comment.
Prosecutors said they're disappointed with the judge's decision, but can't say more because of the pending lawsuit.
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