As we have been telling you, two child sex cases on appeal were argued before the Kansas Supreme Court Wednesday morning. District Attorney Keith Schroeder telling us that he believes the arguments in both cases went well.
Both involved testimony of prior bad acts during trial and in one case caused new legislation allowing such evidence. That was the case against John Prine
John Prine managed to get a new trial in his child sex case after the courts ruled the District Court erred when they allowed prior bad acts into his trial. That led to the legislature changing the law, and he was retried using virtually the same evidence and was again found guilty of rape, aggravated criminal sodomy and aggravated indecent liberties with a child. He was sentenced to 32-years in prison. Prine was also sentenced to four years for comments made at the first sentencing where he was found in contempt of court 8-times.
The crimes are alleged to have occurred on December 11, 2003 and involved a 6-year-old girl he was babysitting.
The other case is against 32-year-old Edward Spears III. The McPherson man was found guilty in Reno County of 6-counts of aggravated indecent liberties and sentenced to serve 51-years in prison. The case involved lewd fondling or touching of the then 8-year-old girl in August or September of 2007.
Schroeder says the decision in these two cases could have an impact on the case still pending a possible review by the states high court, that being the conviction and sentence of 70-year-old Richard Young.
The former Buhler debate coach was sentenced to over 13-years in prison after being convicted in October of 2008 on one count of aggravated indecent liberties with a child, two less severe counts of indecent liberties, and indecent solicitation. The convictions are in association with the sexual abuse of a South Korean foreign exchange student who was staying with him at his home in Buhler. The crimes occurring in August of 2007.
Schroeder also used prior bad act testimony of Young’s stepsons. The Kansas Court of Appeals recently overturned that conviction and sentence. Both sides in that case are asking for a review by the Kansas Supreme Court over the appeals court decision.
Schroeder says it could be sometime down the road before decisions are made in all these matters. He says the last time they considered the Prine case, it was 13-months before they issued a ruling.
