TOPEKA – The Kansas Court of Appeals Friday reversed the conviction of a former Buhler Debate Coach and ordered the case back to District Court.
70-year-old Richard Young 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 in August of 2007.
Young has always maintained his innocence and appealed saying the court erred when they allowing prior bad acts testimony from Young’s stepsons. That alleged abuse occurring some 30-years earlier.
The appeals court had made the same conclusion in a previous criminal case here in Reno County. John Prine’s case was similar where the state admitted evidence of prior bad acts. He was convicted of rape, aggravated criminal sodomy and indecent liberties with a child. The Appeals Court ruled that it was improper for the court to allow evidence of Prine’s bad acts and ordered a new trial. But, the legislature revamped the law in light of that decision and Prine was tried again with the exact same evidence and was again convicted.
The Appeals Court ruled Friday that Young was convicted prior to the law in K.S.A. 60-455, and therefore the new law did not apply in this case.
District Attorney Keith Schroeder told us today, that he thought this decision by the court was a possibility clear back when he made arguments. He admitted they were struggling over this issue when it was being argued. He says he petition the Supreme County for a review of the case, hoping they will reverse the Appeals Court ruling.
Schroeder says there is a case called, “State vs Hart,” that is currently under review. He says the Appeals Court ruling stated that the prior crimes evidence was retro-active to the changes in legislation. Schroeder says, “we have a lot of unsettled legal issues about the retro-application of the other crimes statute under K.S.A. 60-455.”
But, Schroeder as he has stated many time before believes even prior to the change in the law, he believes this evidence was admissible because of the similar nature of the current alleged crimes and crimes of the past. He believes the Court of Appeals is using a to strict interpretation that has changed over the recent years, so he says he would contest that. He says believes the changes the legislator made in light of the decision in the Prine case is explicable to this case. He believes it’s something the Kansas Supreme Court will have to decide.
The investigation surrounding Young began after a 16-year-old South Korean student that he sponsored in 2007 was terminated from the exchange program at Young’s request. The student alleged to the inappropriate conduct on the part of Young.
The state presented evidence of the three stepsons who testified to being molested by Young when they were young. One said he has been molested starting when he was 10-years-old and continued until he was 15-or-16. He stated the abuse happened hundreds of times. Another son stated it started when he was 6-years-old and stopped around the time he turned 17. The third son said he was abused between the ages of 10 and 13.
Again, the appeals court reversed the conviction in the case and ordered a new trial, but the state will ask for a review by the Kansas Supreme Court meaning any new trial would be a long ways down the road.