The case of a Wichita man convicted of one count of aggravated indecent liberties with a child here in Reno County and sentenced under Jessica’s Law is scheduled to go before the Kansas Supreme Court on Thursday.
Dean Boleyn’s Appellate Defense is arguing that the court erred when they allowed the state to show homo-sexual photos that were found in his possession, this after he took the stand in his own defense and argued he was not gay.
The defense is also challenging the constitutionality of Jessica’s Law.
Boleyn had been accused of the 5-counts of aggravated indecent liberties which allegedly occurred between July of 2007, and February of 2009.
The jury apparently having trouble with the additional four counts, when in the taped conversation between him and the boy presented to the jury, he repeatedly stated he didn’t want to spend the rest of his life in prison for one mistake. One juror telling us they just couldn’t find the evidence for the other counts.
Boleyn maintained that there was no inappropriate touching, only one incident where he struck the boy in the groin area.
Under Jessica’s Law, the sentence is 25-years in prison before being eligible for parole.
District Attorney Keith Schroeder will argue for the state when the matter is heard before the high court Thursday.
