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Supreme Court Upholds Life Sentence For Hutch Man in Criminal Sodomy Case

The Kansas Supreme Court Friday upheld the sentence for a 23-year-old Hutchinson man sentenced to 25-years-to-life for a conviction of aggravated criminal sodomy under Jessica’s Law.

Aaron Salinas had entered a plea to one count of aggravated criminal sodomy, while the state dropped a second. He was convicted of engaging in the inappropriate behavior with a 6-year-old boy around September 20, 2008. The alleged crimes occurring here in Hutchinson.

Salinas appealed saying the court abused it’s discretion in denying a motion to depart from the hard 25-sentence. But, the Supreme Court Friday disagreed saying the mitigating factors presented to Judge Tim Chambers were not substantial and compelling reasons in light of the circumstances of the case, which included the fact that the victim was a 6-year-old autistic child who had been in the defendants care at the time. They went on to say that expert testimony presented at sentencing shows the defendant would likely offend again if given the chance, and that most likely, rehabilitation would do little good.

Defense Attorney Alice Osburn at the time of sentencing filed a motion challenging whether Jessica’s Law is constitutional calling it cruel and in humane punishment, but that was denied. Judge Chambers stated he believed it was constitutional at both the state and national level.

The mother of the victim confronted Salinas and then beat him up, when she learned of the abuse.

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