When William Van Dyke went to prison in 2000 for molesting his granddaughter, the girl's mother thought she needn't worry about him again.
That changed Friday, when she learned he'll be released on bond until his appeal is decided. No one knows how long that could take, in part because of a record-keeping error by the Douglas County District Court.
"I'm kind of devastated," the woman said. "We did nothing wrong. Why should we have to continue dealing with this?"
But Van Dyke's attorney, state appellate defender Nathan Webb, said Van Dyke shouldn't be in prison while his day in court is delayed.
"Mr. Van Dyke is not getting off scot-free," Webb said. "If Mr. Van Dyke loses his appeal, he'll go back to prison."
Van Dyke, 78, was sentenced to more than four years in prison in October 2000 for molesting his granddaughter during a series of incidents that ended in October 1999. The girl, who has cerebral palsy, was 10 years old when the incidents began.
Van Dyke's attorneys filed a suit against the state, arguing the sentence was cruel and unusual because he suffers ailments that, together with his age, make it unlikely he will survive a prison sentence. He is at Hutchinson Correctional Facility.
"It's basically going to be a death sentence for him," Webb said. "He's been in Wesley Medical Center for heart problems, and he's been treated for a staph infection in the last month."
The girl's mother, Van Dyke's former daughter-in-law, was unmoved.
"It isn't any more cruel and unusual than what he did to my daughter," she said.
Judge Mike Malone agreed, dismissing the civil suit in February 2001. Van Dyke appealed. But then district court officials couldn't find transcripts of the court hearings from the suit. The court reporter moved to New Zealand after the case and didn't keep the transcripts.
So, hearings are delayed while officials seek the transcripts.
"He's not a threat to anybody on the streets," Webb said. "But we do have to protect his due process rights."
At Friday's hearing, Malone set bond at $20,000, rejecting prosecutors' requests to increase it to $500,000. He also ordered that Van Dyke have no contact with children, be confined to his home except for doctor's appointments and continue psychological treatments.
Assistant Douglas County Dist. Atty. Angela Wilson said she would ask Malone to reconsider. The girl's mother said she doesn't know what to do.
"I don't like it," the woman said. "I want to go on with my life and not have to deal with any more of these issues."
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