Convict seeks new trial in son’s molestation
Topeka ? A Lawrence man convicted of molesting his son wants a new trial, his attorney told the Kansas Court of Appeals Wednesday.
A jury convicted the 55-year-old man in March 2001 on one count of aggravated criminal sodomy for molesting his then-11-year-old son in 1996. The trial jury couldn’t reach a verdict on a similar charge he molested his then-13-year-old son during the same period. The man is serving a 113-month prison sentence for the conviction.
The Journal-World generally does not identify those convicted of sex crimes if doing so also would identify the victim.
Wednesday, the man’s attorney said that while Douglas County prosecutors presented evidence of numerous molestation incidents spanning months, they didn’t specify which incident the suspect was being charged with ” or convicted of ” as required by law.
“What the prosecution did was put on all the evidence they could, throw it to the wall, and hope it would stick,” said Shawn Minihan of the state Appellate Defender Office.
Assistant Douglas County Dist. Atty. Brad Burke said the victim offered evidence about one encounter, right before authorities took him from the home.
“There was detailed testimony about a specific incident,” Burke said. “But then he said it happened multiple times.”
The three-judge appellate panel of Robert Gernon, David Knudson and Edward Larson (a retired Kansas Supreme Court justice) asked no questions during the presentation Wednesday.
Court of Appeals decisions typically are announced six to eight weeks after arguments.







