One of three men who received probation in a controversial sentencing for a 2003 rape of an intoxicated 13-year-old girl was back in court Thursday to face an allegation he’s not living up to terms of his probation.

William N. Haney, 20, Lawrence, was arrested Wednesday on a probation-violation warrant and appeared Thursday before District Court Judge Paula Martin — the same judge who caused an uproar in 2004 by giving him a second chance and not sending him to prison.

Martin withstood an effort to vote her off the bench in the November election after she lightened sentences for Haney and two other men convicted of having sex with the victim at a late-night gathering in June 2003.

The judge’s decision to put Haney on probation came despite a probation officer’s pre-sentencing recommendation that he was “not a strong candidate” to succeed on probation.

“I’m relieved to know that they’re pursuing the violation, but it also makes me very angry,” the victim’s mother said Thursday. “Obviously, probation is not intensive enough.”

Many allegations

In a court document filed last week, probation officer Craig Eddis alleged Haney repeatedly violated terms of his probation in the past year by:

• Failing to notify probation officers before leaving his home on 10 different occasions.


The judge's decision to put William Haney, above, on probation came despite a probation officer's pre-sentencing recommendation that he was not

• Arriving late for at least two meetings and failing to show up for two other meetings at the Community Corrections office.
• Failing to complete enough community service hours.
• Missing three sex-offender treatment appointments.
• Associating with a “known offender.”
• Being cited by police for a noise disturbance.
• Lawrence Police arrested Haney late Wednesday afternoon at McCollum Hall, a Kansas University residence hall. Ron Stegall, the county’s chief executive probation officer, said he didn’t know why Haney was at the residence hall.

In a brief court appearance Thursday, Haney told Martin he didn’t have enough money to hire an attorney. Martin appointed an attorney for him, set his bond at $10,000 and set his next court date for April 14.

Assistant Dist. Atty. Brandon Jones said during the hearing that probation officers would recommend Haney be sent to a boot camp in Labette County. Martin also could give Haney another chance at probation or order him to serve his 30-month prison sentence.

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Background on cases

Normally rape — whether it’s physically-forced or statutory — carries a minimum penalty of about 13 years in prison. But Martin broke from sentencing guidelines for Haney and two co-defendants based on a provision in state law that allows judges to lighten the sentence if they find “substantial and compelling” reasons.

Martin said the harm the girl suffered was less than the harm suffered by some rape victims. Other reasons she cited included the ages of the people involved and a finding that the girl was an active participant in the night’s events.

“On the night of his incident, the victim was drinking,” Martin said at Haney’s sentencing. “The evidence shows the victim to be an active participant. There were no threats. There was no force. There were no weapons used. There was no cajoling.”

Martin said she’d also considered a psychologist’s findings that Haney posed no threat to society and was immature and impulsive. She said one goal of sentencing guidelines was to reserve prison space for violent offenders to reduce overcrowding.

She ordered Haney to serve 60 days in jail, do 500 hours of community service and be on probation for five years.

The case led to the first formal campaign in Douglas County history to unseat a District Court judge. A group called the Justice for Children Committee — organized in part by the victim’s mother — campaigned against retaining Martin in the November election.

In the end, 63 percent of voters said “yes” to keeping Martin on the bench.

Where are co-defendants?

Martin gave similar sentences to Brian K. Ussery, 20, Tonganoxie, and Michael J. Rayton, 29, Lawrence, who also had sex with the girl that night.

Both are still on supervised probation, and neither has been cited for a probation violation.

One of the arguments Rayton’s defense attorney made for probation was that Rayton, who has limited mental ability, could be placed in residential assisted living.

However, Rayton’s last listed address was at the Salvation Army Shelter, 946 N.H.

Paula Gilchrist, the shelter’s director of social services, said she couldn’t comment in detail about Rayton’s case. But she said it’s possible to successfully be on probation while staying at the shelter.

“This isn’t always the best environment for them to be in, but a lot of times neither was their family or friend support when they got into trouble,” she said. “I’m not saying we’re a good solution, but we are often caught in those circumstances for lack of a better solution.”

Chief probation officer Stegall said his office works closely with the shelter, which requires residents to take life-skills classes and be tested for alcohol.

“I feel very confident about our ability to monitor people who live at the Salvation Army,” Stegall said. “Living there is not in any sense a permanent goal … but we view it as a very good transitional phase to move to something better.”