A defense attorney said "someone dropped the ball" in supervising a mentally disabled man who was ordered to probation for having sex with a 13-year-old girl in a high-profile 2003 case.
Prosecutors want to revoke the probation of 29-year-old Michael J. Rayton, alleging he repeatedly violated curfew and skipped appointments during a one-year probation period.
But in a hearing Friday in District Court, defense attorney James Rumsey asked a judge for more time to investigate the kind of mental health help Rayton did or didn't receive while on probation.
According to testimony, Rayton functions at roughly a third-grade level and has an I.Q. of between 61 and 75.
He was supposed to apply to live in a group home as a condition of probation, but there was no space available with Cottonwood Inc., and he was put on a waiting list, Rumsey said. He said he thinks Rayton then slipped through the cracks among local mental health agencies.
Rumsey said there was "a breakdown in having somebody essentially shepherd him" through the probation process.
"It's our evidence that he is not capable of living independently," Rumsey said.
Rayton was due for a hearing Friday on whether his probation should be revoked, but Judge Paula Martin granted Rumsey's request to have more time to look into what happened. She scheduled a hearing for Nov. 17.
Assistant Dist. Atty. Brandon Jones didn't oppose the delay, but he said he found it ironic that Rayton was now arguing that he couldn't handle probation. One of the arguments his previous attorney used to get a lightened, non-prison sentence from Judge Martin was that he was capable of succeeding on probation.
"We feel he did understand his probation," Jones said.
Rayton was one of three men who received lightened sentences from Judge Martin for having sex with the intoxicated teen in June 2003. One of the co-defendants, William N. Haney, was sent to prison this spring for a long list of probation violations.
In August, the Kansas Court of Appeals overturned Martin's sentences for Haney and Brian K. Ussery, finding they were too lenient and an abuse of discretion. Haney and Ussery are asking the Kansas Supreme Court to review that decision and have not been resentenced.
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smitty (anonymous) says…
This is the man that I have posted about many times on this forum regarding his presence at the intersection of 9th and Mass. He hangs out where the junior high children are on Friday nights. On several occasions around 9:30 -10:00 I warned the girls about his story of alcohol and rape, leaving it then to the girls to take responsibility for their own well being. Then posted the events here to warn parents, lurkers, of Rayton's actions.
Lawrence is sick in many ways. This story proving many of the legal system and social service ways.
Is is time for a revolution yet?
skyjustsky (anonymous) says…
Judge Martin remains the only one responsible for Rayton still being free to rape again. If she would have done her job and taken him off the streets, then 'the system' would not have had the chance to let him to slip throught the cracks. Low IQ or not, he knew how to engage in sexual intercourse with a minor. If he didnt 'know' it was wrong then...what makes her think he would 'know' in the future? Why does Martin not see that makes him a risk to the community? Martin needs to quit passing the buck and get this guy off the streets.
Jamesaust (anonymous) says…
Curiouser and curiouser.
"Lawrence" is not however responsible here. This is a State judicial system and a State probation system.
If one of those enterprising journalists at LJW want to earn a [whatever they call them] award for journalistic excellence, perhaps a multi-part series of reports on how such probation systems work Statewide, especially more remote places outside the media-focused northeast.
Lawman (anonymous) says…
If martin had simply done her job..sentence the parties "found guilty" by a jury of their peers, within the sentencing guidelines created by those, with much more on the ball than she does..then this would be a moot point. Furthermore, these hearings would have been unnecessary, and the Appellate court would not have had to waste tax payers money, by continuing to remand "screwed up" trials back to her. You had a chance.. to vote her out, but you let self serving attorneys talk you in believing that she's good for the community...""shady money, promoting shady sentencing""
srj (anonymous) says…
I have to agree. I have defending the judge in the past, but he received a "gift" sentence, and he should have followed probation to the exact word.
And can we place alittle blame on Cottonwood? They are probally funded mostly from taxes (federal and local) and should have thought of the publics safety and moved him up the list.
smitty (anonymous) says…
Previosly posted information but needs repeating here....Cottonwood is housing a man that is DD(developementally disabled) in one of their homes that is located next to the woman's halfway house located at 4th and Florida. This is where women and their children live during the early stages of recovery.
There is only a waist high chain link fence separating the children and the DD male who is on the KBI sexual offenders list. Why would Cottonwood put a known sexual offender in temptation's way?
DD's are more likely to interact with children who are on the same developemental level so this attraction to children can't be avoided. But to place them next door to a residential home with children and not have the halfway house know(they know now 'cause I phoned them) is asking for trouble.
And now there is Rayton that Cottonwood couldn't place at all, no mental health supervision by Bert Nash, and the parole system totally unaware.
Previous advise...know what your social service providers actually do beyond the public relations side of their hoopla when raising funds or the feel good token employment as greeters in local stores.
And for all the can't win no matter what's...the system is broken and you're paying for it many ways.
Is it time for a revolution yet?