By JONATHAN ZWEYGARDT
Hays Post
A northwest Kansas man sentenced to life in prison for
sexually assaulting a child is appealing his convictions before the Kansas
Supreme Court.
Robert Wayne Evel was convicted in September 2023 of aggravated criminal sodomy, attempted rape, aggravated indecent liberties with a child and criminal threat.
The charges stemmed from incidents involving a child who was 10 years old at the time and occurred between June 1 and Aug. 31, 2015.
Evel was sentenced to life in prison in November 2023 because three of the most serious felony convictions fell under Kansas' Jessica's Law.
The Kansas Supreme Court is scheduled to hear the case this morning in Topeka.
According to court documents, the Kansas Court of Appeals previously overturned Evel's convictions and ordered a new trial, finding errors during the original trial that could have affected the jury's assessment of the credibility of Evel and the child.
Evel argued prosecutors improperly bolstered the child's credibility during opening statements and closing arguments. He also challenged the admission of a witness' written statement that prosecutors had previously agreed would be inadmissible.
The Court of Appeals determined the district court improperly allowed the statement and that the combined effect of the trial errors warranted a new trial.
However, the appeals court rejected Evel's argument that there was not enough evidence to support two of his convictions and declined to overturn those convictions with prejudice. That decision leaves the state with the option of retrying him.
Both sides are now asking the Kansas Supreme Court to review parts of the appeals court's decision.
The state is challenging the findings that trial errors required a new trial and is also arguing the district court should have granted the defense a continuance.
Evel is asking the Supreme Court to identify additional instances of prosecutorial error and to overturn his attempted rape and criminal threat convictions with prejudice, which would prevent the state from retrying him on those charges.