By JONATHAN ZWEYGARDT
Hays Post
The fate of an appeal of a sexual assault case against a former Fort Hays State University student and a Congolese native rests in the hands of an Ellis County District Court judge.
Last week, 37-year-old Reagan Booto was back in an Ellis County courtroom for a second time, appealing his 2018 conviction on two counts of aggravated sexual battery.
Booto, who was a Fort Hays State student and a soccer player, was accused of sex crimes against three women in late 2017 and early 2018.
In all the incidents, he was accused of groping the victim. He was convicted by a jury in January 2020 on two counts of aggravated sexual battery and sentenced to 84 months in prison.
Booto appealed the ruling, citing issues with the judge's decision to move forward with the first day of the trial while Booto was stuck in a snowstorm and not able to attend. The appeals court ruled against Booto, finding that the judge's errors were insufficient to overturn the verdict.
The Kansas Supreme Court refused to take up the case, ending his state-level options for appeal.
Booto, a native of the Democratic Republic of the Congo in Central Africa, is in the United States on a green card. He is scheduled to be released from prison in September, and if the convictions stand, he is expected to be deported back to the Congo, according to Booto and his attorney Craig Uhrich.
Booto filed a civil 60-1057 suit against Ellis County Attorney Aaron Cunningham in May 2023.
Booto alleged that his criminal defense attorney, Alex Herman, was ineffective, which resulted in a violation of his constitutional rights.
Following several delays and a change in counsel, Booto was back in Ellis County in front of 23rd District Judge Curtis Brown on July 15.
During the day-long hearing, Booto’s attorney called four witnesses, including Herman and Booto.
Booto’s argument for ineffective counsel centered around the claim that Herman told him that he was not allowed to testify.
During his time on the stand, Herman denied that claim.
He testified that he told Booto that he had the right to testify, but that he did not believe it was in Booto’s best interest.
While he was on the stand, being cross-examined by Cunningham, Booto admitted Herman told him he could testify, but Herman did not believe it was in Booto’s best interest.
According to Herman, he told Booto he might look arrogant or entitled in front of a jury.
Cunningham then presented the transcript from the criminal trial, in which Judge Glenn Braun reviewed the jury instructions with Booto and informed him he had the right to testify. He went on to tell him that if Booto elected not to testify, the judge would then inform the jury that they could not draw any inferences from his decision.
Booto then conceded during questioning that he had given up his right to testify in the criminal trial.
Following Booto’s testimony, his attorney provided Judge Braun with more than two dozen citations from the criminal case in support of their most recent arguments.
Brown said because he had not thoroughly reviewed the criminal trial documents, he would take the case under advisement, review the trial documents, and issue a written opinion at a later date.