Wednesday, August 21, 2013
A Sedgwick County District Court Judge ruled today there is enough evidence to hold a former jailer for sex crimes involving inmates.
David Kendall is accused of sexually assaulting six inmates between April and June of 2012.
Judge Joseph Bribiesca ruled there is probable cause Kendall commited the assaults.
Judge Bribiesca said there is evidence Kendall had sex with the inmates, the question is whether the sex was consensual.
Inmate Greg Nicks testifed that another inmate who claims to have been raped by Kendall instead had consensual sex with him, then he screamed rape as a set up.
Nicks says the inmate said, "I took one for the team".
Two inmates called by the defense refused to testify, pleading the 5th Amdendment. One inmate says he is in fear for himself and for his family. Then when the judge ordered him to testify, the inmate said he "didn't remember anything" and that he had taken a lot of drugs and didn't recall anything. He then refused to speak when defense attorney Charlie O'Hara asked him questions.
The other inmate refused to testify saying he didn't want to incriminate himself.
A jail supervisor testified earlier this morning, saying on June 3, 2012, she got a call from Kendall saying he had to cuff an inmate in Pod 7.
Kendall reported that he saw the inmate sitting in his cell with a blanket around his neck and the man wouldn't respond. Kendall said he went into the cell to check on him. He reported that when he opened the cell door, the inmate rushed him and tried to get out of the cell. Kendall then told his supervisor, he pushed the inmate back into the cell, handcuffed him and called her.
Kendall will be arraigned next week.