January 3, 2013
There has been a delay in the preliminary hearing for a former Sedgwick County jailer accused of having sex with other male inmates.
Some of the allegations involve consensual sex between David Kendall and the inmates. However, two others say it was not consensual. Either way, it's against the law. Today, Kendall's attorney says he should be given the rare opportunity to call the alleged victim's lawyers to the stand.
Kendall walked into the courtroom as a free man on bond. The issue holding things up is that all four alleged victims have filed claims with Sedgwick County that could very well lead to civil lawsuits.
"It's our theory that part of the benefit for part of these victims is that they want out of jail," Kendall's attorney Charlie O'Hara told the judge. "They want to get money. They have contracts for their (attorneys) fees and how that money is going to be collected."
O'Hara wants to be able to see the alleged victim's fee arrangements and contracts, which are typically considered private.
"They are claiming $20 or $22 million from the county," O'Hara said. "That's a lot of incentive for people to get up and say things that aren't true and we're entitled to get into that. We shouldn't be prohibited from that."
Kendall's first move to dismiss the case failed after O'Hara claimed many of the potential convicted felon inmates who would testify in court shouldn't be considered credible or trustworthy. Judge Joseph Bribiesca, however, gave Kendall a slight victory in delaying the hearing on the other matter.
"I'm afraid that motivation for monetary gain has been infused into the criminal case by the filing of the civil case," he said. "The court cannot turn a blind eye to the defense's argument."
In delaying the preliminary hearing, Bribiesca ordered arguments on the motion to obtain the victim's attorney's contracts and fee arrangements on January 18. If he rules against Kendall's motion, the possibility exists that the criminal charges could be dismissed. The preliminary hearing is now scheduled for January 23.