The Kansas Supreme Court today reversed the conviction of Jasmon D. Watson, in an alleged Medicaid fraud case.
The case included discussion of time sheets that he submitted to a home health agency.
The Supreme Court found that the district court committed instructional error, and the cumulative error deprived Watson of a fair trial.
The Supreme Court also found the prosecutor misstated the law because an intent to defraud is an essential element of Medicaid fraud, while prosecution comments suggested otherwise.
The prosecutor erred when she said Watson did not provide any evidence to support his defense, according to the Supreme Court, because Watson testified and his testimony was evidence.
The combined effect of the errors prejudiced Watson’s right to a fair trial, the Supreme Court ruled. The case also had discussion about shifting the burden of proof.
Watson had been employed as a clerk at a store, and also was providing home health services through a local agency. The case was investigated by the Kansas attorney general’s office. Watson testified he always worked the number of hours shown on the home health time sheets, but not always in the schedule shown. His defense was that he acted without intent to defraud.
The Supreme Court reversed the Court of Appeals ruling, it reversed the district court’s ruling based on a jury verdict and it remanded the case for a new trial.
The decision is online at https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/118710_1.pdf?ext=.pdf.
Bonner Springs senior Cortland Hervey sailed over the bar in the boys’ high jump at the Bonner Springs Invitational track meet. Hervey won the event with a jump of 6 feet, 4 inches. (Photo copyright 2021 by Brian Turrel)
by Brian Turrel
Bonner Springs High School held the Bonner Springs Invitational track meet on Thursday evening, with several local schools, including Washington and Schlagle high schools from the Kansas City, Kansas, Public Schools.
The Lansing Lions won first place in both the girls’ and boys’ team competitions.
The hosts picked up second place in the boys’ competition, while the Bonner girls placed fourth.
In the girls’ competition, Jenna Knight won the 100- and 300-meter hurdles, and Sailor Herron took first in the 1600-meter run.
For the boys, Jacob Deichert won the 800- and 1600-meter races. Cortland Hervey won the high jump and finished second in the long jump, and Charlie Sanders won the triple jump.
Washington finished fifth in the boys’ competition and eighth in the girls’. Jason Black won the boys’ 200-meter dash, and finished second in the 100-meter.
Schlagle brought a limited squad and finished out of the points in both team competitions.
Bonner Springs sophomore Jenna Knight started down the home stretch of the girls’ 300-meter hurdles. Knight won the race with a time of 50.64 seconds. (Photo copyright 2021 by Brian Turrel)
Washington junior Jason Black crossed the line in the boys’ 200-meter run. Black won the event with a time of 23.65 seconds. (Photo copyright 2021 by Brian Turrel)
Bonner Springs freshman Carley Conrad raced in the girls’ 200-meter dash. (Photo copyright 2021 by Brian Turrel)
Bonner Springs senior Monet Ratliff jumped in the girls’ high jump. (Photo copyright 2021 by Brian Turrel)
Washington freshman Jaquarey Williams crossed the finish line in the boys’ 800-meter run. (Photo copyright 2021 by Brian Turrel)
Bonner Springs junior Antonio Caballero threw in the boys’ javelin event. (Photo copyright 2021 by Brian Turrel)
Washington senior Anderson Jones threw in the boys’ shot put. (Photo copyright 2021 by Brian Turrel)
Washington sophomore Amarian Holliday ran in the girls’ 200-meter dash. (Photo copyright 2021 by Brian Turrel)
Bonner Springs junior Jacob Deichert won the boys’ 800-meter run with a time of 2 minutes, 10.44 seconds. (Photo copyright 2021 by Brian Turrel)
Bonner Springs senior Sailor Herron held a big lead on her rivals as she crossed the finish line of the girls’ 1600-meter run. Herron won the event with a time of 6 minutes, 3.55 seconds. (Photo copyright 2021 by Brian Turrel)
Senior athletes on the track team were honored during a ceremony at the meet. (Photo copyright 2021 by Brian Turrel)
Schlagle sophomore Kahliek Rainey ran in the boys’ 100-meter dash. (Photo copyright 2021 by Brian Turrel)
Lost games toss KCKCC into regional playoff with national champion JCCC
Members of KCKCC’s 2021 volleyball team included, front row, from left, Trinity Holland, McKenna Johnson, Mia Tomasic, Michelle Dvorak, Justice Davis, Jordan Johnson, JoAnnie Perez and Megan Bechtold; second row, Madi Hajek, Cassidy Crist, Raelyn Zacarias, Nichole Hughes, Patricia Kolodziejezyk, Kelcey Hund, Nicole Almestica, Adriana Velez, Abby Marcouillier and Jessica Rodriguez. (KCKCC photo)
by Alan Hoskins, KCKCC sports information
It has been often said that “the saddest words ever penned were those of what might have been.” So it was for coach Mary Bruno-Ballou and her Kansas City Kansas Community College volleyball team in 2021.
“We had just knocked off nationally ranked Highland in three straight sets and were hitting our stride when the Covid procedure hit,” Bruno-Ballou said. Quarantined for two weeks, the Blue Devils were able to play only one of their final four games – all winnable – before drawing 2021 NJCAA DII national champion Johnson County in the regional tournament.
“We were projected to finish third or even second in the conference,” Bruno-Ballou said. Instead, the Blue Devils finished fourth and in the playoff bracket with Johnson County. Ranked No. 4 in the nation, the Cavaliers surged to the national championship, beating Parkland 3-1 in the final. Had they finished second or third, the Blue Devils would have been grouped with Highland or Neosho County, which also qualified for the national.
The Blue Devils returned to action just six days before the regional tournament.
“We beat Labette on a Monday and only had two or three days of practice,” Bruno-Ballou said. The Blue Devils defeated Cloud in three tough sets in the opening round but an hour later fell to No. 1-seeded JCCC 3-0.
“Johnson County played fantastic, they earned their national berth,” Bruno-Ballou said. “Their winning the national championship just further confirms just how tough it is to play in the Jayhawk Conference.”
Even then the Blue Devils were one of three teams that were considered for an alternate berth in the national tournament should a team not be able to attend.
Four Blue Devils earned post-season honors. Outside hitter Cassidy Crist was first team All-Jayhawk and All-District; setter Adriana Velez, first team All-District; middle blocker Michelle Dvorak second team All-District; and freshman Libero Kelcey Hund, second team All-District and All-Jayhawk honorable mention.
While they are sophomores, Crist and Velez will return next year. Because of the pandemic, athletes were not assessed a year of eligibility for the 2021 season. Only losses will be Dvorak, middle blocker McKenna Johnson and freshman outside hitter Mia Tomasic, who is now a member of the KCKCC soccer team. Other sophomore returnees will include Nicole Almestica, Justice Davis and Jordan Johnson.
“I’m super proud of this group; they had the ability to go to the national tournament but circumstances took it out of their control,” Bruno-Ballou said. “It was a resilient group playing for the love of the game. Unfortunately, they did not get what they expected for their collegiate playing experience but they accepted it with grace and dignity.”
The Blue Devils were swept only once in their eight losses and that came in the regional championship to the eventual national champion, Johnson County.
“We were competitive with every team we played,” Bruno-Ballou said. Two of the three losses to JCCC were by 3-1; other setbacks were to foes ranked in the Top 20 at the time they played them – Lincoln Land, Neosho County, Fort Scott and Cloud.
In addition to the season being moved from the fall to the spring and the pandemic quarantine, Bruno-Ballou’s season included the birth of a daughter, 5-month-old Isabella.
“Without the support staff and help of assistant coaches Asya Herron and Dee Bruno and trainer Kylie Heim, this season could never have been possible,” said Bruno-Ballou, who got her 200th career win in her 10th season. “It was a trying season but there’s no one I would rather go to work with than these athletes and coaches.”
