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.