The Kansas Supreme Court today reversed a Wyandotte County defendant’s conviction for aggravated indecent liberties with a child and remanded the case to the district court for a new trial.
Jose Santos-Vega had been convicted on two sex offenses involving a child in 2008, and received hard 25 sentences under Jessica’s Law.
A jury acquitted him of two counts of rape of a 15-year-old, but he was convicted on two counts of aggravated indecent liberties with an 11-year-old child.
Today the Supreme Court ruled Santos-Vega’s right to a fair trial was substantially prejudiced by a combination of trial errors. The district court did not instruct the jury that it had to unanimously agree on the specific act underlying each of the convictions; and a testifying detective violated a court order by telling the jury Santos-Vega had invoked his right to remain silent during questioning, the Supreme Court ruling stated.
The court held the state failed to demonstrate the errors did not contribute to the guilty verdicts.