Judge releases former Kansas City, Kansas, police detective Roger Golubski to home arrest

Prosecutors had urged the judge to keep Golubski, who was indicted last week on charges of violating two women’s civil rights when he allegedly assaulted them more than two decades ago, in detention until trial.

by Peggy Lowe, Steve Vockrodt, KCUR and Kansas News Service

A federal magistrate judge in Topeka released former Kansas City, Kansas, police detective Roger Golubski to home detention Monday, finding that prosecutors had not met their burden that he represents a danger to the community.

U.S. Magistrate Judge Rachel E. Schwartz made the finding even as she acknowledged that the indictment of Golubski contained “allegations of reprehensible conduct.”

“The underlying facts (of the case) are, quite frankly, shocking,” she said.

Schwartz said Golubski’s poor health conditions — including Type 1 diabetes and renal failure — meant that he could no longer threaten or harass the women he’s accused of assaulting and raping.

Prosecutors had urged Schwartz to keep Golubski, who was indicted last week on charges of violating two women’s civil rights for allegedly assaulting them more than two decades ago, in detention until trial.

A motion filed by prosecutors on Friday asking that Golubski be detained until trial painted a lurid picture of a sexual predator who allegedly assaulted girls as young as 13. The motion described in graphic detail not just the alleged assaults against the two women mentioned in the indictment but alleged assaults against seven other women.

Lamonte McIntyre, who was targeted by Golubski for a crime he did not commit, was sitting in the front row of the courtroom, which was packed with the families of Golubski’s alleged victims. McIntyre jumped up and walked out the minute the judge issued her ruling. Other victims said they were angry and will once again fear the man who they say terrorized them for years.

“I won’t be able to sleep and I have PTSD. I had a good night’s sleep when they arrested him. I’m about to go on the run again,” said Niko Quinn, whom Golubski allegedly forced to give false testimony in the McIntyre case.

A civil lawsuit filed in 2018 by McIntyre and his mother accused Golubski of preying on Black women by forcing himself upon them or by compromising them into providing false testimony to help him solve crimes he investigated.

McIntyre served 23 years in prison for a 1994 double homicide that was investigated by Golubski and other Kansas City, Kansas, police officers. Following an exoneration hearing in 2017, Wyandotte County District Attorney Mark Dupree Sr. declared that a “manifest injustice” had occurred and McIntyre was set free.

Outside the courtroom, McIntyre told a reporter, “They had favor on him. They showed mercy to this man. Well he didn’t show no mercy to all them victims. You know how many victims this man responsible for.”

“You’re looking at the justice system again at work. It don’t work the same way for everybody. It’s still unbalanced,” he said. “It’s not equal.”

Golubski’s attorney, Thomas Lemon, said the allegations in the indictment were old and the government had not shown any physical evidence of the alleged crimes. He also suggested some of the victims might be just “me toos,” meaning they were following others’ stories.

“When there’s no proof but words, that makes the job I have to do more intensive,” Lemon told Schwartz.

Golubski appeared in an orange jumpsuit. Federal marshals needed two sets of handcuffs to secure his hands behind his back. He was wearing orange plastic sandals and his ankles were also bound.

Golubski had been locked up since last Thursday, when he was arrested at his Edwardsville home. He appeared in court that day, cuffed at the wrist and ankles and still wearing the T-shirt and athletic shorts he was wearing when the FBI picked him up.

His arrest followed years of accusations that he engaged in widespread misconduct while serving with the KCKPD. Golubski joined the force in 1975 and retired in 2010.

Meanwhile, federal prosecutors said that their investigation of Golubski continues and they interviewed another victim Monday morning.

“There is a tremendous amount to add” to the indictment, Stephen Hunting, a prosecutor in the U.S. Attorney’s Office in Kansas, told the court.

Noting that Schwartz had mentioned Golubski’s long career in law enforcement, Hunting said he may have been in an honorable profession but “much of those 40 years were not spent in an honorable way. Mr. Golubski has terrorized a community for a long, long time.”

Carlos Moreno contributed to this story.
High profile cases of sexual assault are often triggering for survivors. If you or anyone you know needs assistance, call MOCSA, the Metropolitan Organization to Counter Sexual Assault in Kansas City. The 24-hour crisis line is 816-531-0233 or 913-642-0233.

The National Sexual Assault Hotline is 1-800-656-4673, provided by RAINN, the Rape, Abuse & Incest National Network. They also have crisis support via chat: https://www.rainn.org/resources

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.

See more at https://www.kcur.org/news/2022-09-19/judge-releases-former-kansas-city-kansas-police-detective-roger-golubski-to-home-arrest

Supreme Court upholds lower court decisions in repressed memory case

The Kansas Supreme Court today upheld decisions from the Kansas Court of Appeals and Wyandotte County District Court concerning an individual who alleged he was sexually abused by a priest in Shawnee County in the 1980s.

In the case, a man stated he had repressed memories of the alleged incidents that happened in the Topeka area, and he recalled it after media published reports about other abuse cases.

The Supreme Court affirmed both the Court of Appeals and the Wyandotte County District Court and remanded the case to the district court for further proceedings. The lawsuit was in Wyandotte County District Court because of the location of the Archdiocese of Kansas City in Kansas.

Writing for the court majority, Justice Eric Rosen noted that further discovery will be necessary to establish the time frame of the abuse and the time frame for discovery of the abuse. These will ultimately be questions of fact for determination in the district court, and the answers to these questions will govern whether the individual, identified by his initials in the lawsuit, filed his petition in time to preserve his cause of action.

A state law requires a plaintiff to start an action no more than eight years after the events that caused harm, but the law had an exception for injuries resulting from sexual abuse. Plaintiffs are allowed to bring an action for childhood sexual abuse up to three years after the plaintiff turns 18 or three years after the plaintiff discovers injuries caused by childhood sexual abuse. In this case, there were questions about the exact years the alleged abuse actually took place.

The Archdiocese of Kansas City in Kansas argued separately that claims against it were time-barred because the statute exception applied only to suits against individuals, not against institutions. The Supreme Court rejected the argument, holding the statutory exception focuses on harm resulting from abuse, not on perpetrator liability.

In a concurring opinion, Justice Caleb Stegall, joined by Chief Justice Marla Luckert, agreed with the outcome but disagreed with the majority’s determination that the statute contains no requirement that a defendant must have been the active perpetrator of the abuse. The concurring justices would find the statute ambiguous but would hold the Archdiocese potentially liable under a theory of aiding and abetting.

Kansas senator makes plea deal in DUI case after driving wrong direction on I-70

GOP’s Suellentrop avoids felony conviction, agrees to serve 48 hours in jail

by Tim Carpenter and Sherman Smith, Kansas Reflector

Topeka — Sen. Gene Suellentrop entered a no contest plea to two misdemeanor charges Monday that stemmed from an incident in March in which he drove for miles in the wrong direction on Interstate 70 before being stopped by a Kansas Highway Patrol officer.

Suellentrop, a Wichita Republican who was forced out of his role as the Kansas Senate’s majority leader following his arrest, agreed to a deal that avoided conviction on a felony charge, including the pending count of eluding police. The plea agreement with prosecutors led Judge Jason Geier to find Suellentrop guilty of driving under the influence and of reckless driving.

Suellentrop acknowledged the evidence would prove him guilty beyond a reasonable doubt. According to the KHP officer’s charging affidavit, he was driving at speeds approaching 100 mph while fleeing through Topeka, and multiple vehicles swerved to avoid head-on collisions. When he was finally stopped, he reeked of alcohol and struggled to speak.

“There are many lessons to be learned in circumstances such as these, and I can assure you I’ve learned my share,” Suellentrop told the court before sentencing. “I take full responsibility for my actions, and I apologize for my actions. You will not see me in this court or any other court of law on any similar infractions whatsoever.”

Suellentrop is required by state law to serve 48 hours in the Shawnee County Jail. His incarceration is set to begin at noon Nov. 18.

The judge suspended a six-month sentence for the DUI conviction and 90 days for reckless driving and ordered Suellentrop to serve one year of probation. Suellentrop also has to participate in eight therapy sessions and take a substance abuse class. Eventually, he will be eligible to have the convictions expunged from his record, the judge said.

Although the judge has the authority to reject the terms of a plea deal, Geier said it was the court’s policy to accept any agreement reached between the prosecutor’s office and a defense attorney.

“I know this case has garnered a lot of attention — media attention and attention from the public,” Geier said. “I’m not allowed ethically to consider any of those outside influences.”

After taken into custody March 16, Suellentrop was verbally abusive to law enforcement officers attempting to test his blood alcohol level. He called the arresting officer a “donut boy,” the officer wrote in his report. Suellentrop bragged that he could beat the officer in a fight because he played sports competitively in high school.”

He refused to voluntarily take a breath test, and a search warrant had to be obtained to compel the senator to give a blood sample for testing. That produced a reading of 0.17%, far above the legal limit of 0.08% in Kansas to legally operate a vehicle.

Suellentrop’s attorney, Tom Lemon, told the court he had produced a transcript from video of Suellentrop’s arrest. The transcript doesn’t include “salacious” language that got people’s attention. The attorney didn’t specify which words he was referring to.

“He was, frankly, what I would expect for a 69-year-old intoxicated man dealing with a younger trooper,” Lemon said.

Lemon said his client had drank too much and wasn’t aware he was being followed by police.

“As he stands here in front of you, he’s a 69-year-old man who doesn’t have any criminal history,” Lemon said. “I mean, he’s a parent, he’s a husband, he’s a father, he’s a grandfather, he’s a business owner. All other aspects of his life are in good shape. But it was a very, very, bad mistake that he made.”

“I say all these things not as an excuse or to divert anything,” the attorney continued, “but for mitigation purposes, judge. Because of the place that he holds, he’s not down the hall in the DUI docket today with every other DUI case.”

Wichita residents Jane Byrnes and Michael McCortle attended the hearing and were disappointed to see Suellentrop evade felony conviction.

“A felony is considerably different than this little tap on the arm,” Byrnes said.

McCortle, a constituent of the senator, said he deserves better representation.

“We were hoping to witness equal justice here today, what anybody else would have gotten,” McCortle said.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.

See more at https://kansasreflector.com/2021/10/25/suellentrop-makes-plea-deal-in-dui-case-after-driving-wrong-direction-on-i-70/.