TOPEKA, Kan. — A 27-year-old man convicted of rape and other crimes was given nearly 60 years in prison by Judge Tim Chambers and saw his case affirmed in part but remanded back to District Court for another part. That decision came from the Kansas Court of Appeals on Friday.
Craig Lee Gooch was found guilty of forcing a Hutchinson woman into sex after he crawled into her van and pulled her hair, forcing her to drive him to her home where the sexual assault occurred.
Gooch raised a number of issues on appeal. He argues that statements made by Senior Assistant District Attorney Steve Maxwell during closing arguments constituted reversible misconduct. Gooch also felt his rights were violated when the motion for a trial continuance was denied. The prosecutor referred to what happened to the victim that day as a “nightmare.” Gooch argued the repeated statement using the word “nightmare” was meant to inflame the jury. But, the court of appeals described the language of the prosecutor as “colorful.” Neither of those issues raised by the defendant convinced the Appeals Court to send it back to District Court.
However, they decided that the case should come back because the District Court didn’t inquire about whether he was dissatisfied with his attorney Alice Osburn. They’re sending the case back to District Court for a hearing on his request for a new attorney.
The crimes occurred back on May 11, 2012, when the victim went into Dillon’s at 4th & Pershing and bought some groceries for a party, came out with her cart and says she loaded the groceries in her van, then pushed the cart back into the store. She then walked out, but forgot to mail some letters. She entered the store a third time, but failed to lock her van and that’s when Gooch entered her vehicle.