HUTCHINSON, Kan. — After Judge Trish Rose suppressed the confession of the suspect in a child sex case, the state filed an appeal and made arguments in the case on Wednesday.
Brandon Cousins is charged with five off-grid felonies that could see him get life sentences on each count with no chance of parole for 25 years. He’s charged with two counts of aggravated criminal sodomy and three counts of aggravated indecent liberties with a child. The alleged crimes involving a then 6-year-old girl and allegedly occurred between Jan. 7 and July 23 of 2012. The investigation led to Cousins’ arrest back on Dec. 15, 2012.
The defense was granted a suppression of the defendants statements to law enforcement with Attorney Sam Kepfield arguing that they were not given voluntarily. District Judge Rose agreed with the defense contention after taking it under advisement. She listened to the taped interview for herself and made her decision. District Attorney Keith Schroeder appealed her decision and now its in the hands of the Kansas Court of Appeals to decide if the statements will be allowed at trial or not.
The trial was scheduled to begin in late September, but it will now be delayed until the appeals court makes their decision.