HUTCHINSON, Kan. — After Judge Trish Rose suppressed the confession of a suspect in a child sex case, the state filed an appeal. The Kansas Court of Appeals Friday rejected that appeal by the state and affirmed the decision made by the judge.
Brandon Cousins is currently 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 involved 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 defendant’s 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 had appealed her decision and, for a relatively brief period of time, upheld the suppression.
The trial is scheduled to begin in late September, but Schroeder told us Friday that he wants to look over the opinion of the appeals court before he decides how he will proceed. He could ask for a review with the Kansas Supreme Court.