HUTCHINSON, Kan. — An area man charged with sexual exploitation of a child saw that charge go away, while he entered a “guilty” plea to the second count of aggravated violation of the offender registration act.
Douglas A. Kennel was arrested back on Jan. 27 following an investigation that began when the suspect had taken an old phone to have data transferred to a new phone. The worker transferring the data saw images that he thought to be child porn.
District Attorney Keith Schroeder told us after the hearing Thursday that he found a lot of mitigating factors with this case, including the fact that the defendant had deleted the pictures several years ago and even reformatted his phone so he wouldn’t have access to them, but were still apparently on the SD card.
As part of the plea agreement, both sides will recommend nearly 20 years in prison, but will also recommend five years of intense community corrections. They also convinced Magistrate Judge Cheryl Allen to reduce the bond down from $250,000 to the original amount of $10,000.
Although the state dropped the charge of sexual exploitation of a child, Schroeder told the court he would dismiss the charge without prejudice, meaning he can refile the charge at any time within the next five years.
Kennel will also be under some strict rules before and after sentencing. He must remain in contact with his attorney and his bonding agent and have a sex offender evaluation completed.
Prior to sentencing, he’ll be under court supervision and can’t leave the county without their permission, other than for the evaluation, which will be done at Prairie View in Newton.
He also can’t have any contact with children under the age of 18 without supervision of his wife or pastor. However, he can have contact with his three stepkids.
He also can’t have any access to a computer, cell phone or other electronic device that can be connected to the internet. Any computer in his home will be password protected in a manner that would prevent him from gaining access to the internet, but wouldn’t hinder other members of the household.
He’s also forbidden from consuming alcohol or illegal drugs and must obey all laws of Kansas and the United States.
He also agrees to waive any right to appeal any legal sentence handed down by Judge Rose.
He’ll undergo the sex offender evaluation prior to sentencing, which will be on May 20 in front of Judge Trish Rose.
Schroeder explained that he understands that some people will not like this agreement and was quick to point out that he has a record of being tough on sex offenders, but says this case is different. He says had he been convicted on the sexual exploitation of a child charge, he would have received life in prison with no chance of parole. He says after looking at all the facts in the case, he doesn’t believe that would be justice.
For the charge Kennel entered the plea to, he was technically in violation of the aggravated violation of the offender registration act, according to Schroeder. He apparently had a local business and didn’t register the computers and other items such as websites associated with that business. Apparently he only thought he had to register anything personal, which he did and was in compliance with. Those business computers and websites were actually handled by his wife, according to Schroeder.
The District Attorney admits that, looking at his past record, he wouldn’t appear to most people to be a very nice guy with the two convictions in Harvey County for aggravated indecent liberties with a child going back to 1997 and two federal convictions for receipt of materials depicting a minor engaging in sexually explicit conduct going back to 1998. He told the media after the hearing that from everyone he’s talked to, he has pretty much made an honest effort to rehabilitate himself.
He says law enforcement listened to his calls while he was in jail, including while he was speaking with his stepkids. Besides telling them to help their mother out in his absence and keep their grades up in school, he also prayed with them and had Bible study over the phone.
Again, sentencing in the case will be on May 20. That gives plenty of time for the sex offender evaluation to be completed.