HUTCHINSON, Kan. — A man bound over for trial in a child sex case was in court Monday morning seeking dismissal of the charges. Although Judge Tim Chambers denied that request, he did order a new preliminary hearing over a video for Kenneth Broadfoot.
He’s charged with criminal sodomy involving a 15-year-old girl. The state alleges that he engaged in sexual activity with the girl back on Sept. 12, 2015. The crime apparently occurred on the Kansas State Fairgrounds in a building the victim described as a temporary building. She also admitted at the preliminary hearing that the sexual contact was consensual and the she even initiated it, however under Kansas law, it’s still unlawful for him to have any sexual contact with a child that age.
The defense Monday called two police detectives to the stand as well as the investigator for the District Attorney’s Office over a video tape that the victim in the case apparently made, but didn’t really show anything. It was apparently brought to the attention of the defense during the original preliminary hearing. The state doesn’t believe it’s relevant because there is really nothing on it.
But, Judge Chambers blasted the police department and the D-A’s office over how videos are being distributed as discovery in criminal cases. He says the lead investigator in this case didn’t think it important enough to even make a report on the video while another detective who wasn’t assigned to the case, but was there when it was brought to police did make a report.
Judge Chambers sees this as a growing problem noting that they continued a trial last week over a video issue. He ordered a new preliminary hearing with a new judge, that being Judge Joe McCarville.
He also lowered the defendants bond to $2,500, which was set originally at $15,000.
So, when a new hearing will be scheduled remains to be seen.