A Cowley County man who was charged wtih criminal sodomy, but whose conviction has since been overturned, is soon going to go free. But… according to the local paper, the county attorney and the Kansas Department of Corrections both have said they don’t yet know when that will be. 41 year old
Loarn Fitzgerald II was convicted in June 2014 in Cowley County, of aggravated criminal sodomy against a child younger than 14. At that time, Fitzgerald was sentenced to life in prison without possibility of parole. But last month, Fitzgerald’s conviction was overturned by the Kansas Supreme Court in a 5-1 decision on a technicality…. because he was charged under one statute but convicted under another. Fitzgerald was also convicted back in 2002 of two counts of aggravated indecent liberties with a child. Now, Fitzgerald is about to be released from Ellsworth Correctional Facility, as soon as the Kansas Department of Corrections receives an order from the Supreme Court. So far, that order has not been issued. Once that happens, Fitzgerald can’t be tried again because it would amount to double jeopardy, which is unconstitutional. Once reversed, it’s as if the conviction never happened, and would mean that Fitzgerald won’t be placed on parole, won’t have to register as a sex offender. He also could not be barred from re-entering the county.
Source: VNC News