Tue, Dec 02 2008
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Published July 30, 2008 10:39 pm - COLUMBUS, Kan. — Sex-crime charges in two cases from the administration of then-County Attorney Michael Goodrich were dismissed recently in Cherokee County District Court. Two sex-crime cases dismissed in Cherokee County By Roger McKinney
rmckinney@joplinglobe.com COLUMBUS, Kan. — Sex-crime charges in two cases from the administration of then-County Attorney Michael Goodrich were dismissed recently in Cherokee County District Court. Billy Sullivan, 61, of Riverton, had been charged with rape in connection with an incident on Sept. 3, 2007. Sullivan’s attorney, Doug Steele, had filed a motion to dismiss the case for lack of a speedy trial. Cherokee County District Judge Kent Lynch has signed an order to dismiss the case, noting in the order that the alleged victim had failed to appear for the preliminary hearing and had failed to respond to communication attempts from the county attorney’s office. Assistant County Attorney Candace Gayoso said by phone Wednesday that even before Goodrich filed the charge, the alleged victim had told him she didn’t want to proceed with prosecution. Gayoso said he was correct in filing the charge. In a separate case, Randy Simons, 34, of Baxter Springs, had been charged with felony aggravated indecent liberties with a child, alleging that on June 15, 2007, he had sexual intercourse with a 14-year-old girl. Baxter Springs police investigated the case. Simons’ attorney, JoAnna Derfelt, on June 10 filed a motion to dismiss the charge, noting that a year had elapsed with no activity in the case. Cherokee County Attorney John Bullard objected to dismissing the case during a court hearing on the motion. Lynch has approved an order dismissing that case for lack of a speedy trial. Court records show that then-assistant County Attorney Garth Adams had filed a motion to delay the preliminary hearing on Oct. 26, 2007. The motion was approved. Gayoso said the situation for the Simons case is similar to that of the Sullivan case. “It was another one of those we inherited from the previous administration that nothing had been done on,” she said. “It’s basically the same situation where we never had any contact with the victim.” Gayoso said there was no response to letters, phone calls and subpoenas sent to the alleged victim’s guardian. “Without the victim’s testimony, it’s impossible to proceed,” Gayoso said. She declined to classify the cases as weak when she was asked. 
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