TOPEKA, Kan. — Shawnee County District Attorney Mike Kagay plans to ask the Kansas Supreme Court to review a ruling that overturned the conviction of a former prison dentist.
The Kansas Court of Appeals last month overturned the conviction of Tomas Co for having unlawful sexual relations with a female inmate at Topeka Correctional Facility. The court said Co’s touching of the inmate was inappropriate but did not meet the legal definition of being lewd, which was required for a conviction of the charge he faces.
Kagay says if the Supreme Court does not overturn the lower court’s ruling, he will seek a legislative change to the related law cited by the appeals court.
