State also approves settlement in firing of National Guard employee on deployment
By Morgan Chilson
TOPEKA — A Kansas man wrongfully convicted of murdering his infant nephew will receive $614,205 from the state of Kansas after spending more than nine years in prison.
Christopher Dale Lyman was convicted of first-degree murder and child abuse in the 2013 death of the baby, deputy attorney general Robert Hutchison told the State Finance Council on Tuesday. Lyman was accused of shaking the baby, causing his death, and in February, a Kansas court overturned the conviction. The council, composed of Gov. Laura Kelly and legislators, makes financial decisions for the state when the Legislature isn’t in session.
The state also will pay $498,077 in attorney’s fees for Lyman’s counsel, Hutchison said. The total dollars being paid will come from the tort claims fund, he said.
As part of the agreement, Lyman will be entitled to enroll in the state’s healthcare plan and receive tuition assistance, Hutchison said.
“It was a difficult case for the state, for the plaintiff and for the victim’s family, who we were in contact with while the case was proceeding the second time,” Hutchison said.
Lyman’s conviction was overturned on appeal for ineffective assistance of counsel and the prosecution withholding evidence about an expert’s qualifications from the defense, Hutchison said.
“The prosecution ultimately decided not to retry the case, not because they felt Mr. Lyman was innocent, but because of complications with evidence and the family of the victim’s desire to move on from the case and also their belief that the defendant did not actually commit the crime,” Hutchison said.
The baby’s cause of death was in “great dispute” between two experts, one of whom believed the infant died of shaken baby syndrome and another who offered different testimony, Hutchison said.
Members of the State Finance Council questioned the amount being paid to Lyman’s attorneys and whether there was any limitation on those fees. Hutchison said any amounts exceeding $25,000 require the attorneys to offer proof of their billing amount.
“There’s no cap under the statute,” he said. “We had proposed one a couple of years ago of, I believe, $100,000, but that proposal ultimately was not successful.”
Hutchison said the Attorney General’s Office, upon reviewing the attorney’s bill in Lyman’s case, made motions to reduce the amount and he estimated they saved the state about $200,000. He said the case took years in litigation and required multiple trial experts.
In other business Tuesday, the State Finance Council approved a payout of $35,000 “as a settlement and compromise” in a case filed by the U.S. Department of Justice against the Kansas Department of Health and Environment. The council discussed the case in executive session.
In that case, Stacy Gonzales was employed by the Finney County Health Department in a position funded as part of a KDHE grant, according to court records. Gonzales, who was a member of the U.S. Army National Guard, alleged she was fired after KDHE deputy director Jennifer VandeVelde, made comments implying she would have to choose between her career and the military based on Gonzales’ deployments and training.
Gonzales made an official complaint in 2018 through the Veterans’ Employment and Training Service, which investigated and determined that KDHE had been in violation of federal rules that protect military members’ jobs when they deploy, court records said.
The court ruled the health department, not KDHE, was Gonzales’ employer, but the case is currently being appealed.
The resolution approved by the council said Attorney General Kris Kobach recommends the $35,000 payout and “the delay of the requested action may invalidate all settlement options available to the attorney general.”
