
Kansas screws the kids over once again. This is 100% the fault of the evidently incompetent prosecutors.
A Wyandotte County judge dismissed a child sex abuse case against Michael Gonzalez after prosecutors failed to meet speedy trial requirements.
www.kmbc.com
KANSAS CITY, Kan. —
A man accused of sexually abusing a girl over several years has had his Wyandotte County case dismissed.
The girl claims Michael Antonio Gonzalez sexually assaulted her from the time she was in fourth grade to eighth grade.
Gonzalez faced one count of rape, four counts of sodomy, and two counts of indecent liberties with a child.
The case was dismissed Wednesday because Gonzalez failed to get a speedy trial.
“It is very rare that something like this happens,” said Chris Scott, Gonzalez’s attorney, who said it’s the first time he’s seen it in seventeen years working as both a prosecutor and defense attorney.
Scott said the prosecutor thought there was an active warrant for a probation violation on a previous domestic violence felony conviction.
It would’ve meant the speedy trial provision would not apply.
However, there was no warrant.
A statement from Wyandotte County District Attorney Mark Dupree’s office placed the blame on the probation office.
“When a defendant has more than one case he or she is being held on, the regular speedy trial rules do not apply. In Wyandotte County, the probation officer files a motion to revoke probation and requests a warrant or bond at the same time. This has been the procedure for more than a decade. Thousands of cases proceed this way every year. Unfortunately, the probation officer failed to request a warrant or bond and as a result, the regular speedy trial rules were applicable. The parties all believed there was a hold on the defendant but there was no hold. The probation violation warrant issue has been addressed with the Probation Office. The defendant in the dismissed case has not been released, and the state is requesting that he serves his prison sentence in the probation case. The State is proceeding with charges involving the same victim in State v. Charles Martin Gonzalez Jr. and that case carries a potential life sentence,” the statement said.
However, Wyandotte County Judge Courtney Mikesic in her ruling placed the blame squarely on the prosecutor.
“…it’s the state’s job to maintain and calculate speedy trial,” the ruling states.
“Obviously that is a pretty catastrophic mistake,” Scott said.
It’s not the first one for the Wyandotte County District Attorney’s Office involving a child sex case.
As KMBC reported in 2023, the Kansas Court of Appeals tossed out the sex crimes conviction of Josue Arita because the Wyandotte County prosecutor filed the wrong charges.
Arita had been convicted of sexually assaulting children ages 7 and 8 at the time.
Local defense attorney James Spies said it’s part of a pattern with Dupree’s office.
“We've seen the failure to prosecute cases when defendants come in on 48-hour holds. We’ve seen situations like this where people walk free,” he said.
Last month, KMBC
documented how more than 100 suspects for felony crimes were released after those 48-hour holds in a three-month span without formal charges being filed.
The Gonzalez case dismissal came the day before Dupree was honored by Kansas City, Kansas, Mayor Tyrone Garner with a proclamation in part for “setting a new statewide standard for transparency, accountability, and public trust.”
Gonzalez was scheduled to go to trial Monday and faced life in prison if convicted.
Now, there won’t be a trial.