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Waddell found guilty

Jury convicts on all counts

Friday, February 22, 2008

A change of venue made no difference in the outcome of a trial for an Americus man accused of raping, sodomizing and taking indecent liberties with a child.

Jeanne Turner, clerk of the Lyon County District Court, said Friday night that the jury had convicted Kenneth Waddell, 62, of all eight counts involved in the case.

The jury had begun deliberations late Friday afternoon and brought in the verdicts shortly after 8:30, Turner said.

The jury had planned to deliberate into the evening, and arrangements had been made to meet again on Saturday, if necessary.

It is likely that Waddell will be brought back to Emporia this weekend and may have a sentencing date set on Monday in Lyon County District Court, Turner said.

The judge has ordered an updated pre-sentencing investigation for Waddell.

Waddell was sentenced to prison in 2003 after being convicted here on multiple charges of rape, aggravated sodomy and aggravated indecent liberties with a child.

He appealed the conviction to the Kansas Court of Appeals, which ordered a retrial. The appeals court had ruled that Waddell's constitutional rights had been violated when the young victim in the case testified by videotape instead of in person in court. The appeals court also said that testimony from Waddell's daughter was prejudicial to his rights. The daughter had testified that Waddell also had molested her when she was a child.

Prosecutors appealed that decision to the Kansas Supreme Court, which in May 2006 refused to hear the appeal.

The retrial was to begin in January in Emporia. However, a questionnaire given to potential jurors showed that about 50 percent of them had some knowledge of the case.

Based on that information, the defense again asked for a change of venue, which was granted when Lyon County Attorney Marc Goodman did not object.

Goodman and Assistant County Attorney Amy Aranda prosecuted the case, which was heard by Fifth District Chief District Court Judge Merlin Wheeler of Emporia.

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