2009 child sex assault case to be scheduled for re-trial
TOPEKA, Kan. (WIBW) - A judge, prosecutor and two defense attorneys briefly mulled Monday whether to schedule an 11-year-old sex assault case for trial in early 2021.
Defendant Christopher L. Waisner, 42, is charged with rape of a child younger than 14 and the offender is older than 18, two counts of aggravated criminal sodomy when the victim is younger than 14 and the defendant is older than 18, and aggravated indecent liberties with a child younger than 14 and the offender is older than 18, according to Shawnee County District Court records.
A fifth charge of sexual exploitation of a child was dismissed in April 2011.
Waisner remains free on bond.
Shawnee County District Court Judge William Ossmann suggested Monday that a seven-day trial date should be scheduled for late January or February 2021 rather than scheduling a series of status hearings until jury trials are regularly scheduled again in courts.
Perhaps the COVID-19 pandemic will be more under control, Ossmann said. Waiting could make it more difficult to schedule a seven-day trial date in the Waisner case because the court calendar will fill with other cases in the meantime.
But due to pending complexities in the case, a status hearing was scheduled to be conducted on November 2.
This will be the third trial in the Waisner case.
The first trial resulted in a hung jury.
In the second trial, Waisner was convicted of four counts and a fifth count was dismissed.
In October 2011, Waisner was sentenced to one life term, two consecutive life terms, and 12 years and 11 months on the fourth conviction, according to court records.
In October 2015, Waisner claimed he received ineffective counsel from attorney Kevin Cook, and the district court found Cook should have objected to the testimony of two experts who commented on the victim’s credibility.
In 2016, Waisner’s conviction was overturned, and he was released from prison.
In February 2018, the Kansas Court of Appeals upheld Shawnee County District Court Judge Evelyn Wilson’s decision to vacate Waisner’s convictions and sentences.
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