TOPEKA, Kan. (AP) — 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.
-------
TOPEKA, Kan. (AP) — A former dentist at a state prison for women acted inappropriately when he repeatedly touched a female inmate but his actions did not meet the legal definition of lewd, according to the Kansas Appeals Court.
The three-judge panel of the court last week overturned the January 2020 conviction of Tomas Co for having sexual relations with the inmate.
The court said that while Co touching the woman’s hand and her clothed leg above the knee was inappropriate and unwarranted, it was not “lewd,” which was required for conviction on the charge he faced.
Co supervised the dental clinic at the Topeka Correctional Facility, where female inmates made dental products such as dentures.
Prosecutors alleged that Co molested six inmates at the prison between 2011 and 2018 but he was found guilty on only one count. The conviction involved a woman whose complaints in January 2017 prompted an internal investigation that concluded Co should be fired.
He was sentenced in March 2020 to 32 months in prison but had remained free during his appeal.
Chris Joseph, one of Co’s attorneys, said Monday the behavior for which Co was convicted involved touching the inmate’s hands and knee while while helping her mold dentures.
----------
TOPEKA, KAN. (AP) — A former Kansas prison dental instructor convicted of molesting a female inmate has been sentenced to 32 months in prison.
Shawnee County District Judge Cheryl Rios on Friday agreed to release Thomas Co on $50,000 bond pending appeal. He will have to register as a sex offender for 25 years.
Prosecutors had alleged that Co molested six inmates at the Topeka Correctional Facility between 2011 and 2018 but he was found guilty on only one count. The conviction involved a woman whose complaints in January 2017 prompted an internal investigation that concluded Co should be fired.
An investigation by the Capital-Journal revealed at least nine women in the dental lab complained for five years about sexual harassment and unwanted physical contact from Co.
Co’s daughter, Christine Co, attended the court hearing and said the accusations were false and the family would fight to clear her father's name.