An attorney for a former Sedgwick County jail deputy facing charges that he sexually assaulted six inmates said other inmates would testify that one alleged victim told them he let the deputy have sex with him so he could claim it was rape and make millions of dollars from litigation.
The alleged victim told other inmates he also “took one for the team” so he could get out of federal charges he was facing, defense attorney Chris O’Hara told District Judge Joseph Bribiesca during a hearing Wednesday.
The defense team for former jail Deputy David Kendall is trying to challenge the credibility of inmates who allege Kendall sexually assaulted them, contending that part of the inmates’ motivation is to gain money from potential litigation against the county.
Kendall, who is free on bond and who resigned after the criminal allegations arose, has been charged with 11 sex crimes against inmates, ranging from felony sodomy to misdemeanor sexual battery. Authorities said the crimes occurred between April and June 2012.
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Kendall was to face a hearing next week to determine whether there is enough evidence to take the case to trial, but that hearing is likely to be postponed. This week’s hearing, which ended Wednesday afternoon, focused on matters leading up to the evidentiary hearing.
One inmate would testify that the alleged victim told him that he let Kendall have sex with him, then grabbed the deputy’s handcuffs and put them on and started screaming that he had been raped, O’Hara said. Another inmate would testify that the alleged victim said the case against Kendall was a “get-out-of-jail-free card” for him, O’Hara said.
Some of the reported statements by the alleged victim occurred when he was later being held at the Butler County Jail, O’Hara said. O’Hara said he planned to call a witness who knew the alleged victim when they were being held at the Butler County Jail who would testify that an alleged rape was part of a “scam” that would bring the alleged victim $20 million.
The inmate would testify that the alleged victim told him that Kendall gave him cigarettes while he was in jail, O’Hara said. The inmate would also testify that the alleged victim told him that after he was taken to a hospital after the alleged rape, evidence was taken from his body, O’Hara said.
The defense noted at a hearing earlier this year that attorneys had filed claims on four inmates’ behalf for $22 million in damages from the county. No actual lawsuits have been filed so far, only claims.