A deal has been struck that clears the way in which for the return to Kansas of a person who had been banished from the state as a situation of a legal plea deal
A person who was banished from Kansas as a situation of a legal plea deal may very well be allowed again within the state below a deal struck Monday, civil rights advocates mentioned.
The American Civil Liberties Union of Kansas mentioned in a information launch that it has agreed to drop a civil lawsuit introduced on behalf of Bo Dana Rupert in trade for an amended Montgomery County plea settlement in a associated legal case towards him.
Court docket transcripts present Rupert pleaded no contest in 2017 to a few felony counts of creating a legal menace and three misdemeanor counts of submitting a false report. He was sentenced to 12 months of probation, and the choose accepted a plea settlement below which he was banished from the state — two apparently incongruous phrases.
Rupert left Kansas the following day and has by no means returned, in keeping with the ACLU. The group mentioned in its submitting that his then legal professional suggested him: “Don’t still be here tomorrow when the sun comes up.”
Two weeks after he was sentenced, Montgomery County issued an arrest warrant for Rupert stating he had violated the phrases of his probation by not attending his probation conferences in Kansas.
The ACLU mentioned in a courtroom submitting that the banishment was paying homage to punishments within the days of the Wild West, when convicted criminals have been dropped on the state line and warned to by no means return in a observe known as “sundown probation;” and in historical Greece, the place folks convicted of murder or embarrassing army defeat have been despatched into exile.
Beneath the brand new settlement, Montgomery County Legal professional Larry Markle agreed to not prosecute Rupert for fleeing the state, one thing that Rupert contends he did to adjust to the plea settlement’s banishment phrases, in keeping with ACLU. It additionally removes the stipulation for probation from his plea deal.
“We hope attorneys on both sides will think twice before adding stipulations like this one to probation agreements in the future,” mentioned Lauren Bonds, authorized director for the ACLU of Kansas. “This was an unusual situation, to say the least.”
Markle mentioned he would remark later.
It’s unclear if Rupert really desires to return to Kansas.
The ACLU additionally agreed to launch a public assertion clarifying the position that Rupert’s legal protection counsel, Heath Lampson, performed in crafting the banishment phrases in his plea deal, in keeping with a duplicate of the settlement obtained by The Related Press. The ACLU issued a information launch stating it was Lampson who ready the “problematic terms of the plea agreement, not Markle.”
That 2017 plea settlement explicitly acknowledged Rupert was to not return to Kansas: “If the defendant does return to Kansas then the terms of this agreement have been violated and the County Attorney may consider filing all other charges for additional offenses not filed now.”
Lampson didn’t instantly return a message searching for remark.