Shawnee County DA Asking Kansas Supreme Court for Review

Shawnee County District Attorney Mike Kagay will ask the Kansas Supreme court to review a decision that overturned the conviction of a former prison dentist for having sexual relations with a female inmate.

The Kansas Court of Appeals last month overturned the January 2020 conviction of Tomas Co, who was accused of repeatedly touching the inmate at the Topeka Correctional Center.

The appeals court said Co’s touching the inmate on her leg and thighs was inappropriate, but did not meet the legal definition of lewd, which was required for a conviction on the charge he faced.

Kagay said if the Kansas Supreme Court doesn’t overrule the appeals court finding, he will seek a legislative change to the relevant law, The Topeka Capital Journal reported.

Co supervised a dental lab at Topeka Correctional Facility, where the female inmates made dental products.

Prosecutors alleged that Co molested six inmates at the prison between 2011 and 2018, but he was found guilty on only one count.