This is an ongoing case. Here's what happens now.

CURRENT

STATUS

THE SENTENCE

On April 3, 2019, Judge Sally Pokorny sentenced Albert to 147 months — or just over 12 years — in prison. His sentence is to be followed by lifetime post-release supervision, and Albert must also register as a sexual offender.

 

Albert is currently an inmate at the Hutchinson Correctional Facility, a state prison operated by the Kansas Department of Corrections. His earliest possible release date is May 1, 2029.

THE APPEAL

On May 14, 2019, Albert appealed his case to the Kansas Court of Appeals. As part of his appeal, Albert filed a motion for what’s called a “Van Cleave” hearing. A Van Cleave hearing is used when it becomes apparent that a defendant’s trial counsel was ineffective. The procedure allows a district court to decide whether ineffective assistance, in fact, occurred.

 

In Albert’s case, his public defender failed to:

 

  • File any pretrial motions

  • Consult a DNA expert to explain the lack of physical evidence

  • Object to the testimony of the prosecution’s psychologist during trial

  • Introduce exculpatory evidence from the accuser’s phone

The Douglas County District Court is scheduled to hold the Van Cleave hearing on November 2-3, 2020.