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

CURRENT

STATUS

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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.

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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.