JoCo judge will decide if man convicted in brutal 2002 murder gets new sentence
In October, a Johnson County judge will determine whether to grant the man convicted of brutally murdering Ali Kemp in 2002 a new sentence.
Two years after Kemp was killed in the pump room of the State Line swimming pool she worked at, Benjamin Appleby was arrested in Connecticut.
He confessed to the murder and was found guilty by a jury of capital murder and attempted rape.
He has been appealing his conviction since 2004, when he was sentenced to life in prison with no opportunity for parole for 50 years.
His attorney, on Friday, said his sentence, which placed him in prison for life without the possibility of parole for 50 years, is unconstitutional.
Shortly after his initial conviction, Appleby’s rape conviction was dismissed by the Kansas Supreme Court. But his murder conviction and his sentence has been upheld by the Kansas Supreme Court, the U.S. District Court and the U.S. Circuit Court of Appeals.
In April, he filed a motion in Johnson County District Court arguing that the “Hard 50” sentence he was assigned is unconstitutional.
His defense attorney Wendy Miller said that a court ruling after his sentencing rendered the sentence unconstitutional and required that he be provided a new sentence.
Prosecutors argued that because the ruling was made after Appleby was sentenced, it did not apply.
A judge will decide whether or not Appleby will get a new sentence on October 24.
This story was originally published August 30, 2019 at 1:57 PM.
