Trial date set for former Olathe teacher accused of stalking fourth-grade girl
A tentative date has been set for late next month to try a former teacher in the Olathe school district who is charged with stalking a fourth-grade student to whom he admitted in court documents he was sexually attracted and photographed hundreds of time without her knowledge.
James D. Loganbill, 59, of Lenexa could face up to a year in jail and a maximum fine of $1,000 if convicted of the charge of reckless stalking, which under current statutes is a misdemeanor. Johnson County District Judge Thomas Sutherland set trial for May 26 at the request of Loganbill’s attorney, Carl Cornwell.
At a hearing on Wednesday, Cornwell said plea bargaining negotiations with prosecutors had “fallen through” and that he wished to have a trial within the next 30 to 45 days “for purposes of appeal.” Cornwell has argued in court filings that under the law the way it is currently written, Loganbill is not guilty, even if the court were to rule otherwise.
Johnson County District Attorney Steve Howe has acknowledged that the current statute has flaws, which the circumstances of this case have highlighted, and that the law needed to be fixed.
Last week, the Kansas Senate unanimously approved legislation that would do just that. If the House approves the amended bill and it is signed by the governor, as expected, the law will closes a loophole that Howe said could now help defendants like Loganbill escape prosecution at the district court level or have their convictions overturned on appeal.
The bill also upgrades reckless stalking to a felony for anyone convicted of it in the future for acts similar to those Loganbill is accused of.
He was arrested last June after, according to police, he admitted his fixation with one of his 10-year-old students and allowed police to search his electronic devices, where they found hundreds of photographs and videos of the girl.
She was not aware she was being photographed, which is the basis of Loganbill’s defense. Cornwell argued last fall in a motion to dismiss the case that the prosecution must prove that the victim of reckless stalking feared for their safety for there to be a conviction. Because the photos were taken surreptitiously, the girl was not in fear and therefore no crime was committed, Cornwell argued.
Sutherland denied the motion, noting that the girl was scared after learning that Loganbill had taken the pictures. Should Sutherland use that same logic at the trial, Cornwell plans to challenge the ruling at the Kansas Court of Appeals.
This story was originally published March 31, 2021 at 4:44 PM.
