Ex-Olathe teacher convicted of stalking girl is denied bond while pressing his appeal
A former Olathe public schools teacher convicted of stalking a fourth-grade girl to whom he was sexually attracted was denied release on bond Tuesday pending the outcome of an appeal of his conviction.
James D. Loganbill, 60, of Lenexa began serving one year in the Johnson County jail immediately after District Judge Thomas Sutherland passed sentence on the misdemeanor charge last week. Upon completion of his sentence he must register as a sex offender for 15 years.
Appearing via Zoom wearing a dark mask and a striped jail jumpsuit, Loganbill looked on quietly as his attorney, Carl Cornwell, argued that Loganbill did not pose a flight risk and had no previous criminal record. He said it would be unfortunate if Loganbill served the full year in the county jail only to have his conviction later overturned by the Kansas Court of Appeals.
In denying the motion for bond, Sutherland said he doubts that the court of appeals will overturn the conviction and that granting Loganbill release on bail now would only be “postponing the inevitable,” since he believes Loganbill will ultimately serve out his sentence.
But over the objection of prosecutor Cathy Eaton, Sutherland said he would recommend Loganbill for possible work release while he is in jail, although it would be up to his jailers at the Johnson County Sheriff’s Office to determine if he would be eligible. Eaton contended that Loganbill posed a danger to the community whether released on an appeal bond or allowed to leave his jail cell during the day to work at his construction job.
Sutherland agreed with Cornwell that the county’s work release program has adequate safeguards to counter any risk he might pose.
A teacher for more than 30 years in the Olathe public school district, Loganbill admitted to police in March 2020 that he was sexually aroused by a girl who was in the fourth-grade class he taught at Meadow Lane Elementary School, especially when she wore black leggings or dance pants.
He maintained that he never touched her, but admitted to taking photographs and videos of her from the waist down when she wasn’t looking while in his class and on the playground. More than 200 photos and videos were found on his phone and other electronic devices.
That June he was charged with stalking, which at the time was a misdemeanor that carried a maximum sentence of one year in the county jail. The legislature upgraded the statute to a felony at the urging of Johnson County District Attorney Steve Howe, the girl’s family and others.
At trial this September, Cornwell argued that his client’s actions did not fit the crime he was charged with. Stalking at the time the activities occurred required the victim to be in fear for their safety when they were being stalked, Cornwell said. Both sides agreed that the girl didn’t know of Loganbill’s activity until after it was brought to the attention of authorities.
Sutherland disputed Cornwell’s interpretation, ruling that the girl was fearful after learning of Loganbill’s activity and that injury was sufficient to base a conviction on.
Cornwell said he will take the case to the Kansas Supreme Court if he loses at the appeals court level and expects that Eaton would do the same if the appeals court found in Loganbill’s favor.
