Johnson County prosecutors drop felony child abuse charge against ex-daycare provider
The Johnson County District Attorney’s Office dropped a felony child abuse charge brought against a daycare provider accused of striking a 6-month-old baby boy, causing a brain bleed, after new evidence came to light showing that the child was unharmed when he left her care.
Katherine Konon, 55, was scheduled to stand trial in early April stemming from allegations first brought against her in 2019. But about one week before the trial date, the DA’s office asked that the charge be dropped, prompting a Johnson County judge to dismiss the case without prejudice late last month.
Tom Bath, Konon’s defense attorney, noted that Konon has maintained her innocence for nearly three years. She is now evaluating her options after losing a business she ran for more than a decade and incurring court-related costs, he said.
“She is glad to have her life back — most of her life back — after what’s been a nightmare,” Bath said.
Konon was first charged with the aggravated battery in September 2019. The case, investigated by the Shawnee Police Department, was built in part on the word of the baby’s parents, who said he was covered in vomit and had red marks on his face when he was picked up from the daycare Konon ran out of her home.
Court records state that the baby was evaluated by medical staff at Children’s Mercy Hospital, and the boy’s father alleged in an interview with The Star last year that there was evidence showing the boy was hit multiple times. A more detailed review outlined in court papers filed by family said the boy suffered abrasions on the left temporal area and a brain hemorrhage, causing severe and permanent injuries.
Last month, an assistant prosecutor for the district attorney’s office was conducting a pretrial investigation when he became aware of a photograph taken by a family member of the child shortly after leaving the daycare, according to a motion filed in a related case.
In the photo, the baby did not appear to have markings on his face and was not covered in vomit as his parents have suggested for the past three years, Bath said in a court motion.
The photograph, the motion said, contradicted the family’s account and proved the abuse must have taken place at the hands of another person.
In response to the abuse allegation, Konon was stripped of her license to provide daycare services in Kansas. The Kansas Department for Children and Families also issued a finding at the time that there was evidence to support the allegation. But that finding was reversed by DCF late last month after the photograph was discovered and shared with the agency.
In a separate legal matter, the family of the child is suing Konon and her business over the alleged injury. In the lawsuit, the family is seeking at least $450,000 in damages.
This story was originally published April 14, 2022 at 7:47 AM.
