Having publicly leveled the serious charge that a Sedgwick County prosecutor falsified evidence, the Kansas Court of Appeals now has an obligation to acknowledge that it was wrong and that the evidence was in the lengthy court file all along. Perhaps the facts won’t change the appellate court’s decision against confining Robert C. Ontiberos to indefinite treatment as a sexual predator. But an accomplished prosecutor such as Marc Bennett deserves some official acknowledgment that he did nothing wrong in saying that Ontiberos made a shank while in prison. As Assistant Attorney General Kristafer Ailslieger argued in a filing last week, the court should at least change its opinion to correct its mistake.
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