State v. Robinson

The opinion of the court was delivered by Willie Clyde Robinson appeals his jury conviction of aggravated sodomy (K.S.A. 21-3506) and robbery (K.S.A. 21-3426). Steven Clark and Ricky D. Lloyd appeal their convictions of aiding and abetting aggravated sodomy (K.S.A. 21-3205 and K.S.A. 21-3506) and attempted aggravated sodomy (K.S.A. 21-3301 and K.S.A. 21-3506). Their convictions resulted from accusations of Kenneth Finkle while the four were prisoners in the Montgomery County Jail. On September 14, 1979, and during the early morning hours of September 15, 1979, five prisoners were confined in the east cell block of the Montgomery County Jail in Independence. They were Finkle, the three defendants, Robinson, Lloyd and Clark, and one Kenneth Cresswell, a male weighing over 200 pounds. This area of the jail has a tank or open area available to all inmates which contains a table and the toilet and shower facilities. The east cell block which opens into the tank contains four cells with two or more bunks. Cresswell occupied cell four, with Finkle in cell three and the three defendants in cells one and two. The cells were all unlocked, open and available to all the inmates.