Derek Gormly will continue to fight his sentence for illegal sexual activity with a teenager in front of a jury later this year.
During a pre-trial conference in Lyon County District Court Wednesday, Gormly was set for trial on Dec. 4 at 9 am. The trial comes as Gormly continues to challenge his sentence after he was convicted in late 2017 on charges of aggravated indecent liberties and lewd and lascivious conduct against a then-13-year-old girl in late 2016.
Gormly claims his sentence violates both the US and Kansas constitutions, accusing local law enforcement of purposefully omitting evidence and district court of wrongly allowing evidence from a separate case to be used to prove character, mental illness and elements of the crimes charged. He also says he received ineffective legal counsel and the sentence was both unconstitutionally long and not representative of the facts.
