Kansas Supreme Court vacates capital murder conviction in Johnson County case
The decision comes after the state Supreme Court said it found 'multiple instances of prosecutorial error' that deprived the defendant's right to a fair trial.
'My client, Devonte Wash was convicted of the capital murder of his girlfriend Ashley Harlan. We have advanced five assignments of error. We believe they all have merit,' Wash's attorney, Laura Stratton said.
Jacob Gontesky, representing the State, says Wash was convicted due to a mountain of evidence in the case.
'They convicted him on the surveillance video. On his lies to police, on his admitted lies to police. On his angry urging that his girlfriend get an abortion to abort that baby,' Assistant District Attorney Gontesky said.
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The Johnson County District Attorney's Office, which prosecuted the case, said Friday that it had no comment on the state Supreme Court's decision.
Now, the case is being sent back to the Johnson County District Court.
Harlan's family was not aware of the recent Kansas Supreme Court ruling when they were contacted by FOX4 Friday.
In 2022, the defendant, Devonte Wash, was convicted of capital murder in the shooting death of 23-year-old Ashley Harlan and her unborn child.
Harlan was found dead inside an Olathe home on Jan. 30, 2018. She was about 20 weeks pregnant.
Wash, who was 26 at the time, was arrested and charged months after Harlan's death.
A jury trial was held in the spring of 2022 in district court. Wash was found guilty following a three-week trial, and he was without the possibility of parole.
On Friday, the Kansas Supreme Court shared its decision in a written statement. The decision, detailed in a 56-page document, comes after the court heard in January.
It highlighted two errors in the case. It said the prosecutor 'repeatedly referenced evidence before the jury the Johnson County District Court had excluded.' It also said that during closing statements, the prosecutor 'improperly suggested certain disputed facts were undisputed—a prosecutorial tactic the court has consistently condemned.'
'Given the limited and circumstantial nature of the evidence against Wash, the court concluded these errors were not harmless,' the state Supreme Court said in its statement Friday. 'It stated the prosecution's actions filled crucial evidentiary gaps with improper tactics, failing to meet the state's obligation to ensure a fair trial.'
The case has been remanded to the district court for further proceedings.
This is a developing story. Stay with FOX4 for the latest updates.
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