(AP) — A split Nebraska Court of Appeals panel has upheld the child sexual assault conviction of an Omaha man who objected to a court reporter’s covert efforts to correct a faulty trial transcript.
Charles Kays was sentenced in 2011 to up to 20 years in prison for sexually abusing a young girl.
On appeal, Kays’ attorney noted mistakes with the official trial transcript — including that 13 jurors instead of 12 deliberated the case. The court reporter corrected the mistakes, printed a new version and shredded the original — without the approval of a judge, as required by law.
On Tuesday, two appeals court judges ruled that the corrected transcript was accurate.
But in a dissenting opinion, Judge John Irwin said the accuracy of the corrected transcript could not be verified.