TOPEKA, Kan. — The State of Kansas is paying a man after he served time in prison for a contempt of court charge in Reno County that was overturned by the Kansas Supreme Court.
As first reported by the Kansas Reflector, the State Finance Council found out Tuesday that 40-year-old Jose Delacruz would be paid $123,000 and receive one year of state health insurance benefits and a college tuition waiver. Delacruz also qualified for $10,700 to pay for attorney fees.
The council includes Gov. Laura Kelly and leaders of both parties in the House and Senate.
The Supreme Court reversed the Reno County District Court’s finding in 2018 that Delacruz was in direct contempt for refusing to testify at Anthony Waller's jury trial related to the killing of Joshua Haines on April 10, 2010.
Delacruz contended, and the Supreme Court found, that he was entitled to invoke his Fifth Amendment right against self-incrimination, because the state's immunity offer was not broad enough. The court held that the offer did not cover all of the possibilities in which Delacruz’s testimony could have been used against him.