DENVER—A federal appeals court has upheld the convictions of a Kansas couple for defrauding and abusing mentally ill residents in a group home and ordered the trial court to decide whether the wife’s prison sentence should be longer.
The 10th U.S. Circuit Court of Appeals issued a ruling Wednesday rejecting arguments by Arlan Kaufman and his wife, Linda, that the trial court violated their constitutional rights and erred in its jury instructions.
A three-judge panel also ruled that the district court should reconsider factors that could lengthen Linda Kaufman’s seven-year prison sentence. Prosecutors argued that the district court should have applied so-called “enhancements” to the sentence: use of a dangerous weapon, offenses against vulnerable people and obstruction of justice.
The Newton, Kan., couple were convicted in November 2006 on several charges, including forced labor and holding clients in involuntary servitude, for their treatment of residents in the group home they ran.
According to testimony at their trial, the Kaufmans controlled every aspect of the lives of the mentally ill people they cared for, including deciding where they could sleep, what they ate and who could wear clothes. There was testimony about residents being forced to masturbate, fondle each other and shave each others’ genitals while being videotaped.
Arlan Kaufman was sentenced to 30 years after a federal jury found him guilty of 31 charges. His wife was convicted of 30 counts.
In their appeal of their convictions, the Kaufmans contended the court violated their constitutional right to confront their accusers when they were ordered to avoid eye contact with the former clients who testified against them. They also claimed the trial court erred in instructing the jury on elements necessary to prove involuntary servitude.
While saying the no eye-contact order, was a concern the appeals court said the Kaufmans failed to show that it affected the outcome of the case. The judges found sufficient evidence to support the couple’s convictions of involuntary servitude.
The appeals court also sided with prosecutors’ challenge of Linda Kaufman’s sentence on procedural grounds. If the court applies all the sentence enhances sought by prosecutors, the sentence would range from 324 months to 405 months.
The judges ordered the lower court to determine whether she used a stun gun on residents and how many of the residents were considered vulnerable when reconsidering the sentence.
The court agreed with the government that a sentence enhancement for obstruction of justice should be applied in Linda Kaufman’s case.
