Dismissal in JoCo Sodomy prosecution

John DeMarco won a dismissal in State v. Wheeler, a Johnson County sodomy prosecution. The case involved an alleged sex act between a nurse's aide (Wheeler) and a patient at a rehabilitation center. The State agreed to dismiss the case after the State's doctor changed his opinion on the alleged victim's capacity to consent. Johnson County DA Kline said, “The only issue is, does she have the capacity, and the state’s doctor says she does under the law — there’s not much you can do with that." Here is coverage of the dismissal by the KC Star.