Yoder says he is tough on crime

County Attorney David Yoder said he has a commitment to the concerns of victims and to vigorous prosecution of serious offenders.

Yoder, 53, has been county attorney since 2002 when he was appointed to fill the position, which was vacated by Matt Treaster.

Yoder was elected to the position in 2004.

Yoder faces Mike Hoelscher in the Republican primary Aug. 5. Because no Democratic candidates have filed to run in the race, the election likely will be decided in the primary.

Yoder thinks he is the superior candidate because of his experience.

Yoder graduated from Washburn Law School in 1982. He served as a staff advocate and then a chief of military justice, the equivalent of a county attorney for a military base, from 1982 to 1987.

He was a partner in the Ice, Turner and Baer Law Firm from 1988 to 2001, where he practiced general law, a Harvey County Court Trustee for 11 years, who enforces child support orders, the Halstead City prosecutor from 1989 to 1998, a Harvey County small claims judge from 1989 to 1995, and a Newton municipal judge in 1995.

Yoder is a certified child interviewer with Finding Words Kansas.

A few of his community involvements include Newton Rotary Club president, chairman of Communities in Schools, chairman of Harvey County Drug Free Youth Coalition and member of the Heart to Heart Child Advocacy task force.

Yoder lives in Newton with his wife Lori. He has three grown children, two grown step-children, a 17-year-old step-child and three grandchildren.

He has prosecuted at most levels of the criminal justice system, and is one of 15 attorneys in the state to have prosecuted a capital murder case.

Yoder has prosecuted every level of sex offense and personally prosecutes every sex offense against children and every serious crime the county attorney’s office handles.

“I don’t think you can match my level of experience,” he said. “I also have a very strong sense of working with victims and including them in the process. I personally meet with all the victims and include them in resolving cases. They always have a voice. It is their case, not mine. It is their life.”

Yoder noted several sex crimes cases he prosecuted in the last year with success.

Jerry Sellers was accused of molesting a 12-year-old Newton girl.

He was convicted on two counts of aggravated indecent liberties with a child and will face sentences of 25 years to life in prison on each count.

Walter Spotts was convicted on two counts of rape of a 12-year-old girl and was sentenced to 76 years in prison without the possibility of parole.

Robert Burrton, a repeat sex offender, was sentenced to 130 months in prison for fondling a 12-year-old girl and an 18-year-old woman. He also was sentenced to serve 190 months on a previous sentence.

“To me, that is not being soft on crime,” he said. “Anyone who knows me knows that I am not soft on crime.”

Yoder said it is unethical to pursue convictions just for the sake of convictions.

“You can’t judge a county attorney on convictions,” Yoder said. “It is highly unethical and a violation of what the judiciary says is the function of the county attorney. We are ethically bound to seek justice and not convict at all costs. The appellate court is full of cases that say that in these words.”

He said a county attorney should not be judged on his conviction rate, because it is not the county attorney who determines the guilt or innocence of a defendant.

It is the judge or jury. It is the job of the prosecutor to present facts and seek justice, Yoder said.

“He (Hoelscher) has made gross misrepresentations of the facts,” Yoder said. “As a prosecutor, he should know better.”

Yoder said he has established an open-door policy with law enforcement and encourages dialogue between the offices.

Yoder also said victims should play an important part in the court process.

“We emphasize the rights and needs of victims, and we do everything we can to prevent the victim from being victimized by the court process,” Yoder said. “Victims should have a voice in the process. The cases are not ours. I believe if we don’t speak for victims, no one else will.”

Yoder said he has put an emphasis on working with and protecting children.

He said he has worked with children in the community as a coach, Boy Scout leader and Sunday school teacher.

“They are our most vulnerable citizens, and they need our utmost protection,” Yoder said. “They are our future.”