KANSAS CITY, Mo. — A federal judge in Topeka denied a motion Thursday by the U.S. Attorney's Office in Kansas to revoke the pretrial release of former KCK police detective Roger Golubski.
The motion to revoke came after a citizen captured video of Golubski violating a court order by stopping for lunch in January at a Culver's without permission.
RELATED | Citizen catches Golubski grabbing lunch at Culver's, possibly violating pre-trial release
Golubski, who had a 35-year tenure with the KCK Police Department, was charged in September 2022 with six counts of deprivation of civil rights for allegedly using his authority as a law enforcement officer to sexually assault two victims — including a minor beginning in 1998. He pleaded not guilty.
Golubski also is charged with alleged involvement in a sex-trafficking ring — which also included a minor, according to court documents.
If convicted, Golubski could face life in prison on each of the eight counts.
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Golubski's attorneys won him the right to remain out of federal custody while awaiting trial — in part based on his medical issues, including diabetes — on the condition he would abide by home-detention orders, which includes wearing a GPS monitor device.
Court documents said Golubski violated those orders on Jan. 23 by visiting a Culver's restaurant near Village Parkway in KCK to grab lunch with a woman after attending an approved appointment with a physician.
The court document filed by the federal government identifies the woman as Lorene Stewart, into whose custody Golubski was released pretrial, according to court documents. Stewart agreed to notify the court if Golubski violated his home-detention orders.
A concerned citizen at Culver's recognized Golubski and began taking photos and videos of him inside the restaurant, according to court documents.
Stewart allegedly noticed the citizen recording Golubski and they subsequently left after receiving their food order.
The court document said the citizen believes the two would have stayed inside the restaurant to eat if they had not noticed Golubski was being recorded. He was at Culver's for a total of 10 minutes, per court documents.
Golubski's probation officer was made aware of the photos and videos on Jan. 24, and, according to the court document, "inaccurately" said Golubski had not violated his pretrial release terms. Later, on Feb. 21, the probation officer acknowledged Golubski did not receive permission to go to Culver's.
The probation officer allegedly told Golubski he is to travel directly to and from his home and doctor's appointments, and that he should be equipped for diabetic emergencies by bringing snacks and a cup of ice and water with him.
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In a response to the motion to revoke his pretrial release, Golubski's attorneys acknowledged he did not receive permission to go to the Culver's, but argued the restaurant was along a direct route between Golubski's physician's office and his home.
The response filed by Golubski's attorney said that when Golubski discussed the violation with his probation officer, Golubski told them he needed carbohydrates to manage his blood sugar.
The attorney's response said the probation officer already addressed the "minor violation" by revoking his rights to discretionary leave.
The court says it ensured Golubski was aware of his pretrial release conditions, and that if he violated them, his home detention privileges could be revoked, and Golubski signed and acknowledgment of these terms.
U.S. Magistrate Judge Rachel E. Schwartz on Thursday issued an order to modify conditions and terms of pretrial release.
"Home Detention," the order states. "You are restricted to your residence at all times except for: employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities approved in advance by the pretrial services office or supervising officer only if those activities are directly tied to and necessary for these specified exceptions. Absent court approval, discretionary leave that does not fall into one of the exceptions listed in this paragraph shall not be approved by the pretrial services office or supervising officer."
The judge's order also states all other conditions remain in effect.
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