A former Kincaid man, sentenced on two charges of rape involving his 13-year-old stepdaughter, has filed a motion claiming he received inadequate representation in the case. Caleb Foltz was sentenced to 25 years in prison for the alleged crimes. He says that his defense attorney, Forrest Lowery of Ottawa, did not give proper representation to him and the courtroom procedure leading up to the plea agreement being signed was improper.
The Kansas Attorney General office assisted in the prosecution so they will be the responding party to the motion.
Foltz was arrested in December of 2020 when his wife saw activities between him and her daughter and reported it to law enforcement. Foltz admitted to the relationship with the girl, saying it started out as horseplay, but became physical over a period of months. He is seeking to overturn his sentence and receive a new trial.
