TOPEKA, Kan. (AP) — A high school student reported that a Kansas House
member working as a substitute teacher manhandled him and kicked him in the testicles during class, and the lawmaker told authorities that God told him to do so, according to a written statement from a sheriff's deputy.
According to the deputy's affidavit, which was released to reporters on Tuesday, the boy showed him a golf
ball-sized "road rash" and a 3-to-4 inch scratch on his back, which he claimed appeared after Republican
state Rep. Mark Samsel
, of Wellsville, pushed him up against a classroom wall on April
Samsel, 36, was charged last week with three misdemeanor counts of battery in connection with his "rude, insulting, or angry" interactions with two students, ages 15 or 16, during an art class at Wellsville High School. He has pleaded not guilty to the charges, which carry a maximum jail sentence of six months.
According to the affidavit, Samsel admitted during an interview
that he had "demonstrated a kick" after one of the students disrupted class, but he told the deputy that he did not kick the boy and that the student had "embellished the heck out of it."
According to the affidavit, the boy told the deputy that after Samsel shoved him against the wall and kicked him, “his back and testicles were in pain” for about 15 minutes.
“All an affidavit is, is a very brief recitation of allegations, and they’re all allegations at this point,” said Samsel’s attorney, Christopher Scott. “He is innocent unless proven guilty.”
Samsel did not answer the phone, and it was impossible to leave a message for him on Tuesday.
Samsel has been barred from school property and events for a year by the Wellsville school district.
There is no indication that Samsel will face disciplinary action from the House, which has the power to censure or expel members, and the House's top Republican leaders have stated that the courts "must be allowed to work."
Scott asked the magistrate not to release the affidavit on Monday, but the judge did.
According to the document, when the sheriff's deputy asked Samsel why he had put his hands on the boy, Samsel pointed to the ceiling, and when the deputy asked if God had told him to do so, Samsel replied, "Twice."
“He stated he knew it was wrong and he shouldn’t do it, he stated he didn’t want to do it, he stated, ‘The whole world is telling me not to do it, God said, Yes.’ Mark believes this was God’s plan,” according to the affidavit.
According to the affidavit, Samsel told the deputy he didn't "want to do any of the things I did right there," and that he might end up in a psychiatric hospital "because it has all the appearance of a psychotic episode or manic episode."
Samsel can be seen in videos shot by students and provided by a parent discussing suicide
, God, and sex in a loud classroom.
A female student told the deputy that Samsel grabbed her shoulders at one point, despite the fact that he was "not aggressive." She said he asked her, "Do you have mental problems?"
Samsel's next court appearance is scheduled for July 12th, after a Franklin County magistrate ordered him to undergo a mental health
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