SPRINGFIELD, S.D. — Convicted sex offender and failed Republican state Senate candidate Joel Koskan has been appointed a new attorney after claims his last lawyer was “outright refusing” his phone calls as part of his attempt to vacate his decade-long prison sentence.
More than six months after Koskan pleaded guilty to two counts of incest in 2023 — charges which stemmed from a sexual relationship with his adopted daughter — he filed a civil lawsuit asking the court to review and ultimately toss out his sentence, claiming a multitude of issues under which his rights were violated.
But the lawsuit is moving slowly, according to news reports in The Dakota Scout and has yet to be heard in court. In a letter written to Judge Christina Klinger on May 24, Koskan said he had gone roughly five months without receiving a le“I have sent at least 10 letters to him, if not 15, and he has been unresponsive,” Koskan wrote. “I believe I have been able to speak on the phone three or four times.”
“I have sent at least 10 letters to him, if not 15, and he has been unresponsive,” Koskan wrote. “I believe I have been able to speak on the phone three or four times.”
He added that the lack of communication was affecting his ability to properly execute his bid for release from prison, and that time was of the essence.
“I know if I do not do my habeas correctly the first time, I will not be able to do a second habeas,” Koskan wrote. “I am requesting for new counsel to be appointed.”
More than a month after Koskan’s letter was dated, Knecht requested he be allowed to withdraw from the case.
“This motion is due to a breakdown in the attorney-client relationship, and [my] desire for [myself] to withdraw from representation in his case,” Knecht wrote to the judge.
The order was approved and attorney Edward Angel was appointed as a replacement.
It’s unclear when Koskan was notified of the change, if at all. Roughly two weeks after the lawyer swap, on July 11, Koskan again wrote to Klinger, saying Knecht was still ignoring his attempts to reach him.
“My court-appointed attorney Andrew Knecht has failed to take my phone calls and at this point is outright refusing to answer any calls,” Koskan wrote in his July 11 letter. “He has taken a total of three of my phone calls out of hundreds of times I have called and tried to make contact.”
A representative from Angel’s firm said Angel is currently at trial, and would not be returning phone calls until at least July 27. Knecht did not respond to a request for comment.
According to court records, no date has been established for Koskan’s case to be heard.
⌊ Koskan Gets 10 Years In Prison On Incest Charges ⌋
What are Koskan’s claims in his lawsuit?
The civil lawsuit was filed in Mellette County, and requests the court to bring forth Mike Durfee State Prison Warden Brent Fluke to determine whether Koskan’s detention in the Springfield prison is lawful.
Koskan is ultimately seeking his sentence to be suspended or entirely vacated. In the original lawsuit, he cites nine grounds for relief which he believes are reasons for the overturn of his sentence.
Arguably his most significant claim focuses on his adoptive daughter.
South Dakota codified law doesn’t include adopted children in its definition of incest, Koskan claims. Instead, the statute hinges on consanguinity — a relationship based on blood. While state law does prohibit sexual activity between parents and their children of half- or whole-blood, the specific statute Koskan was prosecuted under does not indicate whether adoption qualifies a person as a half- or whole-blood relative.
He also cited a 2009 South Dakota Supreme Court opinion, in which the high court agreed that former state lawmaker Ted Klaudt could not have committed incest with a foster daughter due to a lack of blood relation. Klaudt was convicted of rape for other acts.
Beyond Koskan’s claim of the definition of incest, he also accused prosecutors of selective prosecution, arguing that his adoptive daughter should have also been prosecuted for incest and other crimes.
“She confessed to several other crimes including obstruction of justice by lying to law enforcement and the crime of … incest,” Koskan’s lawsuit reads. “She was not held to the same standard.”
Other grounds for relief which Koskan argues include:
- Violations of Article III Constitution
- Violations of his Fifth Amendment rights
- Court-ordered marriage counseling for his wife, who was never charged
- Inadequate and/or ineffective counsel
- Inappropriate communication between the judge and the victim, and more
It’s unclear when Koskan’s case could be potentially scheduled to be heard in court.
