Kansas Capital Habeas Office allowed to represent quadruple murderer James Kahler in suit

By Tim Hrenchir
The Topeka Captal-Journal

Kansas Attorney General Kris Kobach's office has ceased trying to disqualify the Kansas Capital Habeas Office from representing quadruple killer James Kraig Kahler in his lawsuit seeking to vacate his convictions and death sentence.

Osage County District Court Judge Taylor Wine issued a court order Monday addressing a motion Kobach's office filed May 1 seeking to have the Habeas Office disqualified because of what it alleged was a conflict of interest.

Wine "does not specifically find that a conflict exists," he said in the order.

He added that the two sides agreed to resolve the issue by arranging for Kahler to sign a "waiver of conflict."

Wine scheduled a July 31 Zoom hearing, during which he said Kahler would be able to sign such a waiver.

Kahler faces death sentence for killings of four family members


Wine's order came in response to arguments made at a May 22 hearing linked to the civil suit Kahler filed Jan. 19 seeking to vacate his convictions and sentence.

Kahler, 60, was sentenced to death in 2011 after being convicted of capital murder in the 2009 gunshot slayings of his estranged wife, their two daughters and his wife's grandmother at their home at Burlingame in Osage County.

Authorities said Kahler gunned down Karen Kahler, 44; Lauren Kahler, 16, and Emily Kahler, 18; and Dorothy Wight, 89. His 10-year-old son, Sean Kahler, escaped.

Habeas Office said its loyalty would not be divided

Kris Ailslieger, the state's deputy solicitor general, asked in a May 1 motion that the Habeas Office be disqualified from representing Kahler.

Ailslieger noted that the Habeas Office falls under the authority of the Kansas State Board of Indigent's Services.

He suggested the Habeas Office's loyalty might be divided if it were to represent Kahler because its attorneys would need to argue that SBIDS and it executive director violated Kahler’s right to effective representation prior to his 2011 trial.

The Habeas Office disagreed in a response filed May 17, saying it did not have a conflict of interest because its loyalty would not be divided. It said its prior responsibility would be to its client, Kahler.

Preliminary hearing in suit set for Oct. 16

Wine's order issued Monday said he was appointing the Habeas Office to represent Kahler in the suit.

Wine said he had concluded Kahler was indigent, and Kahler had said he wanted that office to represent him.

Wine scheduled a preliminary hearing to take place at 1 p.m. Oct. 16 in Osage County District Court regarding Kahler's motion asking that his convictions and sentence be set aside.

https://www.cjonline.com/story/news/...t/70317218007/