Kahler defense, prosecution spar over mental health in death penalty case
Defense seeks second trial in ‘09 quadruple slaying in Osage County
In a case where no one challenged that James Kraig Kahler fatally shot his two teen daughters, his estranged wife and his wife’s grandmother, Kahler’s defense was prejudiced when the judge failed to read an instruction on how jurors should consider the evidence provided by expert witnesses testifying about Kahler’s mental health, an appellate defender told the Kansas Supreme Court on Friday.
Kahler’s defense in the four slayings was that mental illness prevented him from being able to form the necessary intent or premeditation for capital murder.
Kahler was apprehended in Shawnee County near Auburn within hours of the slayings.
On Oct. 11, 2011, Kahler was sentenced to death in Osage County District Court for murdering Karen Kahler, daughters Lauren Kahler, 16, and Emily Kahler, 18, and Karen Kahler’s 89-year-old grandmother, Dorothy Wight. The four were shot at Wight’s home during Thanksgiving Day weekend Nov. 28, 2009, in Burlingame.
On Friday, Meryl Carver-Allmond of the of the Capital Appellate Defenders Office, argued that Kahler’s convictions and the death penalty sentence should be overturned.
In Kahler’s appeal, appellate defenders contended psychiatric testimony supporting Kahler “provided sufficient evidence to support giving the (expert witness) instruction.”
Stephen Peterson, a psychiatrist, examined Kahler for his defense and testified during the trial about Kahler’s severe depression, a single episode of major depressive disorder and his post-traumatic stress disorder, according to appellate defense records.
Peterson found Kahler was “severely mentally impaired” on Nov. 28, 2009, and that Kahler’s ability to make rational decisions that evening was “heavily influenced by his major depression,” defense records contended. But Peterson didn’t think he was allowed to provide an expert opinion during the trial.
The defense didn’t mention a key statement by Kahler “when it sounds like he is having an out-of-body experience,” Carver-Allmond said.
To not allow the defense to point out this piece of key evidence showing Kahler’s mental state is harmful to the defendant, Carver-Allmond said.
However, prosecution witness William Logan, a psychiatrist, did give an opinion, testifying he didn’t see anything in Kahler’s initial interview with law enforcement officers to suggest he lacked the capacity to premeditate or form the intent to kill.
Kristafer R. Ailslieger, deputy solicitor general for the Kansas attorney general’s office, said a defense attorney did quote Peterson’s opinion about what Kahler said, and the defense attorney got the point into the court record.
“There was no error, there was no prejudice, there was no harm,” Ailslieger said.
Ailslieger said that Kansas case law spanning years instructs judges to not give expert witness instruction to the jury.
Justice Lee Johnson noted that one expert had expressed an opinion in the Kahler trial and one hadn’t, and perhaps it was time for an exception to the rule to have Peterson express an opinion.
Kahler, 53, who is being housed in the El Dorado Correctional Facility, wasn’t present in the Kansas Supreme Court during the appellate arguments on Friday. Defendants normally aren’t present during appellate hearings.
Because Kahler is sentenced to death, defense and prosecution appellate attorneys had a maximum of one hour each to argue their points.
Osage County Attorney Brandon Jones, who prosecuted the case with assistant attorney general Amy Hanley, sat in the supreme court to listen to the arguments. Tom Haney defended Kahler in the trial.
The couple’s son, Sean Kahler — 10 at the time of the slayings — was the only other survivor.
During the capital murder trial, the boy testified about seeing his father shoot his mother while he and Karen Kahler were cleaning coins in a kitchen sink. Kahler allowed his son to escape unharmed.
During the sentencing of Kraig Kahler, two notes from Sean Kahler were read to jurors, both opposing imposition of the death penalty.
It’s unknown when the court will issue a ruling on the Kahler appeal.
http://cjonline.com/news/crime-court...h-penalty-case
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