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  1. #1
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    Kyle Trevor Flack - Kansas Death Row



    Steven White, 31, Andrew Stout, 30, Kaylie Bailey, 21, and Lana Bailey, 1








    Investigators find body believed to be missing Missouri toddler Lana Bailey


    By KHSB 41 Action News Staff

    After days of intensive searching, police believe they have found Lana Bailey, KSHB reported.

    Franklin County authorities made the announcement at a 1 a.m. news conference Sunday.

    "It is with great sadness that I report a body found in Osage County, Kan., is believed to be that of 18-month-old Lana Bailey," Sheriff Richards said.

    Saturday evening, an Osage County sheriffs deputy found evidence related to the case, prompting further searches in the area. Just after 10 p.m., they located a body.

    The sheriff is confident that the remains are of Lana, but he said it is standard procedure to have a forensic examination conducted before making a final identification.

    "I want the family of Lana and all the victims to know that this investigation will continue until we are confident we have collected as much evidence as we can to ensure justice is served on behalf of all four victims," Sheriff Richards said.

    Authorities said the family is seeking closure knowing that some of their questions can now be answered.

    "It is not the outcome we hoped for, but we could not stop searching until Lana was home," Sheriff Richards said.

    Police would not elaborate on where the body was found.

    The news comes just hours after Sheriff Jeff Richards announced the search for baby Lana would be scaled back, allowing crews to rest after following more than 400 leads in the case.

    Lana and her 21-year-old mother, Kaylie, were reported missing May 3. Kaylie's body was found on a farm in rural Ottawa Tuesday, along with the bodies of two men.

    Kyle Flack, 27, was charged Friday in the deaths of the four victims. If convicted, he could face the death penalty.

    RELATED: Who is Kyle Flack? Suspect in Franklin County homicides has violent past: http://bit.ly/10vcVHZ

    Flack was also charged with two counts of capital murder, one count of rape and one count of criminal possession of a firearm. The capital murder charges will give prosecutors the option of pursuing the death penalty, but they said in a news conference Friday that decision has not yet been made.

    http://www.thedenverchannel.com/news...er-lana-bailey
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    Flack represented by death penalty attorney at hearing

    In a roughly 3 minute hearing, Kyle Trevor Flack declined to have capital murder charges and other offenses read to him Monday afternoon in Franklin County District Court.

    Flack, whose hands were cuffed and legs shackled, was escorted by five law enforcement officers into a small and crowded courtroom minutes before the hearing started.

    The difference between the hearings Friday and Monday was Flack, 27, was represented Monday by attorney Ron Evans, head of the state death penalty defense unit. Evans was appointed to represent Flack by the state of Kansas.

    Flack next will appear in court July 8 to determine the status of the case and to schedule his preliminary hearing.

    The hearing was before Judge Thomas H. Sachse. Flack is charged in Franklin County with:

    ■ Capital murder in the slayings between April 28 and May 6 of Andrew Adam Stout, Kaylie Bailey and Lana Leigh Bailey.

    ■ Three alternative counts of premeditated first-degree murder of Stout and the Baileys.

    ■ Premeditated first-degree murder between April 20 and 28 of Steven White.

    ■ Capital murder in the killing of Kaylie Bailey during or after she was raped.

    ■ Rape of Kaylie Bailey.

    ■ Criminal possession of a firearm by a felon.

    Lana-Leigh Bailey, an 18-month-old toddler, was the last of four victims to be found. For several days, hundreds of law enforcement officials and volunteers combed the area on foot, horseback and all-terrain vehicle and included rescue divers, as well as observers in planes and helicopters.

    The search came to an end late Saturday in Osage County, where authorities found what they said were the remains of the toddler.

    Franklin County Sheriff Jeff Richards earlier said authorities think Lana-Leigh was killed at the Franklin County farm, then transferred to an unspecified location in Osage County.

    The bodies of Lana-Leigh Bailey’s mother, Kaylie Bailey, 21, of Olathe, and the two men — White, 31, and Stout, 30 — had been discovered May 6 and 7 at 3197 Georgia Road, which is west of Ottawa. Stout and Bailey reportedly had been dating.

    Flack was apprehended at 2:30 a.m. May 8 in Emporia on an Osage County warrant. Flack, who resided in Quenemo when he lived in Osage County, was charged with failure to register as a violent offender.

    Bailey’s vehicle also was found in Emporia on May 7.

    http://cjonline.com/news/2013-05-13/...torney-hearing
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    Hearing set Tuesday for capital murder defendant Flack

    A Franklin County District Court judge will hear evidence Tuesday about a prosecution motion seeking to admit the statements of capital murder defendant Kyle Trevor Flack, who is charged with killing three adults and a toddler in 2013.

    Prosecutors originally had sought to have the hearing closed to the public, but after reviewing case law from a 2013 Kansas ruling and a 1984 Georgia decision, Franklin County Attorney Stephen Hunting is seeking to withdraw the request to close the hearing.

    However, the gist of Flack's statements remain unknown because the motion itself to admit the statements remains under seal. The motion was filed Jan. 8.

    After that motion is dealt with, Franklin County District Court Judge Thomas Sachse will begin the preliminary hearing of Flack.

    "We are expecting it to go two days," said John Steelman, court administrator for the 4th Judicial District. "I've had some queries whether it will be more than two days. It's still set for two."

    Franklin County is one of four counties in the 4th Judicial District, and the Franklin County District Court is in Ottawa.

    On Wednesday, Sachse issued an order forbidding audio and video recording during the preliminary hearing.

    Going into the preliminary hearing, Flack faces an amended set of charges that were filed Feb. 21 compared to the original charges filed in May 2013. Overall, there are fewer charges. Originally Flack, 28, faced eight counts and now faces five.

    One of two counts of capital murder has been dropped, and a charge of rape has been amended to attempted rape, according to Franklin County District Court records.

    The current charges are:

    ■ Capital murder in the premeditated deaths of more than one victim, Kaylie Bailey, 21, of Olathe, and her daughter, Lana-Leigh Bailey, 18 months.

    ■ Two counts of premeditated first-degree murder in the slayings of Andrew Adam Stout, 30, and Steven White, 31. In each count, prosecutors are seeking a "Hard 50" prison term.

    ■ Attempted rape of Kaylie Bailey.

    ■ Criminal possession of a firearm by a felon tied to Flack's 2005 felony conviction in Franklin County. In the 2005 case, Flack was convicted of attempted second-degree murder and was paroled in July 2009 after serving about four years in prison.

    Flack completed his parole in April 2012, Kansas Department of Corrections records said.

    In that case, Flack pleaded guilty to attempting to kill Steve Free by shooting him on May 2, 2005, in a work dispute.

    In the attempted rape count, Flack is charged with disrobing the victim, binding her hands behind her back, gagging her and attempting to have sex with her, court records said. The victim was overcome by force, records said.

    In the original counts, Flack faced a second capital murder count tied to the killing of Bailey during a rape.

    The state has listed hundreds of witnesses it could call.

    On Jan. 13, prosecutors submitted a motion to endorse 829 additional witnesses. The single-space witness list runs 22 pages and includes scores of law enforcement officers, several apparent members of Flack's family and many civilians.

    The preliminary hearing on Tuesday and Wednesday originally was to have been in February, but the judge moved it back two weeks due to a military obligation by a prosecutor. The judge approved that schedule change on Aug. 29.

    The bodies of Kaylie Bailey, the 21-year-old mother of the toddler, of Olathe, and the two men — White, 31, and Stout, 30 — were discovered May 6 and 7 at 3197 Georgia Road. Stout and Bailey reportedly had been dating.

    The Georgia address is seven miles northwest of Ottawa, five miles northeast of Pomona, and six miles east of the Franklin-Osage County line. The body of the toddler was found in Osage County on May 11.

    Flack was apprehended at 2:30 a.m. May 8 in Emporia on an Osage County warrant. Kaylie Bailey’s vehicle also was found May 7 in Emporia.

    Flack remains in the Franklin County Jail in lieu of a $1 million bond.

    http://m.cjonline.com/news/2014-03-0...efendant-flack
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    Judge orders trial in Kansas quadruple homicide

    A judge has ordered a 28-year-old Kansas man to stand trial in the deaths of three adults and an 18-month-old child.

    Franklin County Judge Thomas Sachse ordered Kyle Flack to stand trial on charges of capital murder, first-degree murder and a weapons violation in the deaths. Flack's attorney, Ron Evans, declined to comment.

    The bodies of Andrew Stout, Steven White and Kaylie Bailey were discovered last spring at Stout's Ottawa farm. The body of Bailey's daughter, Lana-Leigh, was found several days later in a suitcase in a creek. Testimony showed all four died of gunshot wounds.

    The judge ruled Wednesday at a preliminary hearing that there was probable cause to try Flack on the murder and weapons charges, but not a charge of attempted rape prosecutors had been seeking.

    http://www.kmbc.com/news/dna-experts...#ixzz2vmA70EkL
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    In disbelief, friends describe quadruple murder suspect Kyle Flack as judgmental but loyal

    Kyle Flack didn’t make friends easily.

    He was quiet, lived in his own mind and struggled socially his whole life, relatives said. As a boy, he didn’t play with other kids, didn’t want to leave the house and eventually dropped out of high school.

    Later, his air of intolerance and judgment didn’t win him many friends, either.

    Most of the friends he did have were his older brother’s first, but relatives said Flack was extremely loyal to them.

    That’s why it’s so difficult for those close to Flack to believe he killed one of his lifelong friends, Andrew Stout, along with three others at Stout’s farm outside Ottawa in Franklin County, Kan.

    Authorities have charged Flack, 27, with rape and four counts of murder in connection with the quadruple killing, which was first discovered by some of Stout’s friends who went to check on him May 6.

    They found a body under a tarp in the garage, and authorities later found two bodies inside the home. Authorities identified the victims as Stout, 30; Stout’s girlfriend, Kaylie Bailey, 21, of Olathe; and Stout’s roommate, Steven E. White, 31.

    Emporia police found Bailey’s car and officers arrested Flack at a friend’s home in Emporia.

    Several days later, authorities found the body of Bailey’s 18-month-old daughter, Lana-Leigh Bailey, in Osage County, just west of Franklin County.

    The Kansas attorney general’s office recently announced it would take the lead on the case because prosecutors could seek the death penalty.

    Authorities have released few details about the case, including any specific evidence linking Flack to the crimes. That lack of information leaves close friends and relatives in disbelief.

    Flack told people he didn’t like White because he thought he wasn’t a “stand-up man,” so they could see Flack getting into a fight with White. And Flack had previously served time for attempted murder, so he was capable of violence. But relatives, co-workers and friends say Flack seemed to have an internal code that wasn’t consistent with the charges he now faces.

    They describe him as blunt, brutally honest and highly intolerant of people he deems lazy, unreliable or moochers. But they also say he is hard-working, good with kids and a stickler for morals and loyalty.

    “I’m not saying Kyle doesn’t know what happened or wasn’t there and saw it,” his mother, Tammy McCoy, told The Star. “... But he’d never hurt a child, or a woman or Andrew. Andrew was his boy.”

    McCoy talked to her son on the phone after his arrest, and she said he told her: “I never touched no baby. I never touched no woman. I ain’t never hurt no man that didn’t have it coming.”

    Hard working but judgmental

    As a child, Flack was noticeably different from his older brother, Brad, who excelled socially, McCoy said.

    “They were like day and night,” McCoy said.

    The family moved around Kansas, living in Ottawa, Coffeyville, Emporia — where Kyle attended high school — then back to Franklin County.

    Kyle’s introversion concerned McCoy, so she sought help from county mental health authorities. But they told her he was just lazy and needed to get a job, McCoy said.

    At 20, Flack went to prison for shooting another man in a disagreement. The victim’s relatives have called it a work dispute. But Flack told a friend it was a drug dispute, and he told a co-worker that the man “kept pushing” him so he shot him.

    While behind bars, he earned his GED and was diagnosed with Asperger’s syndrome and a personality disorder, McCoy said. A doctor put him on medication, but he decided he didn’t need it while he was still behind bars, McCoy said.

    After leaving prison in July 2009, Flack lived with his parents in Osage County. He was neat, orderly and posted a note on his bedroom door of all the things he needed to accomplish each day, including “brush teeth” and “shower.”

    Ottawa Sanitation Service, one of the few companies willing to hire felons, gave him a job, McCoy said. Claude Ferguson, vice president of the company, said Flack was strong, reliable, quick to pick up new tasks and very organized.

    “He took pride in being here and chewed out others who fell short,” Ferguson said. “If someone had a lame excuse for not being at work, he would say: ‘I was here. Why weren’t you?’”

    At work, Flack didn’t say much about himself, but he liked to talk with people he trusted about politics, government conspiracy theories, and Nordic and German history. He told one friend he liked the Germans because they were “strong and fought for their rights.”

    Eventually, Flack became bored with the monotony of the same route, and he asked Ferguson whether he could try others.

    Ferguson taught Flack how to repair trucks, which Flack enjoyed, he said. Flack would complete whatever assignment Ferguson doled out, and then “he’d put away all the tools and clean everything up,” Ferguson said. “He had good, old-time values that you don’t see a lot of anymore.”

    But after a few years, Flack stopped coming to work. Ferguson said he halfway expected it, because most employees, if they last past a few months, don’t stay longer than a few years. Still, when Flack started calling in with excuses for why he couldn’t come to work, Ferguson kept his position open for a few weeks because he was such a good worker. But Flack never returned.

    Despite not having a job, Flack still judged others who didn’t work, his mother said.

    He didn’t like people who he thought were shirking their duties as employees, citizens or fathers. Even his relatives fell under his harsh judgment. He didn’t get along with his brother and stepbrother because they fell short in his eyes, according to relatives and co-workers.

    Flack, who had wrecked his vehicle shortly before he quit his job, felt lost in unemployment, his mother said. He often talked about getting away from society and living in the woods like Grizzly Adams.

    Late last year, he agreed to go in for another mental evaluation, McCoy said, but the family couldn’t figure out how to pay for it.

    ‘Intimidation factor’

    Flack often intimidated people at first because he was quiet and didn’t show much emotion on his face, said Andrew Helm, who worked with Flack on the back of the trash truck for a year.

    Friends used this “intimidation factor” when they needed to clear a party, Helm said, including at Stout’s birthday party last year when people stuck around long after Stout wanted them gone.

    Recently, Flack had been trying to persuade White and another roommate to move out of Stout’s home, McCoy said, because Stout wanted them out but he didn’t like confrontations. Flack lived in the house part-time, too, McCoy said, but he was preparing to move out to make room for Bailey and her daughter.

    The week before the victims’ bodies were found, Stout, Bailey, her daughter and Flack attended a cookout at Helm’s home in Gardner. Helm has a photo that shows Flack sitting on a couch next to Stout and Bailey as they watched a movie.

    McCoy and her husband saw Flack, Bailey and Stout the next day when they went to pick up a truck they had loaned Stout.

    “Everybody was in a good mood,” said Michael McCoy, Kyle’s stepfather. “They were sitting around and laughing about how the baby had lost the keys to my truck. They found the keys just before we got there.”

    Stout told the McCoys he wouldn’t need their truck again until May 2, because Bailey could take him to work until then.

    But in the following days, Stout, Bailey and her daughter went missing.

    On May 3, Flack told his parents he was going to Kansas City to find work with a friend. His parents gave him $100 for personal hygiene products and cigarettes.

    He ended up in Emporia, where he was eventually arrested. When pressed about why Flack would leave town and what might have happened at Stout’s farm, his parents said Flack’s attorney told them not to discuss the details of the case.

    Stout was like a third son to Tammy McCoy. He had been best friends with her son Brad since second grade. After Stout was murdered, Brad, 30, died May 17 from heart problems.

    “It was terrible to lose Andrew,” she said. “I’m losing all my boys at once.”

    http://www.kansascity.com/2013/05/26...#storylink=cpy
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    Prosecutors seeking death penalty in quadruple homicide case

    Prosecutors Tuesday morning said they would seek the death penalty against Kyle T. Flack, 28, in a spring 2013 quadruple homicide at a rural home west of Ottawa, but he won’t face trial until fall 2015.

    Flack stood silent Tuesday during his arraignment in Franklin County District Court, 301 S. Main St., Ottawa. District Judge Eric W. Godderz, who is now presiding over the case, entered a plea of not guilty on Flack’s behalf.

    The state is seeking the death penalty on the capital murder charge leveled at Flack in the killing of Kaylie Bailey and her 18-month-old daughter, Lana Bailey. Flack also faces two charges of first-degree murder, which each carry a "Hard 50" sentence if convicted, in the killings of Andrew Stout and Steven White, as well as one count of criminal possession of a firearm.

    A new charge was added Tuesday morning — misdemeanor sexual battery. A charge of attempted rape was dismissed at Flack’s preliminary hearing in March.

    On Monday, one of Flack’s attorneys, Tim Frieden, filed a waiver to Flack’s right to a speedy trial. Judge Godderz set Flack’s trial date for 9 a.m. Sept. 21, 2015.

    http://ottawaherald.com/news/042214f....cuZbGxu9.dpuf
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    Flack attorneys want more time to prepare for evidence hearing

    By Steve Fry
    The Topeka Capital-Journal

    Attorneys defending Kyle Trevor Flack on capital murder and first-degree murder charges want more time to argue whether a judge should admit Flack's statements to police as evidence for jurors to hear.

    The motion seeking more time, filed Tuesday, is to be dealt with Friday during a motions hearing in Franklin County District Court. Judge Eric Godderz will hear the motion.

    In asking for more time, defense attorneys said they hadn't had "sufficient time" to review the statements and to research issues raised by prosecutors, and the defense investigation of the facts regarding these issues isn't done.

    On March 12, Flack, 28, was bound over on charges of the capital murder in the slayings of Kaylie Smith Bailey, 21, and her daughter, Lana-Leigh Bailey, 18 months; the premeditated first-degree murders of Andrew Adam Stout, 30, and Steven White, 31; and criminal possession of a firearm by a felon.

    Then-Franklin County District Court Judge Thomas Sachse dismissed one count of attempted rape of Kaylie Smith Bailey, saying there was insufficient evidence to bind him over. Sachse handled the Flack case until shortly before he retired May 9.

    The defense motion for more time apparently refers to an interview of Flack by Franklin County Sheriff's Detective Jeremi Thompson.

    Thompson and another detective were interviewing Flack after he was arrested several hours earlier at a friend’s apartment in Emporia.

    During the preliminary hearing in March, Thompson testified that about 23 minutes into the four-hour interview of Flack, the arrested man asked the detective whether the investigator thought Flack needed a lawyer.

    “He was asking my opinion,” Thompson said. Flack didn’t ask for an attorney, Thompson added.

    “I don’t give advice as a police officer,” Thompson testified. “I never have.”

    During the preliminary hearing, Sachse ruled Flack’s statement wasn’t an unequivocal request for an attorney. Several hours later, Flack did ask for an attorney, and Thompson said he ceased questioning.

    Sachse admitted the statements during the preliminary hearing but said Flack could seek an order to suppress Flack's statements during the jury trial.

    The victims were killed by shotgun blasts, witnesses testified.

    The toddler's body was found in a suitcase floating in a creek near the Osage-Franklin County line. The bodies of the adults were found in a modular home and barn in rural Franklin County west of Ottawa

    According to court records, Stout was killed April 29, White was killed between April 20 and 29, and the mother and daughter were killed May 1.

    Flack also is charged with a fifth count of misdemeanor sexual battery of Kaylie Bailey.

    During the preliminary hearing, Thompson testified Flack told him Stout was irritated with White, who had used drugs while living at the Stout home for about two years without paying rent. Stout had told White he had to pay rent or move out.

    Stout and White argued again about White’s lack of a job, and when White walked out of the house, Stout followed, picking up a shotgun, Thompson said.

    Inside a pole barn, Stout shot White in the chest, Thompson said. Flack then took the shotgun and fired a second shot, striking White, Thompson said Flack told detectives. Flack said White was still alive when he shot him the second time.

    “I shot him, he died,” Thompson quoted Flack as saying.

    Forensics experts linked a shotgun to Flack. The shotgun receiver was recovered May 8, 2013, from an Emporia transfer station handling garbage, where a backhoe operator spotted it.

    The shotgun's barrel and stock were missing, but the shotgun was loaded with ammunition, a witness testified.

    http://cjonline.com/news/2014-06-05/...idence-hearing

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    Flack appears in court on capital murder and first degree murder charges

    OTTAWA, Kan. — A man who faces the death penalty for a quadruple murder last year appeared in Franklin County Court Tuesday.

    Kyle Flack is charged with capital murder in the death of a mother and her 18-month-old daughter.

    Flack also faces two counts of first degree murder. He’s accused of also killing Andrew Stout and Steven White.

    In court Tuesday, Flack was represented by Tim Frieden of the Kansas Death Penalty Defense Unit.

    The 28-year-old man is accused of murdering and raping Kaylie Bailey and killing two other men, whose bodies were found on an Ottawa farm in the spring of 2013. Investigators also found the body of Bailey’s baby, Lana, nearby.

    Lawyers argued about whether statements concerning the crimes that Flack allegedly made to people other than law enforcement could be used against him.

    Flack has previously been convicted and served time in prison for attempted murder.

    In addition to the capital charges, Flack faces the so-called “Hard 50″ sentence if convicted on each of the two first degree murder counts. He also faces a charge of being a criminal in possession of a firearm.

    He scheduled to be back in court in February 2015.

    http://fox4kc.com/2014/11/25/flack-a...urder-charges/
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    Kansas judge to allow death penalty in Ottawa quadruple homicide case

    OTTAWA - A judge has ruled that prosecutors may seek the death penalty against a man accused in the 2013 deaths of four people at a Kansas farm, including an 18-month-old girl.

    Franklin County District Judge Eric Godderz ruled during a hearing Friday the death penalty will be allowed in the case against 29-year-old Kyle Flack of Ottawa. He is charged with murder and rape after two men, a woman and her daughter were found dead near Ottawa. Flack has pleaded not guilty.

    Flack’s attorney argued the death penalty should be banned because of “evolving standards of decency,” noting that 120 countries have rejected the punishment.

    Godderz said his court is bound to follow precedent in Kansas and the U.S., which allow the death penalty.

    http://www.kansas.com/news/local/cri...le9399626.html

    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Kyle Flack capital murder case: Jury selection about half done in Franklin County District Court

    Jury selection in the capital murder trial of defendant Kyle Trevor Flack, who is charged with killing four people, was halfway complete Tuesday.

    Beginning Feb. 1, six prospective jurors filed into Franklin County District Court in Ottawa during the morning court session, then in the afternoon session, to be questioned by prosecutors and defense attorneys.

    The questioning will continue through Friday this week and is expected to continue a day or two next week, court administrator John Steelman said Tuesday.

    After prosecutors and defense attorneys conduct the process that results in choosing 12 jurors and four alternate jurors, the two sides will make opening statements.

    As of Tuesday, opening statements were scheduled for Feb. 17.

    The Franklin County District Court mailed a summons to 600 county residents, and of that number, about 350 showed up to fill out jury questionnaires, Steelman said.

    District Judge Eric W. Godderz and prosecution and defense attorneys whittled down that number to 136 prospective jurors, Steelman said. Some were eliminated because they no longer lived in the judicial district, and some had medical issues.

    Flack, 30, is charged with capital murder in the slayings of Kaylie Smith Bailey, 21, and her daughter, Lana-Leigh Bailey, 18 months; two counts of premeditated first-degree murder of Andrew A. Stout, 30, and Steven White, 31; and criminal possession of a firearm by a felon. The four were killed between April 20 and May 1, 2013.

    If convicted of capital murder, Flack could face the death penalty.

    In Kansas, juries hearing death penalty cases first decide whether to convict or acquit the defendant.

    If the defendant is convicted, jurors then resume deliberations to decide whether to recommend the death penalty or a life sentence without parole to the judge.

    http://cjonline.com/news/2016-02-09/...ranklin-county
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