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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