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Thread: Kyle Trevor Flack - Kansas Death Row

  1. #11
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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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  2. #12
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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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  3. #13
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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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  4. #14
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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

  5. #15
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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/
    "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.”
    - Rowan Atkinson

  6. #16
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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.”
    - Rowan Atkinson

  7. #17
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    In Flack capital murder case, court documents sealed outstrip documents open to public

    The tally of court documents that are sealed from public view in a quadruple murder case in Franklin County District Court outnumber the documents open to the public.

    As of April 8, 60 court documents had been sealed, a court spokesman was quoted as saying at that time. On Friday, a total of 49 were public, according to an online court site for the Flack case.

    Maxwell Kautsch, a Lawrence attorney representing the Ottawa Herald newspaper, is challenging the sealing of the court records.

    Kyle Trevor Flack, 29, was bound over March 12, 2014, on charges of 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.

    On April 8, John Steelman, court administrator for the 4th Judicial District, was quoted as saying 60 court documents had been sealed.

    The documents were closed to the public by District Court Judges Thomas Sachse and Eric Godderz. Sachse retired in 2014, then Godderz took over the case. As of April 8, Godderz had sealed 27 records and before that, Sachse had sealed 33 records. On Friday, it couldn’t be determined how many court documents have been sealed since April 8.

    The 4th Judicial District encompasses the counties of Franklin, Osage, Anderson and Coffey.

    Saying the Franklin County District Court had failed to justify sealing court records in a quadruple murder case, the Ottawa Herald newspaper filed a motion on May 19 seeking a court order:

    ■ To block the sealing of more records.

    ■ To open records earlier sealed.

    ■ To hear future requests to seal documents in open court preceded by a notice to the Ottawa Herald so that it might be heard on the request.

    “Continuing the seal of the records risks breeding suspicion, distrust and cynicism,” Kautsch wrote in the court filing, and he will argue it in Franklin County District Court on June 9.

    The Ottawa Herald “submits that the only way to truly protect the integrity of the proceedings is to return to the presumption of openness mandated by law.”

    The Kahler case

    In an interview with a Capital-Journal reporter this week, Kautsch noted that during the 2011 capital murder case of James Kraig Kahler in neighboring Osage county, court records weren’t sealed.

    Kahler, of Meriden and earlier of Columbia, Mo., was sentenced to death for the killings of his estranged wife, their daughters, 18 and 16, and his wife's grandmother, 89. The four victims were shot on Nov. 28, 2009.

    Kahler, now 52, was sentenced on Oct. 11, 2011, in the Osage County Courthouse in Lyndon. He also was sentenced to 31 to 34 months for a conviction of aggravated burglary for breaking into the grandmother’s home in Burlingame.

    The fact the Kahler trial was conducted in a neighboring jurisdiction without sealing court records shows “you don't need to seal any records,” Kautsch said.

    The Kahler case “is an extremely parallel situation,” Kautsch said.

    Kautsch: Rulings support openness

    In Kautsch’s filing in the Flack case, he pointed to Kansas Supreme Court rulings that support open court proceedings and open court records.

    “Beginning with Kansas City Star v. Fossey (a 1981 case), the Kansas Supreme Court has long recognized ‘a strong presumption in favor of open, judicial proceedings and free access to records in a criminal case,’” Kautsch wrote.

    A trial judge can close a preliminary hearing, bail hearing or any other pretrial hearing and seal a record only if dissemination of information from the proceeding and its record would “create a clear and present danger to the fairness of the trial” and the prejudicial effect of such information on the fairness of the trial can’t be avoided by any “reasonable alternative means,” Kautsch quoted Fossey as saying.

    Kansas Supreme Court decisions in Fossey and other cases “and elsewhere reflect a widely recognized public right to know about judicial matters, including a common law right of access to court records,” Kautsch wrote.

    “High-profile cases on both a national and state level have demonstrated that it is possible to impanel an unbiased jury even in the light of pretrial publicity well beyond the scope of publicity in this case,” Kautsch wrote.

    “The Kansas Supreme Court has been extremely consistent in finding that pre-trial publicity did not prevent fair trials,” Kautsch wrote.

    The Carr case

    In the Carr brothers case, the Kansas Supreme Court found that political billboards identified the alleged killer, and that was insufficient to rise to the level to necessitate a change of venue due to publicity, Kautsch said.

    Brothers Jonathan and Reginald Carr were charged and convicted in the killings of four people in December 2000 in Wichita.

    In July 2014, the Kansas Supreme Court overturned death penalty sentences for the Carrs based on other factors.

    “Fears that pretrial publicity (in the Flack case) would taint the jury pool are just unfounded,” Kautsch said.

    The Franklin County District Court must consider alternatives to sealing court records, Kautsch said, noting the Fossey and other Kansas Supreme Court rulings.

    Early in the Flack case, a prosecutor filed a motion on July 1, 2013, seeking to seal all pleadings in the case.

    Sachse, the judge at that time, ruled that rather than issuing a blanket order to seal all filed documents, he would rule on an individual basis whether to seal a document.

    Flack’s trial is scheduled to start on Sept. 21, 2015.

    http://m.cjonline.com/news/2015-05-3...blic#gsc.tab=0

  8. #18
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    Trial postponed in Kansas quadruple homicide

    OTTAWA, Kan. (AP) -- The capital murder trial has been postponed for a 30-year-old Kansas man accused of killing four people.

    The Topeka Capital-Journal reports that Franklin County District Judge Eric Godderz on Thursday granted a defense request postponing Kyle Trevor Flack's murder trial from September 2015 to February, 22, 2016.

    Flack is charged with capital murder in the 2013 slayings of 21-year-old Kaylie Smith Bailey, and her daughter, 18-month-old Lana-Leigh Bailey. He's also charged with premeditated first-degree murder in the deaths of 20-year-old Andrew Stout and 31-year-old Steven White.

    Defense attorneys on Thursday gave several reasons for seeking the postponement, including the resignation of Ron Evans as head of the death penalty defense unit, a state-funded group that represents indigent defendants in capital cases.

    Timothy Frieden is now Flack's lead defense attorney.

    http://www.kake.com/news/crimetracke...315979881.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.”
    - Rowan Atkinson

  9. #19
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    Defense for Kyle Flack, Franklin County man accused of killing four people, asks judge to move trial

    The defense team representing capital murder defendant Kyle Trevor Flack on Thursday again asked a Franklin County District Court judge to move their client’s case outside Franklin County.

    Flack, 30, was bound over March 12, 2014, on charges of capital murder in the 2013 slayings of Kaylie Smith Bailey, 21, and her daughter, Lana-Leigh Bailey, 18 months; the premeditated first-degree murders of Andrew A. Stout, 30, and Steven White, 31; and criminal possession of a firearm by a felon.

    According to Franklin County court records, Stout was killed April 29; White was killed between April 20 and 29; and the mother and daughter were killed May 1. If convicted of capital murder, Flack could be sentenced to death.

    Shirley K. Drew, a Pittsburg State University professor who holds a doctorate in communications, testified Thursday before District Court Judge Eric Godderz.

    Defense attorneys didn’t specifically say they were seeking to move the trial to Wyandotte County.

    However, all of Drew’s testimony dealt with a survey of 363 Wyandotte County residents about what they knew of the four-victim slaying in Franklin County.

    The survey showed that with up to two reminders of about what the case was about, 52.9 percent of the Wyandotte County residents knew something about the Flack case.

    By comparison, a survey of Franklin County residents showed that with up to two reminders, 93 percent of the Franklin County residents knew something about the case.

    Godderz said he would read the survey, consider the defense request to move the trial, and issue his decision at the Sept. 29 hearing for Flack.

    On July 16, Godderz rescheduled the beginning of the trial for Flack to Feb. 22, 2016.

    In granting the continuance, Godderz said the resignation of Ron Evans as the head of the death penalty defense unit was the main reason for his ruling. DPDU is a state-funded group that represents indigent defendants in capital cases.

    http://cjonline.com/news/2015-08-20/...sks-judge-move
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #20
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    600 Kansas residents to be summoned for capital murder trial

    OTTAWA, Kan. (AP) — Hundreds of Franklin County residents are expected to receive jury summonses for the capital murder trial of a man accused of killing four people.

    Kyle Trevor Flack's trial is scheduled to begin Feb. 1, 2016. He's charged with capital murder in the 2013 slayings of 21-year-old Kaylie Smith Bailey and her daughter, 18-month-old Lana-Leigh Bailey. He's also charged with premeditated first-degree murder in the deaths of 30-year-old Andrew A. Stout, and 31-year-old Steven White.

    The Topeka Capital-Journal reports that summonses for 600 Franklin County citizens are expected to be mailed next week. Questioning of the possible jurors will start Feb. 1 and is expected to last 12 days.

    Also Tuesday, a Franklin County judge granted prosecutors permission to show jurors security video clips depicting three of the victims.

    http://www.kake.com/news/crimetracke...353202051.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.”
    - Rowan Atkinson

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