Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294

    Death Penalty Trial Set for Kyle Flack in 2013 KS Quadruple Murder


    Steven White, 31, Andrew Stout, 30,
    Kaylie Bailey, 21, 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
    A uninformed opponent is a dangerous opponent.

  2. #2
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    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
    A uninformed opponent is a dangerous opponent.

  3. #3
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294

    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.”

    Read more here: http://www.kansascity.com/2013/05/26...#storylink=cpy
    A uninformed opponent is a dangerous opponent.

  4. #4
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Baby’s body officially ID’d

    The body of an 18-month-old victim in a quadruple homicide two months ago in rural Ottawa officially has been positively identified as Lana Bailey.

    The Kansas Attorney General’s Office confirmed for The Herald Friday morning that a medical examiner’s report positively identified the child. The confirmation came about 72 hours before her accused killer, Kyle T. Flack, 28, is due to appear 1:15 p.m. Monday in Franklin County District Court, 301 S. Main St., Ottawa.

    http://ottawaherald.com/news/070613Baby
    A uninformed opponent is a dangerous opponent.

  5. #5
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Quadruple murder case in Ottawa expected to go on into 2014; prosecutors ask for DNA testing

    A Franklin County judge refused today to seal all documents in a May quadruple-murder case and set the course for a long trial process that will continue into 2014.

    Franklin County District Judge Thomas H. Sachse is hearing the case of Kyle T. Flack, 27, of Ottawa, who appeared in Franklin County District Court charged in the killings of three adults and one 18-month-old child earlier this year in rural Ottawa.

    Sachse set a schedule of pretrial hearings that will stretch for more than seven months and said that some, but not necessarily all, of the documents filed by attorneys could be sealed from public view. The judge said he will issue a ruling later this week on whether prosecutors can order DNA testing that might destroy several potential pieces of evidence in the case.

    Flack faces charges of capital murder, first-degree murder, rape and criminal possession of a firearm in the deaths of Andrew Adam Stout, 30, and Steven Eugene White, 31, Kaylie Kathleen Bailey, 21, and Bailey’s 18-month-old daughter, Lana-Leigh. The three adults were found on May 6 and May 7 in and around a house at 3197 Georgia Road, about five miles west of Ottawa. The child's body was found days later in rural Osage County.

    Many who knew the victims were in the courtroom to hear the proceedings, including Andrew Helm, who was a longtime friend of both Stout and Flack. He said it was still difficult for him to understand the killings. “It still just doesn’t seem real,” Helm said. “It was just a couple of months ago.”

    Flack said almost nothing during the hearing today, except to confer with his attorney. He previously served four years in prison for attempted murder in another case and remains in Franklin County Jail in lieu of posting a $10 million bond.

    Before today’s hearing, prosecutors had asked the judge to seal all future court filings for the next several months, shielding them from public view. Preventing more details of the murder case from becoming public would forestall any claims by the defense that Flack could not have a fair trial in Franklin County, or an attempt to move the trial elsewhere, said Victor J. Braden, Deputy Attorney General for Kansas, who is leading the prosecution. “The state has a vested interest in keeping the case in Franklin County,” he said.

    Flack’s court-appointed attorney, Ron Evans, head of the Kansas Death Penalty Defense Unit in Topeka, said he agreed with that request.

    But the judge did not agree, saying a blanket order sealing all relevant court documents would be too much. Instead, Sachse said, each pleading filed with the court would be considered separately, to either be sealed or made public.

    In a separate motion, prosecutors asked the judge to order DNA testing at a Johnson County crime lab on 13 potential pieces of evidence in the case. The items were not described publicly, but Franklin County Attorney Stephen Hunting, also part of the prosecution, said some of them could be destroyed by the act of testing.

    Evans, the defense attorney, said he would object to any testing that would leave nothing for the defense to independently inspect.

    Sachse said he would issue a decision on the DNA testing later this week. Flack is scheduled to again appear in court on Aug. 29 for another pretrial hearing. Three more of those hearings are scheduled before prosecutors present evidence in the case at a preliminary hearing on Feb. 24.

    http://www2.ljworld.com/news/2013/ju...-go-2014-pros/
    A uninformed opponent is a dangerous opponent.

  6. #6
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Franklin County judge OKs DNA testing on items collected in Flack case



    DNA collected during the investigation of four slaying victims whose bodies were found in Franklin County in May can be tested at a crime lab, a Franklin County District Court judge ruled earlier this week.

    But details about the DNA testing in the case of Kyle Trevor Flack, who is charged with capital murder in the case, aren't available because District Judge Thomas Sachse sealed the order.

    Issued on Monday, the order says only "Order Granting State's Motion to Perform DNA Testing with Conditions (Sealed)." The order was posted on the Fourth Judicial District website. Franklin County is one of four counties in the Fourth Judicial District.

    During a hearing on July 8, prosecutors asked Sachse to order that 13 potential pieces of unspecified evidence in the case be undergo DNA testing. At that time, Franklin County Attorney Stephen Hunting said some items could be destroyed during the testing.

    Defense attorney Ron Evans objected to testing that wouldn't leave anything for the defense to test independently.

    A week earlier on July 1, deputy attorney general Victor Braden, a co-prosecutor in the Flack case, filed a motion asking the judge to seal all pleadings in the Flack case.

    "Due to the nature of this case and the intense media interest exhibited to this point, the state requests that all pleadings be sealed," Braden wrote in the four-page motion.

    Citing a Kansas statute, Braden said good cause to seal records doesn't exist unless the judge finds there exists an identified "public or private harm that predominates the case and such interest or harm outweighs the strong public interest in access to the court record and proceedings."

    On July 8, Sachse said he would rule on sealing the documents on an individual basis as they were filed rather than seal all motions, John Steelman said July 26.

    Steelman is court administrator for the Fourth Judicial District, which has four counties, including Franklin County.

    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 toddler, Lana-Leigh Bailey, was found in neighboring 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 is next to appear in Franklin County District Court on Aug. 29. Flack's two-day preliminary hearing is scheduled to start at 9 a.m. Feb. 24.

    All hearings will be at the Franklin County courthouse in Ottawa.

    http://cjonline.com/news/2013-08-01/...ted-flack-case
    A uninformed opponent is a dangerous opponent.

  7. #7
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Few motions filed in Franklin Co. capital murder case



    Two days before a status hearing in the case of capital murder defendant Kyle Trevor Flack in Franklin County District Court, few motions have been filed, a court spokesman said Tuesday.

    The bodies of Kaylie Bailey, 21, of Olathe, and two men — Steven White, 31, and Andrew Adam Stout, 30 — were discovered May 6 and 7 at a farm at 3197 Georgia Road in Franklin County. 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 Lana-Leigh Bailey, the 18-month-old daughter of Bailey, was found in neighboring Osage County on May 11. Flack was apprehended at 2:30 a.m. May 8 in Emporia on an Osage County warrant.

    John Steelman, court administrator for the 4th Judicial District, which includes Franklin County, said Tuesday only one new document may have been filed in the case.

    Following a ruling made earlier in the case by Franklin County District Court Judge Thomas Sachse, the judge will examine the document to determine whether it will be sealed from the public or open to the public, Steelman said.

    Deputy attorney general and co-prosecutor Victor Braden, of the Kansas Attorney General's Office, requested that all documents be sealed, and defense attorney Ron Evans agreed to it. Evans is chief of the state Death Penalty Defense Unit.

    Sachse didn't grant the request to seal all documents but said he would examine each motion, then decide whether to seal it.

    Flack, 28, is charged with:

    ■ Capital murder in the slayings of more than one person between April 28 and May 6 of Andrew Adam Stout, Kaylie Bailey and Lana-Leigh Bailey, 18 months old.

    ■ 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.

    Two hours has been set aside for Thursday’s hearing, Steelman said.

    Since charges were filed May 10, the only disclosed motions filed in the case was the one to seal all pleadings and a prosecution motion seeking to perform DNA testing on evidence.

    On July 29, the judge granted the DNA motion.

    It is unknown whether the third document referred to by Steelman on Tuesday is a motion.

    The last filing in the case was made Aug. 1 to list scheduling dates of scheduling conferences, according to the website established by the Franklin County District Court.

    Due to the gravity of the death penalty in a capital case, large numbers of motions normally are filed before trial in capital murder cases, especially by defense attorneys who challenge the constitutionality of the death penalty and other aspects of the case.

    For example, in Shawnee County District Court, defense attorneys representing Phillip D. Cheatham II in the retrial of a death penalty case had filed 47 motions as of Tuesday, and the prosecution had filed about five, including one asking the judge to uphold prosecution motions that were granted in the first trial in 2005.

    Cheatham, 40, is charged with capital murder in the slayings of two women on Dec. 13, 2003, as well as the wounding of a third woman.

    http://cjonline.com/news/2013-08-27/...ranklin-county
    A uninformed opponent is a dangerous opponent.

  8. #8
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Prosecutors seek mental health and prison records in quadruple-murder case, defense says

    State prosecutors are seeking mental health and prison records of an Ottawa man accused of killing three adults and an 18-month-old child in rural Franklin County earlier this year, according to the defense attorney in the case.

    Kyle T. Flack, 28, appeared in Franklin County District Court for a brief hearing today. The subpoenas and a rescheduling of the next hearing in the case were the only matters discussed in a hearing that lasted less than three minutes.

    Flack, who wore a thick beard and short hair, is charged with capital murder, first-degree murder, rape and criminal possession of a firearm in the deaths of Andrew Adam Stout, 30, Steven Eugene White, 31, Kaylie Kathleen Bailey, 21, and Bailey’s 18-month-old daughter, Lana-Leigh.

    Prosecutors today filed subpoenas under seal for undisclosed business records. But defense attorney Ron Evans, head of the Kansas Death Penalty Defense Unit, told the Journal-World he understood those to be Flack’s mental health and prison records. Meanwhile, a spokesman for the state's attorney general's office said on Thursday the state would not make public comments about motions filed under seal.

    Flack previously served four years in prison for attempted murder in another case. He is being held in the Franklin County Jail in lieu of a $10 million bond.

    Deputy Attorney General Victor J. Braden is leading the prosecution in the case. Franklin County Attorney Stephen Hunting is also participating.

    In July, Franklin County District Judge Thomas H. Sachse ruled that parties were free to file individual motions under seal, but refused to issue a blanket seal.

    Later that month, Sachse ordered that DNA testing could go forward on 13 items the could be introduced as evidence at a trial, which is expected to take place early next year. Those items, however, have not been described publicly, and the order for DNA testing was sealed by the court.

    The defense has until Oct. 31 to file a response to today's motions by prosecutors. Sachse said parties will next meet Nov. 26. Another hearing hearing is scheduled for Jan. 14. A two-day preliminary hearing is scheduled for March 11 - 12.

    Flack could face the death penalty for the murders that occurred in late April and early May. Bodies of the three adults were found May 6 and May 7 on a property at 3197 Georgia Road, about five miles west of Ottawa. Lana-Leigh’s body was found days later in rural Osage County.

    http://www2.ljworld.com/news/2013/oc...e-murder-case/
    A uninformed opponent is a dangerous opponent.

  9. #9
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Judge OKs more DNA testing in quadruple homicide case

    The DNA testing of undisclosed items that could be introduced as evidence in a quadruple homicide is moving forward. Franklin County District Judge Thomas H. Sachse granted prosecutors’ motion to conduct consumptive DNA testing on the items in the capital murder case against Kyle T. Flack, 28, Ottawa, who has been charged in connection with the murder of three adults and an 18-month-old girl in early May. If convicted, he could face the death penalty.

    The three adult bodies were found May 6 and May 7 at a residence at 3197 Georgia Road, west of Ottawa. The infant’s body was discovered about dusk May 11 in Osage County by an Osage County Sheriff’s deputy.

    Flack was arrested by Franklin County Sheriff’s officers May 9 after being apprehended in Emporia.

    The prosecution team of Victor Braden, deputy attorney general for the state of Kansas, Stephen Hunting, Franklin County attorney, and James Ward, assistant Franklin County attorney, requested the consumptive DNA testing in a Nov. 22 motion. Details about the items have not been released, and the court has sealed the order for DNA testing.

    Before Sachse issued his ruling at Friday’s status conference, Ronald Evans, Flack’s court-appointed attorney, argued that granting consumptive DNA testing — which could destroy the evidence and prevent the defense’s forensics experts from conducting additional testing — denied Flack of his rights under the state and U.S. constitutions.

    “Consumptive testing denies Mr. Flack the right to inspect the evidence,” Evans, head of the Kansas Death Penalty Defense Unit in Topeka, said. “Mr. Flack has the right [afforded by the constitution] to confront the evidence.”

    Evans said if the testing is granted he later would argue that the evidence should be inadmissible in court because Flack was denied his rights under the constitution.

    Sachse took Evans objections under advisement and granted the prosecution’s motion to conduct the tests. The judge issued a similar ruling in July that allowed prosecutors to conduct consumptive DNA testing of 13 undisclosed items. Evans also objected to that motion, based on the same argument.

    Flack has been charged with two counts of capital murder, four counts of first-degree murder, rape and criminal possession of a firearm in the deaths of Steven White, 31, Andrew Stout, 30, Kaylie Bailey, 21, and her 18-month-old daughter, Lana Bailey. Authorities have not released details about their deaths, but have said a gun was used in the commission of the crimes.

    Flack remains in Franklin County Jail, 305 S. Main St., Ottawa, on $10 million bond. His next status conference is scheduled for 10 a.m. Jan. 16 in Franklin County District Court.

    - See more at: http://ottawaherald.com/news/122013f....kYvTUxcF.dpuf
    A uninformed opponent is a dangerous opponent.

  10. #10
    Administrator
    Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    28,294
    Prosecutors seeking Hard 50 sentences in Franklin County quadruple murder case

    Prosecutors have announced plans to pursue a Hard 50 sentence for two first-degree murder charges against an Ottawa man accused of killing four people in rural Franklin County last year.

    Franklin County Attorney Stephen Hunting filed an amended complaint on Feb. 21 in which plans to pursue a Hard 50 sentence for two counts of first-degree murder against Kyle Trevor Flack were laid out.

    Flack was arrested in May and is accused of killing Andrew Adam Stout, 30; Steven Eugene White, 31; Kaylie Kathleen Bailey, 21; and Bailey’s 18-month-old daughter, Lana-Leigh, between April 20 and May 1.

    The amended complaint also still includes the charge of capital murder, alleging that Flack killed Kaylie Bailey and Lana-Leigh Bailey “in two or more acts connected together” on May 1.

    The two first-degree murder charges stem from the killings of White, alleged to have occurred between April 20 and April 29, and Stout on April 29. Both charges reference Flack’s prior conviction of attempted second-degree murder, for which he served four years in prison for the 2005 shooting of Ottawa resident Steven Dale Free. Prior to Flack confronting Free and shooting him five times at his home, Free had fired Flack from a job helping him with handyman work.

    Flack is also still being charged with criminal possession of a firearm, but a previous rape charge has been reduced to attempted rape in the state’s amended complaint. The new charge filed by Hunting alleges that on May 1, Flack bound and gagged Kaylie Bailey before Flack either failed or was prevented from carrying out the rape.

    Deputy Attorney General Victor J. Braden is leading the prosecution in the case, alongside Hunting and Deputy County Attorney James T. Ward. The defense is being led by Ron Evans, who heads the Kansas Death Penalty Defense Unit in Topeka.

    Flack is being held in Franklin County on a $1 million bond and will return to court for a two-day preliminary hearing set to begin on March 11. An additional evidentiary hearing will be heard just before the first day of the preliminary hearing. The evidentiary hearing was previously scheduled for Feb. 13 and was to be closed to the public, but on Jan. 30 prosecutors withdrew their request to close the hearing and moved to continue it to March 11.

    The state also moved to endorse an additional 829 witnesses in the case in January. In the new complaint filed last month, 39 total witnesses are named.

    http://www2.ljworld.com/news/2014/ma...-franklin-cou/
    A uninformed opponent is a dangerous opponent.

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •