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Thread: Kyle Trevor Flack - Kansas Death Row

  1. #31
    Administrator Heidi's Avatar
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    State rests in Flack trial

    Closing statements coming Wednesday in murder case

    On trial for his life, Kyle Flack accepted a single Life Saver candy from his defense attorney during a break Monday.

    Moments later, the prosecution rested its 11-day case against Flack in Franklin County District Court.

    When the court turned it over to the 30-year-old defendant’s attorneys, they didn’t call any witnesses, nor did he testify.

    Flack has pleaded not guilty to the 2013 shotgun slayings of four people in rural Ottawa. He is charged with capital murder in the deaths of Kaylie Smith Bailey, 21, and her 18-month-old daughter, Lana Bailey. He also is charged with premeditated first-degree murder in the deaths of Andrew Stout, 30, and Steven White, 31, criminal possession of a firearm and misdemeanor sexual battery against Kaylie Bailey.

    If jurors find him guilty on the murder charges after deliberations, they would then decide whether he should be sentenced to death for capital murder in addition to life in prison with no chance of parole for 50 years.

    Prosecutors — Stephen Hunting, Franklin County attorney, and Victor Braden, deputy Kansas attorney general — introduced nearly 100 witnesses and presented more than 550 exhibits during the first two-weeks of the trial, aiming to prove beyond a reasonable doubt that Flack murdered the four people at 3197 Georgia Road, west of Ottawa.

    Testimony came from Flack’s parents, family members and friends of the victims, law enforcement agents, crime scene investigators, an entomologist expert who studied maggot activity, the coroner who performed the autopsies, forensic scientists, blood spatter experts and a geologist with the FBI.

    Exhibits included photos of the bodies, Flack’s belongings recovered in Emporia, articles of clothing, ammunition components, receipts, phone records, surveillance videos and even interviews with Flack on the day he was detained.

    Flack’s defense attorneys — Timothy Frieden and Maban Wright, both with Kansas’ Death Penalty Defense Unit — aimed to poke holes in the prosecution’s case during cross examination by questioning witnesses about reported drug activity at the Georgia Road residence where three of the bodies were found, as well as unidentified markers of DNA found on Kaylie Bailey and the shotgun said to have been used in the killings.

    With the jury momentarily out of the courtroom Monday, Frieden requested the two premeditated first-degree murder charges be merged as “one, large pack” with the capital murder charge.

    District Court Judge Eric W. Godderz denied the request, noting that there was a time period between the killings and specific reasons for the separate charges.

    Godderz also denied the defense’s motion for judgement of acquittal, as well as renewed motions for change of venue, exclusion of Flack’s interview statements to law enforcement agents, exclusion of certain witness statements and exclusion of various evidence.

    Closing statements are scheduled to begin 9 a.m. Wednesday, after Wright requested additional time to prepare statements.

    http://cjonline.com/news/2016-03-21/...ts-flack-trial
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  2. #32
    Administrator Helen's Avatar
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    Kansas man guilty of capital murder in quadruple homicide

    OTTAWA, Kan. (AP) — Jurors convicted an eastern Kansas man on Wednesday in the fatal 2013 shootings of three adults and an 18-month-old girl whose body was found in a suitcase in a rural creek.

    Kyle Flack, 30, was found guilty of capital murder in the deaths of Kaylie Bailey and her toddler daughter, Lana, meaning he could face the death penalty when sentenced next week, according to Franklin County District Court Administrator John Steelman.

    Flack also was convicted in the deaths of Bailey's boyfriend, Andrew Stout, and his roommate, Steven White, who lived in a rural farmhouse where Flack sometimes stayed in Ottawa, about 50 miles southwest of Kansas City.

    It's unclear what led to the shootings, which detectives believe happened on separate days in the spring of 2013. Investigators said Flack told detectives that two drug dealers may have been involved, but detectives determined those people didn't exist.

    Authorities also say he indicated Stout killed White during a dispute over rent, but that the interview ended after Flack asked for an attorney.

    The defense called no witnesses during the trial. Jurors began deliberating Wednesday morning.

    Prosecutors said investigators believe White was killed first, around April 20, 2013. The 31-year-old's body was later found under a tarp in an outbuilding near the farmhouse. Authorities believe Stout, 30, was shot on April 29; his body was found in his bedroom under a pile of clothes, the Kansas City Star reported.

    Investigators said Bailey's body also was found in a bedroom, partially clothed with her hands bound behind her back. Investigators believe the 21-year-old mother and her daughter were killed on May 1, 2013.

    The adults' bodies were found about a week later at the farm. Search crews found the child's body in a suitcase floating in the Tequa Creek about a week later, the newspaper reported.

    Prosecutors presented two weeks of testimony from dozens of witnesses and hundreds of exhibits during the trial.

    http://www.theet.com/web_exclusive/u...ac08dca79.html
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  3. #33
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Prosecutor recommends death penalty for Kyle Flack's 'wicked, shockingly evil and vile' murders

    Jurors will decide between death penalty or life in prison

    OTTAWA — The lead defense attorney representing Kyle Trevor Flack urged jurors to recommend a life without parole sentence for the defendant he described as not “the monster you’ve heard.”

    Timothy Friedman the lead defense attorney, told jurors in his opening statement during the sentencing phase of the case, that Flack is quiet, intelligent, humorous and caring, according to the people who know him.

    Friedman told jurors they would hear about four areas in his client’s background including the years he was growing up, his mental health problems, his ability to adapt to a prison environment and statements from witnesses who know him.

    Friedman said that Flack was a product of chaotic and unstructured environment as he was growing up. Flack was the product of the rape of his mother and he grew up in a house in which his grandfather was a mean drunk and a motorcycle gang member. Flack was sexually abused by a man his mother was dating at one time and his family moved constantly, Friedman said, adding that he attended four different kindergartens. Friedman also noted that you either learn empathy and remorse at a very young age or you do not learn it.

    Friedman also said Flack suffers depression, social anxiety and schizo disaffective disorder.

    Testimony by defense witnesses will resume at 1:30 p.m. following the lunch break.

    A Franklin County jury learned Monday morning it would hear testimony on whether to sentence Kyle T. Flack to life in prison or to impose the death penalty.

    Flack was convicted last week of capital murder, two counts of murder, and criminal possession of a firearm, all related to the shooting deaths of four people, including an 18-month-old toddler.

    Senior assistant attorney general Vic Braden told jurors the prosecution would present three aggravating circumstances to justify the death penalty:

    ■ Flack was convicted of attempted second-degree murder in the May 2, 2005, shooting of another man.

    ■ Flack killed more than one person: Kaylie Bailey, 21, and her 18-month-old daughter, Lana.

    ■ The killings of mother and daughter were done in an “especially heinous, atrocious or cruel manner,” Braden said, and what Flack did was “extremely wicked, shockingly evil and vile.”

    http://cjonline.com/news/2016-03-28/...-evil-and-vile

  4. #34
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    Edited

    Jurors now deliberating: Life or death for convicted killer?

    Jurors are in the midst of deciding whether Kyle Flack should get the death penalty or spend his life in prison.

    Once they reach a consensus, their recommendation will be passed on to Judge Eric W. Godderz, who will make the final ruling in Franklin County District Court, 301 S. Main St., Ottawa.

    http://www.ottawaherald.com/news/dai...2b3e20cd1.html
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  5. #35
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    Convicted killer taunts prosecutors after death penalty recommendation

    Before blowing a kiss to the prosecution, Kyle Flack offered a few parting words.

    “It’s been fun,” Flack said, as he was handcuffed.

    Moments earlier Thursday morning, Franklin County jurors recommended Judge Eric W. Godderz sentence the 30-year-old Ottawa man to the death penalty for the 2013 killings of Kaylie Bailey, 21, and her 18-month-old daughter, Lana, for which he was convicted last week.

    Flack also was convicted last week of second degree murder for the killing of Andrew Stout, 30; first degree murder for the killing of Steven White, 31; and criminal possession of a firearm.

    Family members of the victims cried Thursday morning in the courtroom, embracing prosecutors Victor Braden, deputy Kansas attorney general, and Stephen Hunting, Franklin County attorney.

    Flack’s mother, Tammy McCoy, and step-father, Michael McCoy, held hands and wept in the seats behind their son.

    One juror dabbed her eyes with a tissue.

    The jurors’ decision on the death penalty is not final. Responsibility for sentencing ultimately falls to Judge Godderz, who is expected to take the jury’s recommendation under advisement before making a ruling 9 a.m. May 18 in Franklin County District Court, 301 S. Main St., Ottawa.

    Thursday’s sentencing follows a nearly three-week jury trial that began March 7 and delved into the events that led to the discovery of three adult bodies at a rural Ottawa home at 3197 Georgia Road in May 2013. The body of the fourth victim, Lana Bailey, was found days later tucked in a suitcase in an Osage County creek.

    Flack’s defense team presented three days of testimony on mitigating factors — such as testimony about the 30-year-old’s unstable upbringing and extensive mental health history — in an effort to win a life sentence rather than the death penalty.

    If the prosecution had not sought the death penalty on the capital murder charge in the killings of the Baileys, life imprisonment would have been the presumed sentence by law, the defense said previously.

    The prosecution’s threefold grounds for the death penalty included Flack’s 2005 conviction in a previous violent crime, knowingly or purposely killing the Baileys, and killing Kaylie Bailey in a “wicked, shockingly evil and vile manner.”

    Jurors agreed two of three aggravating factors — killing mother and child and killing heinously — outweighed Flack’s broken past.

    http://www.ottawaherald.com/news/loc...9d3645436.html
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  6. #36
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    Kyle Flack, who killed 3 adults and a toddler, sentenced to the death penalty in Kansas capital murder case

    Franklin County District Court Judge Eric Godderz on Wednesday morning imposed the death penalty on Kyle Trevor Flack in the shotgun slaying of a young mother and her 18-month-old in 2013.

    The judge also sentenced Flack to 22 years and three months for the second-degree murder conviction of one man, and a life sentence with parole eligibility only after serving 25 years for a fourth murder conviction.

    Finally the judge sentenced Flack to nine months for a firearms possession violation.

    All sentences are to be served consecutively.

    On March 31, a Franklin County jury recommended Flack, 30, receive the death sentence after they convicted him of fatally shooting three adults and an 18-month-old toddler on an eastern Kansas farm in 2013.

    Flack hid the adult bodies and stuffed the child’s remains in a suitcase which was found floating in the Tequa Creek.

    The jury that recommended Flack receive the death penalty was the same panel that convicted him on March 23 of capital murder in the deaths of Kaylie Bailey, 21, and her 18-month-old daughter, Lana.

    Flack also was convicted in the deaths of Bailey’s boyfriend, 31-year-old Andrew Stout, and his roommate, 31-year-old Steven White, who lived in a rural farmhouse where Flack sometimes stayed.

    The rural farm is about 50 miles southeast of Topeka.

    Flack, who has been in custody for three years since he was arrested, was sentenced one month before his 31st birthday.

    Detectives think the shootings occurred on separate days in the spring of 2013.Investigators think White was killed around April 20, 2013, and his body was later found under a tarp in an outbuilding near the farmhouse. Stout apparently was shot on April 29, and his body was found in his bedroom under a pile of clothes.

    Bailey’s partially-clothed body was found in a bedroom, with her hands bound behind her back. Authorities think the mother and daughter were killed on May 1.

    Prosecutors presented two weeks of testimony during the trial. The defense didn't call any witnesses.

    Flack’s lead defense attorney, Timothy Frieden, urged jurors during the sentencing phase to recommend a life sentence without parole, saying Flack was not the “monster” they had heard about.

    Testimony during the sentencing phase indicated Flack grew up in a chaotic home with several family members who suffered from mental illness, was sexually abused as a child, and suffered from depression, social anxiety and schizo affective disorder.

    Frieden told jurors Flack functioned well while imprisoned for a 2005 shooting, and if sentenced to life in this case, the public would be safe.

    “He is salvageable,” Frieden said. “Vote life when it comes down to the end.”

    Deputy Attorney General Victor Braden said during the sentencing phase that jurors had to decide what justice entails.

    “Each of you will have to ask yourself what is appropriate justice?” Braden said.

    Braden said the death penalty was justified by three aggravating circumstances: an attempted second-degree murder conviction in the May 2, 2005, shooting of Steve Free; the fact Flack killed more than one person; and the killings of the mother and daughter were done in an “especially heinous, atrocious or cruel manner.”

    Kansas reinstated the death penalty in 1994 but has not performed an execution since the 1965 hangings of George Ronald York and James Douglas Latham, two spree killers.

    http://cjonline.com/news/2016-05-18/...ansas-capital#
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  7. #37
    Senior Member Frequent Poster stixfix69's Avatar
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    So this is pretty much like a California death sentence, where they never follow through with it.....

  8. #38
    Administrator Helen's Avatar
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    Flack's death penalty appeal going before Kansas Supreme Court next week

    A death row inmate found in Emporia shortly after four people were killed near Ottawa will have his latest appeal next week in front of the Kansas Supreme Court.

    Kyle Flack has numerous items he plans to bring before the state high court during his hearing, which begins Monday. Flack says:

    *His right to present a defense was violated when the district court judge decided not to grant 2 motions to continue the case

    *District court made a reversible error by admitting Flack’s statements made while in custody and after allegedly invoking his Miranda rights

    *District court erred by denying Flack’s challenge to jurors for cause

    *Prosecution erred with several statements made during the jury selection and closing argument phases

    *State’s charging decision on heinous, atrocious or cruel aggravating circumstances was “defective” because one of the murders was charged as heinous while the capital murder charge was based on the killing of more than 1 person

    *Prosecution erred by refusing a defense request to modify certain jury instructions

    *District court erred by refusing to adjust certain instructions in the penalty phase

    *A death sentence is prohibited under the Eighth Amendment because Flack suffers from severe mental illness

    *Cumulative errors require reversal of Flack’s sentence

    *The Kansas Constitution’s Bill of Rights does not allow the death penalty

    *The death qualification during the jury selection process violated the Kansas Constitution Bill of Rights’ right to a jury trial

    Flack was convicted of capital murder in 2016 for killing Kaylie Bailey, her toddler daughter Lana, as well as Steven White and Andrew Stout back in May 2013. Flack was found and arrested in Emporia. Lana Bailey’s body was ultimately found in Osage County.

    9 Kansas inmates are currently on death row, including James Kraig Kahler in the murders of four family members in Burlingame in 2009 and Scott Cheever in the murder of then-Greenwood County Sheriff Matt Samuels in 2005. The state has not executed an inmate since 1965. Executions were not allowed between 1972-1994.

    (source: KVOE news)
    "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. #39
    Moderator Bobsicles's Avatar
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    Kansas Supreme Court affirms death penalty conviction in quadruple murder case

    BY RACHEL MIPRO
    THE KANSAS REFLECTOR

    TOPEKA — The state’s highest court on Friday rejected a man convicted of capital murder’s appeal against the death penalty.

    One justice said he would consider examining the constitutionality of the death penalty in future cases that have more “substantive” arguments.

    Thirty-eight-year-old Kyle Flack was convicted in 2016 of the fatal shootings of four people in 2013 and given the death penalty for two of these killings.

    “In a future case, I am open to considering the constitutionality of the Kansas death penalty under section 1’s limit on state police powers,” wrote Justice Caleb Stegall. “But doing so would require an actual showing based on something more substantial than Flack has provided to demonstrate that our death penalty is not reasonably related to the furtherance of the common good.”

    A jury in Franklin County heard the case after the bodies of 21-year-old Kaylie Bailey, 30-year-old Andrew Stout, and 31-year-old Steven White were found in a residence near Ottawa. The body of Bailey’s 18-month-old daughter was discovered in a rural creek, hidden inside a suitcase.

    A motive for the killings was never given, and Flack did not testify in court. Witnesses at the time argued that Flack had severe mental illness, including major depressive disorder and schizoaffective disorder.

    In 2022, Flack asked the Kansas Supreme Court to overturn his death sentence and other convictions, based on questions about whether his right to remain silent had been invoked, if his attorney had been given enough time to prepare for the case and a constitutional challenge to the state’s death penalty, among other arguments.

    On Friday, the court affirmed Flack’s convictions on capital murder, first-degree murder, second-degree murder and criminal possession of a firearm in an 87-page opinion. Justices rejected all of Flack’s claims, including his argument that he invoked his right to remain silent during an incriminating police interview.

    “He did not clearly state to stop the interview,” the court decision reads. “Instead, he expressed frustration the officers were unwilling to trust him.”

    The majority of judges also dismissed Flack’s constitutional challenge to the death penalty. No one has been executed in Kansas since 1965, but the state still has nine men on death row.

    Flack had argued section one of the Kansas Constitution Bill of Rights, which states that “all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness,” shows the right to life is protected, making the death penalty unconstitutional.

    Judges reasoned that these rights should not be taken as “‘absolute,” and that the natural rights in this section are “forfeitable in civil society.”

    Stegall departed from the majority opinion in interpreting the Bill of Rights.

    “In my view, our court continues to be wrong by declaring that criminal defendants have no protections under section 1,” Stegall wrote. “… Instead, I have consistently argued that properly understood, section 1 provides a substantive check on the police power of the state — including the power to kill its own citizens.”

    https://kansasreflector.com/2024/01/...e-murder-case/
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