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Thread: Kyle Trevor Flack - Kansas Death Row

  1. #21
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Flack defense files two motions tied to death penalty

    Flack faces possible death penalty, 'Hard 50' prison terms in four slayings

    Two of five motions filed this week by attorneys defending Kyle Trevor Flack focus on the death penalty in the event a Franklin County District Court jury convicts him in the shooting deaths of a young mother and her toddler daughter.

    In one sentencing motion, defense attorneys ask the judge to explain to prospective jurors they can sentence Flack to a lifetime sentence in prison rather than impose the death penalty.

    In the other, Flack attorneys want prospective jurors to be questioned about the relative costs of executing an inmate versus incarcerating him for life.

    Flack is to next appear at a motion hearing in district court on Tuesday at the Franklin County District Court in Ottawa.

    In Kansas, juries hearing death penalty cases first decide whether to convict or acquit the defendant. If the defendant is convicted, jurors then decide whether to recommend the death penalty or a life sentence without parole to the judge.

    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, 2013, and May 1, 2013.

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

    In the life prison term versus death penalty sentence, Flack defense attorneys want the judge to allow them to question prospective jurors about their understanding of what a life sentence means.

    Surveys show “capital jurors greatly underestimate the time that a capital defendant would be required to serve in prison and frequently sentence capital defendants to death in the erroneous belief that a death sentence
    is the only way to keep the defendant from re-entering society,” the Flack defense wrote.

    Jurors “who understand that a capital defendant will be required to serve a lengthy prison term are much less likely to sentence a defendant to death,” the defense attorneys wrote.

    “If so convicted, Mr. Flack faces the potential for an additional 100 years of incarceration which could be ordered (to be run) consecutively to an irreducible sentence of life without parole,” defense attorneys wrote.

    In the other death penalty-related motion, defense attorneys want to question prospective jurors about their views on the costs of execution compared to life imprisonment.

    Flack could be executed based on the “common misunderstanding” it’s more economical to execute him than house him in prison for life, defense attorneys said. The defense contends “reliable evidence” shows a death sentence is “at least six times as expensive” as a life sentence.

    The other three defense motions seek:

    ■ A judge’s order that all challenges of prospective jurors during jury selection should be conducted outside the presence of the pool of potential jurors.

    If the judge denies the challenge, the fact the potential juror heard the remarks from the defense attorney might tend to bias the juror against the attorney and the attorney’s client, the defense said, quoting the “American Bar Association Standards for Criminal Justice.”

    ■ To block prosecutors from questioning defense expert witnesses about compensation they are receiving for their services. Questions are proper about the expert witness’ qualifications, conclusions and the evidence they rely on, the defense said.

    ■ A hearing on the admissibility of statements, conclusions and exhibits by the prosecutors about the analysis of cellphone data collected in the case.

    The jury hearing for the Flack case will have 12 jurors and four alternate jurors. Notices of jury duty have been mailed to 600 Franklin County citizens.

    Questioning of prospective jurors will start on Feb. 1, and jury selection is expected to last 12 days. Prosecutors and defense attorneys then will make opening statements, and evidence will begin.

    http://cjonline.com/news/2015-12-20/...-death-penalty

  2. #22
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Death penalty-related motion filed in quadruple slaying case

    OTTAWA, Kan. (AP) - Lawyers for a man accused of killing four people in eastern Kansas have filed motions focused on the death penalty.

    Kyle Trevor Flack is charged with capital murder in the 2013 slayings of Kaylie Smith Bailey and her daughter.

    He’s also charged with premeditated first-degree murder in the deaths of Andrew A. Stout, and Steven White. Stout, White and Kaylie Bailey were found at Stout’s farm in Ottawa, about 50 miles southwest of Kansas City.

    Bailey’s daughter was found a few days later in neighboring Osage County.

    If convicted, Flack could face the death penalty.

    The Topeka Capital Journal (http://bit.ly/1O3ViLE) reports that Flack’s attorneys filed a motion asking the judge to explain to prospective jurors that they can sentence Flack to life in prison, rather than impose the death penalty.

    They also asked to question potential jurors about their views on the costs of execution versus lifetime imprisonment.

    The attorneys also asked to hold a hearing on the admissibility of statements and conclusions draw by prosecutions about cell phone data analyzed in the case, and filed a motion seeking to block prosecutors from questioning defense witnesses about compensation they are receiving.

    Flack is set to appear at a motion hearing in district court Tuesday.

    Prospective jurors will be questioned starting Feb. 1. Notices of jury duty have been mailed to 600 Franklin County citizens.

    http://www.washingtontimes.com/news/...-quadruple-sl/

  3. #23
    Administrator Moh's Avatar
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    Prosecutors say they'll seek 'Hard 50' in quadruple homicide

    The lead prosecutor in the Kyle Trevor Flack quadruple homicide case mentioned Monday his intent to seek the “Hard 50,” as well as request a separate sentencing in the case of a conviction.

    A separate proceeding would determine whether Flack — if convicted of first degree murders — should be required to serve a mandatory minimum term of imprisonment of 50 years or sentenced as otherwise provided, according to an amended notice filed Dec. 31 by Stephen A. Hunting, leading prosecutor and Franklin County attorney.

    The “Hard 50” means at least 50 years would pass before a defendant could become eligible for release on parole from prison. The notice filed last week was discussed in a motions hearing set in Franklin County District Court, 301 S. Hickory St., Ottawa, in preparation of a February jury trial.

    Flack, 30, faces capital murder and other charges in connection with the spring 2013 quadruple homicide at 3197 Georgia Road, west of Ottawa. Three adult bodies — Steven White, Andrew Stout and Kaylie Bailey — were found on the property May 6 and May 7. The fourth victim’s body, Bailey’s 18-month-old daughter Lana Leigh Bailey, was discovered May 11 in a suitcase in a creek near the Osage-Franklin County line. Flack was arrested May 8, 2013, in Emporia.

    In the filed notice, prosecutors said they plan to rely on several aggravating circumstances — such as Flack’s previous attempt of second degree murder and an allegation that Flack murdered Kaylie and Lana Bailey in order to avoid or prevent lawful arrest or prosecution — when it comes time for the sentencing phase.

    Hunting said in the notice that the prosecution does not plan to mitigate, or lessen, circumstances. He said the state requests the defense advise the prosecution of any mitigating circumstances they intend to rely upon at the sentencing proceeding.

    Also in the Monday hearing, Maban Wright, one of Flack’s defense attorneys, brought up a motion she filed Dec. 14 regarding the jury selection process.

    In the motion she argued that when jurors are challenged, or potentially bias jurors excused, offensive comments of an attorney may sway other jurors who could end up on the panel. Therefore, she said challenges to jurors should be discussed outside the presence of the jury pool during voir dire.

    Victor Braden, deputy attorney general, said all statements made outside the presence of the jury should be on the record.

    “The state doesn’t want to use a process that makes it look like we’re trying to hide something,” he said.

    District Judge Eric W. Godderz ruled that only situations deemed to be prejudicial be discussed at the bench. Voir dire, the process by which a jury is selected, is scheduled to begin on Feb. 1.

    Other motions filed by Wright on Dec. 14 request:

    To permit Flack to ask questions during voir dire which elicit the juror’s views regarding costs of execution as compared to a sentence of life imprisonment.

    For the judge to explain to jurors that they can sentence Flack to a lifetime sentence in prison instead of the death penalty, if convicted of capital murder.

    To prohibit prosecutors from questioning defense expert witnesses about how much they are paid for their services. Godderz ruled Monday prosecutors can question about compensation, but not the figure amount.

    As the last motion of the hearing, Frieden renewed his motion for continuance of the jury trial, now set to begin Feb. 17. The defense has pushed for the extension of the trial, which was granted earlier in 2015 to extend the trial five months from the initial September 2015 start date.

    The prosecution again opposed the motion. Godderz denied the request Monday, but said he would take up the motion again at a 9:30 a.m. Jan. 26 hearing.

    http://www.ottawaherald.com/news/loc...c5827dade.html

  4. #24
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    Jury selection to start in quadruple murder case

    Jury selection is scheduled to begin in the capital murder trial of a man accused of killing 4 people in eastern Kansas in 2013.

    Kyle Trevor Flack is charged with capital murder in Franklin County in the shooting deaths of Kaylie Smith Bailey and her 18-month-old daughter. He's also charged with 1st-degree murder in the deaths of Andrew A. Stout and Steven White.

    Stout, White and Kaylie Bailey were found dead at Stout's farm in Ottawa, about 50 miles southwest of Kansas City. Bailey's daughter's body was found a few days later in neighboring Osage County.

    Flack has been in custody since shortly after the bodies were discovered.

    The Kansas City Star reports that jury selection is scheduled to begin Monday. Authorities say jury selection could take 2 weeks.

    http://www2.ljworld.com/news/2016/ja...murder-kansas/

  5. #25
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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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  6. #26
    Administrator Heidi's Avatar
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    Trial delayed for quadruple murder in Kansas

    The capital murder trial of a man accused of killing a child and three adults in eastern Kansas has been delayed again.

    Kyle Flack is charged with capital murder in Franklin County in the 2013 shooting deaths of 21-year-old Kaylie Smith Bailey, and her young daughter, Lana-Leigh Bailey. He’s also charged with first-degree murder in the deaths of 30-year-old Andrew Stout and 31-year-old Steven White.

    Prosecutors say they’ll seek the death penalty.

    District court administrator John Steelman said Thursday the trial is now set to begin March 7 in Ottawa. It had been scheduled to start following jury selection, which is underway and expected to end by next week. The trial had originally been scheduled for last September.

    Steelman says he doesn’t know why the new delay was sought.

    http://cjonline.com/news/2016-02-11/...-murder-kansas
    An uninformed opponent is a dangerous opponent.

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

  7. #27
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    Court rules on several pending motions in quadruple homicide case

    Puzzled expressions were worn by a judge and attorneys Tuesday while they discussed logistics of a first-ever jury procedure in an Ottawa capital murder case.

    Kyle Flack, 30, Ottawa, will stand trial Monday in Franklin County District Court on charges in connection with the shotgun slayings of four people in spring 2013.

    He is charged with capital murder in the deaths of Kaylie Smith Bailey, 21, and her 18-month-old daughter, Lana-Leigh Bailey. He is also charged with premeditated 1st-degree murder in the deaths of Andrew Stout, 30, and Steven White, 31, criminal possession of a firearm and misdemeanor sexual battery. If Flack is found guilty of capital murder, the trial will head into a death penalty phase when jurors will consider the sentences of life imprisonment or capital punishment.

    In an attempt to remind jurors of the 2 options, Flack's defense was previously granted a motion that will permit a 2nd questioning of jurors between the guilt and potential penalty phase. The process is said to be the 1st of its kind in the history of Kansas death penalty trial litigation.

    After arguments at a motions hearing Tuesday, District Court Judge Eric W. Godderz ruled he would facilitate questions to jurors individually about their stance on the 2 sentences.

    The defense had requested to perform their own questioning, whereas the prosecution called for the court to provide the framework.

    "I'm scared to death to ask questions," Victor Braden, deputy attorney general and lead prosecutor, said.

    The prosecution has opposed the motion, previously arguing they are heading into uncharted territory. Braden said Tuesday he is concerned with asking "inappropriate" questions out of the fear that it might come up in a future appeal.

    He argued that the proposed questions are the same as what was asked during the 1st voir dire.

    "We know where they stand," he said.

    Godderz said he plans to submit 4 to 5 questions to counsel for their approval this week.

    "I don't want to add other words that may skew what the statute means," Godderz said.

    The decision was one of several pending motions taken up Tuesday in Franklin County District Court, 301 S. Main St., Ottawa.

    Additionally, Godderz denied the admittance of 3 photographs detailing wounds to the bodies of Lana Leigh Bailey and Kaylie Baylie. 2 photographs were admitted to aid the testimonies of the prosecution's expert witnesses.

    Godderz also denied the defense's renewed motion that requested a new trial venue outside of Franklin County.

    (Source: The Ottawa Herald)
    An uninformed opponent is a dangerous opponent.

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

  8. #28
    Administrator Heidi's Avatar
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    Three years after Ottawa killings, capital murder case hits jury trial stage

    It was in the spring of 2013 when three people who had been shot to death were discovered in a modular home on a farmstead west of Ottawa. The 18-month-old daughter of one victim was found dead days later in a little black suitcase tossed into a creek.

    Just a few months shy of three years since his arrest, the man accused of the quadruple murder will appear for the long-awaited jury trial 9 a.m. Monday in Franklin County District Court’s west courtroom.

    Kyle Trevor Flack, 30, Ottawa, has pleaded not guilty to the shotgun slayings in one of Franklin County’s most notorious cases that gained nationwide attention.

    He is charged with capital murder in the deaths of Kaylie Smith Bailey, 21, and her 18-month-old daughter, Lana Bailey. He is also 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.

    Roommates and friends, Stout and White had been reported missing since April 25, 2013. Bailey and her daughter were last seen May 1 in Olathe on their way to the Ottawa residence, according to Herald archives.

    Three friends checking on Stout’s animals at the home first reported a foul smell to law enforcement and returned a second time to find one body under a tarp in the property’s detached garage, according to Herald archives. Investigators who were authorized to search the property eventually found the three adult bodies, in both the garage and a bedroom of the modular home. Not until after Flack was in custody, Lana Bailey’s remains were found in an Osage County creek after a multi-day search.

    Flack, who had reportedly been living with Stout and White at the modular home at 3197 Georgia Road, quickly surfaced as a person of interest.

    Authorities found him May 8, 2013, in Emporia. Further investigation in the hours following, including questioning Flack, led to his arrest. Since then, he has been held in a single-person cell at the Franklin County Adult Detention Center, 305 S. Main St., Ottawa.

    Though Flack is in one of two of the jail’s solitary cells, Justin Wadkins, jail administrator, said it is not considered solitary confinement because he gets human contact daily for laundry services, meal deliveries and attorney visits. Keeping him separated ensures his safety and the safety of others, Wadkins said.

    People who had known Flack, such as Jerett Jones of Ottawa, who considered Stout a brother, described the suspect as quiet, reserved and not someone to upset. The only people who really knew him are now dead, Jones said, not responding to comment further about Flack.

    Flack’s family members said they were told not to talk to the Herald. Family members of the victims have declined talking to the Herald.

    Previous media reports said Flack had a history of mental illness. He had 11 years of schooling, according to district court hearing transcripts, and attended Pomona schools at some point, according to Herald archives.

    At 19 years old in 2005, he was charged with shooting Steven Dale Free, then-47, of Ottawa, who survived the incident, but died in 2011. Flack served less than four years of his 59-month sentence in Hutchinson Correctional Facility for intentional attempted murder in the second degree, according to Herald archives.

    The previous violent conviction is partly why prosecutors are seeking the death penalty in this trial, meaning that if he is found guilty, jurors would then decide in a penalty phase between the sentences of life imprisonment and capital punishment.

    The trial was originally set for September 2015, but pretrial motions from the defense pushed the date to February and then again to this March. Two weeks in February were allotted to secure 12 jurors and eight alternates in a process called “voir dire.”

    Starting Monday, the panel of 14 women and six men will be sworn in before hearing opening statements from attorneys, which will act as an introduction for the days to come. Motions will be discussed as they come up during the proceedings, though not in front of the jury.

    The trial is expected to last until the last day of March. Prosecutors previously said their case would take up 12 days, when they will call more than 100 witnesses and present evidence from five different crime scenes.

    The prosecution is led by Victor Braden, deputy Kansas attorney general and Deputy Commanding General of Army National Guard for the U.S. Army Combined Arms Center in Fort Leavenworth. Stephen Hunting, Franklin County attorney since 2012, is also prosecuting.

    Defending Flack is a team made up of Kansas Death Penalty Defense Unit attorneys. Timothy Frieden, a Wichita attorney, is leading the defense aided by Maban Wright, a Topeka attorney.

    Since March 2014, Franklin County District Court Judge Eric W. Godderz has presided over the case. Godderz has been a judge with the Fourth Judicial District since 2007, after serving as Osage County attorney.

    Defense and prosecuting attorneys did not return messages asking for comments as of Friday afternoon.

    http://www.ottawaherald.com/news/loc...cc992d946.html
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    "Y'all be makin shit up" ~ Markeith Loyd

  9. #29
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    Jurors shown crime scene photos in Ottawa quadruple killing

    Jurors in the quadruple homicide trial of an eastern Kansas man have been shown crime scene photos.

    The Topeka Capital-Journal reports that the photos were shown Monday as the second week in the trial of 30-year-old Kyle T. Flack began in Franklin County District Court.

    He is charged with capital murder in the deaths of 21-year-old Kaylie Bailey and her 18-month-old daughter, Lana, on May 1, 2013. He also is charged with two counts of first-degree murder in the shotgun deaths of 30-year-old Andrew Stout and 31-year-old Steven White, who were killed days earlier.

    District Judge Eric W. Godderz allowed the prosecution to present three photos of White, whose body was found under a blue tarp. Photographs of the other three victims haven’t been shown yet.

    http://ksnt.com/2016/03/15/jurors-sh...ruple-killing/
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    "Y'all be makin shit up" ~ Markeith Loyd

  10. #30
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    Experts testify in Ottawa man’s capital murder trial

    Expert witnesses in the capital murder trial of an eastern Kansan man are testifying about how three adults and a toddler died.

    A forensic pathologist who performed the autopsies and a forensic entomology expert who examined maggots were among the witnesses called this week to testify in the trial of Kyle Flack.

    The 30-year-old Ottawa man is charged with capital murder in the deaths of 21-year-old Kaylie Bailey and her 18-month-old daughter, Lana, in spring 2013. He also is charged with two counts of first-degree murder in the shotgun deaths of 30-year-old Andrew Stout and 31-year-old Steven White.

    The Topeka Capital-Journal reports that the adults suffered shotgun wounds and were left under either a tarp or mound of clothes. Lana's body was found in a rural Osage County creek.

    http://www2.ljworld.com/news/2016/ma...-murder-trial/
    An uninformed opponent is a dangerous opponent.

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

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