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
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