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How in the world does sending a 70-year-old man back to prison make sense? • Kansas Reflector

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How in the world does sending a 70-year-old man back to prison make sense? • Kansas Reflector


I met Mike McCloud back in 2018, when I worked for the ACLU of Kansas. We were fighting for clemency for dozens of people, and Mike was one of them.

We hit it off immediately. Mike has a sunny, southern way about him. He’s chatty and fun, the kind of person you’d like hanging out with.

A judge looked at his time served — and at the fact that he’d been a model inmate who paid back every dime he’d stolen — and released him. Mike had even managed to save money from working, so he had a financial parachute to help him gently reenter society.

Storybook ending? Not with Johnson County District Attorney Steve Howe rushing the stage as the villain. Howe challenged Mike’s release, arguing that the judge had no authority to modify the sentence. The Kansas Court of Appeals ruled in Howe’s favor.

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This kind of poor judgement is why we can’t have nice things. Back in 2018, Howe defended his decision, but I’ll say now what I said then: We can’t afford prosecutors like Howe if they’re prone to expensive mistakes like this.

Mike will freely admit that he committed a series of robberies back in the 1990s, netting roughly $7,000. Mike will tell you that he served 27 years for that crime, and I will tell you that while he was incarcerated, Kansas lowered the penalties for such crimes.

Under the new legislation, Mike served nearly twice the amount prescribed in the new law. In fact, at about $70 a day, incarcerating McCloud cost taxpayers almost $690,000. Howe wanted Mike, who was 67 at the time, to serve another 21 years.

Again, Mike stole $7,000. Even adjusted for inflation, that’s $14,000. That ain’t Fort Knox.

Mike had diabetes. Had he gone back, he’d likely have contracted COVID-19, given that prisoners simply could not practice social distancing. Considering his age, another 21 years would have amounted to a death sentence. Thankfully, Kansas Gov. Laura Kelly granted him clemency in 2021, and he remains a free man today.

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This isn’t a tough call. This kind of prosecutorial vengeance remains terribly expensive.

This is just one case. When you consider that the nation has more than 2 million people in prison, this excessive, spendthrift rush to fill our prisons should label Howe and folks like him “tax and spend” conservatives. We’re paying for all this bluster.

He had discretion but chose to send taxpayers another huge, unnecessary bill.

The ACLU of Kansas and the national ACLU have focused considerable reform efforts on prosecutors, who are some of the most powerful people in the justice system. They decide who gets charged, what the charges will be, and make recommendations on sentencing.

I live in Johnson County, and this kind of profligate government spending is concerning. Feeding the ever-expanding prison industrial complex remains expensive, but there’s another element here that disturbs me more: the judgement here, or lack thereof. Considering the costs to taxpayers and the fact that Mike had served his time with exceptional focus and dignity, Howe could have left this matter in his pocket. Most of us wouldn’t consider a diabetic septuagenarian a menace to society.

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I’m guessing few people would have complained, and I doubt any of the folks Mike robbed would have wanted to see him go back to prison.

Given the costs, sending Mike back to prison didn’t make sense, but this just seemed cruel and disproportionate. For so many people in these kinds of decision-making positions, it seems cruelty is the point.

Kick them while they’re down. Pile on. Run up the score, as well as the taxpayers’ tab.

If anything, Mike represented a success story. Authorities should be interviewing him about how he entered a cruel and broken system, and emerged not just rehabilitated, but contrite and driven to succeed. He might have the answer to our recidivism issues.

But no.

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We’re so focused on retribution that we can’t see (or refuse to see) the lives we’re destroying along the way. I swear, if any of these folks ever saw a rose growing out of a crack in a sidewalk, they would stomp it.

Mike is a beautiful person. I’m so glad that he got to go home.

But what worries me, are all the people like him still sitting in prison, running up bills for taxpayers because someone wanted to prove to voters that they were “tough on crime. Most of them will be returning to Kansas communities.

I’d rather they return with Mike’s sunny disposition, not with the cruelty and bitterness of a virtue-signaling, “look how tough I am” flex.

Mark McCormick is the former executive director of The Kansas African American Museum, a member of the Kansas African American Affairs Commission and former deputy executive director at the ACLU of Kansas. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.

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Kansas

Kansas reveals winning personalized license plate design

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Kansas reveals winning personalized license plate design


Kansans voted for the new personalized license plate, with the design of the Flint Hills winning more than 56% of the vote. (Kansas Department of Revenue)

TOPEKA — The next personalized license plate will feature the Flint Hills design after more than 30,000 Kansans voted among five potential designs.

Kansas Department of Revenue spokesman Zach Denny said the design was the “clear favorite,” receiving more than 56% of the vote.

The Kansas Department of Revenue is urging Kansans to take part in an online vote to select a new background for the state's personalized license plates. There are five options. Voting ends 5 p.m. Friday. (Kansas Department of Revenue)

The Kansas Department of Revenue is urging Kansans to take part in an online vote to select a new background for the state’s personalized license plates. There are five options. Voting ends 5 p.m. Friday. (Kansas Department of Revenue)

The new design will be ready for purchase in 2025 for $45.50 at county treasurer’s offices.

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The “Powering the Future” personalized plate, the 2020 design that featured a sunset and wind turbines, will no longer be available after Jan. 1, 2025. Kansans with the “Powering the Future” plate must replace their plate during their next renewal period to keep their personalized plate text, Denny said.

“We know how passionate Kansans are about license plates, and this initiative aims to give the public a direct say in selecting the next personalized plate design that will be featured on vehicles across the state for years to come,” KDOR Division of Vehicles director David Harper said in a statement at the beginning of the vote.

The new personalized plate, which is available along with many distinctive plates, comes after last year’s controversy around the standard plate design.

The first design for the state’s new standard plate was met with bipartisan criticism, with complaints that it looked too much like the University of Missouri’s colors and that it looked like the state of New York’s standard plate. Gov. Laura Kelly pulled the plate from production and allowed Kansans to vote on alternate designs. More than half the votes went to a design featuring the state Capitol.

As of January 2024, KDOR started to replace the old standard plate with the new one.

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A KDOR statement said feedback during the voting process for the standard plate led to the decision to hold another vote for the personalized plate.



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Kansas City man arrested after ‘numerous’ sexual exposure complaints

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Kansas City man arrested after ‘numerous’ sexual exposure complaints


KANSAS CITY, Mo. (KCTV) – Police arrested a man in his seventies after a quick-thinking woman grabbed her camera to get picture proof of what her daughter and a friend experienced.

Vicente Heredia is charged with sexual misconduct involving a child under 15.

The woman, her 14-year-old daughter, and her daughter’s 13-year-old friend were sitting on a Kansas City, Mo., bench in April.

They later reported to police that a man exposed himself to the two teenagers as he sat nearby.

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ALSO READ: As new school year starts, students urged to submit tips to anonymous hotline

According to a probable cause statement, the woman took a picture of what happened. She reported the incident to police and also gave detectives the pictures.

Officers used the pictures to identify the man as Heredia. The probable cause statement shows there have been “numerous reports with Kansas City Missouri Police Department where he was exposing his genitals.”

Heredia is scheduled to be in court on Wednesday.

ALSO READ: Expert reminders for parents posting first-day-of-school photos

Court records show Heredia was previously convicted of first-degree sexual misconduct in Jackson County in 2017.

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Kansas primary voters were smarter than megadonors expected. But too many stayed home.

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Kansas primary voters were smarter than megadonors expected. But too many stayed home.


Kansans show up to vote in the Aug. 5 primary election. (Maya Smith for Kansas Reflector)

Big money thought it could hornswoggle Kansas Democrats in the 35th District into selecting Rep. Marvin Robinson as their candidate.

Robinson, for those of you outside the Kansas City area, essentially swapped parties in 2023, siding with Republicans on hot-button issues. Groups that usually boost Republican candidates swamped his district with deceptive mailers touting supposed accomplishments. The most shameless by far swiped former President Barack Obama’s “O” logo and images of the Democratic leader.

Voters didn’t fall for it. They selected educator Wanda Brownlee Paige instead. She won a whopping 49% of the vote, while Robinson trailed with 22% and two others followed him.

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This was one of the most heartening results from primaries held Tuesday, an example of how voters can stand up against the interest groups that usually dominate Kansas politics. Along the same lines, moderate GOP stalwarts Sen. Barbara Dietrich and Rep. Mark Schreiber won their respective races. Johnson County Sheriff Calvin Hayden lost his reelection bid, showing that even Republicans have tired of election conspiracy-mongering.

On the other hand, we could have done more.

I’ve encouraged Kansans to step up and participate in the electoral process using the metaphor of a board game.

If you don’t play, not only can’t you win, but you can’t even affect the outcome.

Unfortunately, numbers from early Wednesday showed that only 16.1% of Kansas voters bothered. That equals 318,728 ballots from nearly 2 million registered voters. Put another way, that means 1.68 million Kansans who could vote didn’t.

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Secretary of State Scott Schwab suggested beforehand that turnout might be comparable to that in 2016’s primary, in which 24% of voters cast ballots. More ballots will likely be added to this year’s total as elections officials complete their work, but Kansans sure didn’t set any records. We weren’t even close.

Mark my words. In early 2025, we will see polls and hear from Kansans upset about what the Kansas Legislature’s course.

They will wonder, once again, why our state can’t expand Medicaid health insurance coverage for families in need, why we can’t legalize even medical cannabis, and why budget proposals pander to millionaires and billionaires. They will be right to ask these questions. I’ll ask them too.

But Kansas voters had an opportunity this past week to choose a different course. They could have removed many barriers to progress at the Statehouse. With a handful of exceptions, they chose to stay at home or vote for familiar faces.

Already, a large swath of next year’s legislature has been decided.

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Fifty-two candidates made it past their primaries and will run unopposed for the 125-member Kansas House. For those who prefer percentages, that means 42% of state representatives have been set. Nine candidates won’t face challengers for seats in the 40-member Kansas Senate. That’s 23% of state senators decided. As the saying goes, “Game over, man.”

Bernadette Kinlaw of the Southern Poverty Law Center explains the basics: “Your vote holds elected officials accountable for their actions. It forces them to listen to you and the issues that most concern you. Your vote is your report card on lawmakers. If you’re not content with the job an elected official has done, you can use your vote to remove that official from office.”

That goes for general elections and primaries.

Voting reshapes our government directly. Not taking to the streets, not posting on social media, not writing opinion columns. Kansans should do all those things when so moved, but they only go so far. Voting actually creates change.

That’s what makes the primary results bittersweet. At least a handful of voters understand the stakes. They rid themselves of unrepresentative embarrassments Robinson and Hayden. They didn’t need to be persuaded by big money or glossy mailers; they took the initiative on their own. Cheers to all who showed up and took a stand.

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But many other folks couldn’t be bothered. They chose not to vote at all, allowing others to make choices for them.

Those 2 million registered Kansas voters will have another, smaller, set of choices in November.

We’ll see what happens then.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.



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