Kansas

Kansas court upholds death sentence, ruling man wasn’t clear about wanting to remain silent

Published

2 years ago

January 19, 2024

Kansas court upholds death sentence, ruling man wasn’t clear about wanting to remain silent

John Hanna
| The Associated Press

Kansas’ top court on Friday upheld the death sentence for a man convicted of fatally shooting three adults and a toddler, ruling that he didn’t clearly invoke his right to remain silent before making statements crucial to his conviction.

The state Supreme Court’s lone dissenter in the case of Kyle Trevor Flack argued that the 6-1 majority was requiring a “proper incantation” and forcing suspects wanting to remain silent to apply “arcane philosophies” of law. Even though she called for a new trial for Flack, she called the evidence against him “overwhelming.”

Flack was sentenced to die for the April 2013 deaths of Kaylie Bailey, 21, from the Kansas City area; her 18-month-old daughter, Lana; Andrew Stout, 30, of Ottawa, about 50 miles southwest of Kansas City, and Steven White, 31, also from Ottawa. The adults’ bodies were found on a farm, while the toddler’s body was found in a suitcase in a rural creek.

The state-appointed attorney for Flack’s appeal argued that prosecutors in Franklin County built their case against him on incriminating statements he made during police interviews. Prosecutors argued they also had strong circumstantial evidence against Flack.

The attorney argued that the trial judge should have refused to allow prosecutors to use the statements as evidence. During his interrogation, Flack repeatedly made statements suggesting he wanted to end the questioning, including, “Take me to jail! Take me to jail! Take me to jail!”

But in its unsigned opinion, the court’s majority said his statements could have been interpreted by police in a variety of ways: an insistence he didn’t know about what they were asking, a recognition that he was in a difficult circumstance, an effort to negotiate with officers or an attempt to bolster his credibility. The court also upheld his convictions for capital murder and other crimes.

“Isolated or combined, his statements did not unambiguously and unequivocally assert his right to silence,” the majority wrote.

Dissenting Justice Evelyn Wilson, a former district judge, said the videos of Flack’s interviews — and not just the transcripts — were the best evidence for whether Flack was invoking his right to remain silent. She said the videos showed that Flack wanted to end the police interrogation and return to jail, so clearly that no officer could have misinterpreted them.

In many cases, police, prosecutors and courts have resorted to using a “mastery of speculative mental gymnastics” to justify a conclusion that a suspect is not invoking their right to remain silent, she wrote.

“A ‘right’ to silence which cannot be exercised in practice — even by actual silence — is no right at all,” Wilson wrote.

Flack’s attorney raised numerous other issues, which all of the justices, including Wilson, rejected. When the court heard from attorneys in Flack’s case in January 2022, those arguments focused heavily on whether prosecutors should have been allowed to use his incriminating statements as evidence.

More: Kyle Flack wants Kansas Supreme Court to overturn death sentence over statements made to police

Flack is one of nine men on death row in Kansas, and the last one to be sentenced to lethal injection. The state has not executed anyone since 1965.

Even after Flack’s trial, it wasn’t clear what led to the shootings, which detectives believe happened over separate days. The defense argued that Flack, who was 28 at the time of the crimes and is now 38, suffered from a severe mental illness that caused him to hear voices throughout adulthood.

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Kansas

IU football lands Kansas State transfer edge rusher Tobi Osunsanmi

Published

3 hours ago

January 4, 2026

Press Room

IU football lands Kansas State transfer edge rusher Tobi Osunsanmi

Indiana’s portal haul continued to grow Sunday as multiple outlets reported the addition of Kansas State edge rusher Tobi Osunsanmi.

Osunsanmi has played in 36 games over the last four years and has 8.5 sacks and 12.5 tackles for loss. Most of that production came over the last two seasons. He has a total of 47 QB pressures during his college career.

In 2025 he played in six games and had 20 tackles, 6.0 tackles for loss and 4.0 sacks. He suffered a season-ending injury in October.

He saw action in all 13 games in 2024 as a reserve defensive end and on special teams, recording 19 tackles, 5.5 tackles for loss, 3.5 sacks and a forced fumble over 303 defensive snaps and 31 special teams plays.

In 2023 he saw time in all 13 games as a reserve linebacker, a rush end on passing downs and on special teams. He was tied for team-high honors with five tackles on kickoff coverage.

He played in four games in 2022 and preserved his redshirt.

The 6-foot-3 and 250-pound Osunsanmi has one year of eligibility remaining.

The Wichita, Kan. product (Wichita East H.S.) was regarded as the 232nd-best overall player in the nation for the Class of 2022 by 247Sports.

Osunsanmi will help fill the void left by outgoing edge rushers Mikail Kamara, Kellan Wyatt and Stephen Daley.

More transfer portal information:

For complete coverage of IU football recruiting, GO HERE.

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Kansas

Kansas football transfer portal tracker: Jan. 4 developments for KU

Published

15 hours ago

January 4, 2026

Press Room

Kansas football transfer portal tracker: Jan. 4 developments for KU

LAWRENCE — The Division I transfer portal window for college football is open from Jan. 2 through Jan. 16, and that means Sunday is another chance for the Kansas football program to shape its roster.

The Jayhawks already gained one public addition earlier this offseason in Grand Valley State transfer Jibriel Conde — whose signing was announced Dec. 4. Conde, who is making the jump up from Division II, is a 247Sports-rated three-star defensive lineman in the portal and is listed by KU as a defensive tackle. On Saturday, a number of current Kansas players — including redshirt freshman quarterback Isaiah Marshall, redshirt sophomore wide receiver Keaton Kubecka and redshirt sophomore defensive tackle Blake Herold — also outlined in social media posts on X that they are locked in with the program for the 2026 season.

Marshall is set to compete for the starting quarterback job next season. Kubecka has the chance to step up into a more significant role at wide receiver. Herold is in line to be a key part of Kansas’ defensive line.

Those positives, though, don’t outweigh the fact that there has been a sizable group of players who have revealed their intentions to transfer away. Looking overall, when it comes to those whose decisions became public before and after the portal opened, the significant names to know include redshirt senior safety Lyrik Rawls, redshirt junior linebacker Trey Lathan and freshman quarterback David McComb. Lathan led KU in tackles in 2025.

Check in here for more updates during this transfer portal window about a KU team that finished 5-7 during the 2025 season, with transfer ratings as outlined by 247Sports.

Kansas football transfer portal additions

Jibriel Conde (3-star defensive lineman from Grand Valley State) — KU lists him as a defensive tackle

Kansas football transfer portal departures

Joseph Sipp Jr. (linebacker)

Jacoby Davis (cornerback)

Dylan Brooks (defensive end)

Jaidyn Doss (wide receiver)

Carter Lavrusky (offensive lineman)

Trey Lathan (linebacker)

Tyler Mercer (offensive lineman)

Harry Stewart III (running back)

Caleb Redd (3-star edge) — KU lists him as a defensive end

Aundre Gibson (3-star cornerback)

David McComb (3-star quarterback)

Kene Anene (3-star interior offensive lineman) — KU lists him as an offensive lineman

Laquan Robinson (3-star safety)

Jameel Croft Jr. (3-star cornerback)

Logan Brantley (3-star linebacker)

Greydon Grimes (3-star offensive tackle) — KU lists him as an offensive lineman

Jon Jon Kamara (3-star linebacker)

Lyrik Rawls (3-star safety)

Damani Maxson (3-star safety)

Jaden Hamm (tight end)

Bryce Cohoon (wide receiver)

JaCorey Stewart (linebacker)

Johnny Thompson Jr. (running back)

Efren Jasso (punter)

Jordan Guskey covers University of Kansas Athletics at The Topeka Capital-Journal. He was the 2022 National Sports Media Association’s sportswriter of the year for the state of Kansas. Contact him at jmguskey@gannett.com or on Twitter at @JordanGuskey.

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