Kansas

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

Published

5 months 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

Heavy rainfall causes flash flooding in SW Kansas

Published

7 hours ago

June 30, 2024

Press Room

Heavy rainfall causes flash flooding in SW Kansas

WICHITA, Kan. (KWCH) – Impressive amounts of rainfall fell Sunday across southern Kansas. Some areas received too much rain too fast, resulting in flash flooding.

The Dodge City Fire Department rescued a driver trapped in the floodwaters under a train bridge this morning.

According to rainfall reports from Storm Team 12 Meteorologist Dean Jones, Dodge City received just over four inches of rain from 2 a.m. to 10 a.m. on Sunday, with over two inches falling between 7 a.m. and 8 a.m.

Across Kansas, rainfall totals ranged from half an inch to almost five inches overnight. An additional 1-3 inches are possible through the remainder of Sunday.

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Kansas

REPORT: Travis Kelce Admits Raiders Significantly Hurt His Christmas with Taylor Swift

Published

14 hours ago

June 30, 2024

Press Room

REPORT: Travis Kelce Admits Raiders Significantly Hurt His Christmas with Taylor Swift

The Las Vegas Raiders’ commanding victory over the eventual Super Bowl champion Kansas City Chiefs, 20-14, was a triumph for then-interim head coach Antonio Pierce and the Silver and Black. It forecasted the style of play that Pierce would build a team around in the months after with the hiring of general manager Tom Telesco.

That day also proved to be a rough one for arguably the world’s most prominent couple: Chiefs tight end Travis Kelce and his mega-star girlfriend, Taylor Swift. Kelce discussed the defeat on a recent episode of the “Bussin’ with the Boys” podcast. He said that the couple’s first Christmas was “ruined.”

“We got our a– beat by the f—–g Raiders on Christmas. F—–g ruined Christmas, motherf—–s,” Kelce told podcast hosts Taylor Lewan and Will Compton. “[Antonio Pierce], he had those dudes were ready to brawl out there on the field. One hundred percent man. And I love that s–t. I was like, man if we play with that kind of edge, or that kind of toughness, that kind of like don’t f–k with us mentality, we won’t be stopped. And it just kind of ended up like that. But that Raiders game was definitely a turning point.”

The defeat served as a wake-up call for the Chiefs, as they would cap off the regular season with two wins. The Chiefs marched all the way back to the Super Bowl, beating the seemingly unstoppable Baltimore Ravens in the process. The Chiefs are now looking to three-peat in 2024.

The good news for Kelce and the Chiefs is that Christmas Day is behind them and they won’t have to face the Raiders on the holiday in 2024. Instead, they will play the Pittsburgh Steelers, and Kelce and Swift have a 50-50 chance of another ruined Christmas.

More bad news arrives for the Chiefs by way of the Silver and Black: the team that was “ready to brawl” will continue to do so under Pierce. The team is better, too. Signing defensive tackle Christian Wilkins and drafting linebacker Tommy Eichenberg and cornerback Decamerion Richardson will only bolster what was becoming one of the most physical, and best, defenses in the NFL.

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Kansas

Kansas City embracing spot in international soccer limelight

Published

21 hours ago

June 29, 2024

Press Room

Kansas City embracing spot in international soccer limelight

KANSAS CITY, Mo. (KCTV) – Some of the best soccer players in the world are in Kansas City this week for the Copa America soccer tournament.

The tournament pits the best teams in North and South America against each other once every four years. On Tuesday, Children’s Mercy Park played host to a group-stage match between Peru and Canada. Next Monday, the US Men’s National team is set to host Uruguay at Arrowhead Stadium.

The game, and the tournament, are giving Kansas City attention on the global scale.

“It gives Kansas City a great chance to showcase ourselves as a destination, not only for soccer fans in the Midwest and around the country but also internationally, too,” said Kurt Austin, Sporting KC’s Senior Director of Communications. “I think it’s a great opportunity for the city. You see it not only in the events we’ve been able to host in the past but also now looking forward and the events we’re going to be able to host in the future all kind of gearing up towards 2026 with the World Cup.”

Former Sporting KC legend Roger Espinoza played in two World Cups for his home country of Honduras. He says Kansas City is ready for FIFA to come to town.

“Kansas City is ready,” said Espinoza. “They don’t know what’s coming, but I think Kansas City is ready. I think it’s a city that has hosted many events, a lot of championships here, so they know how to host the world.”

Kansas City sports fans say soccer has elevated the city’s standing. The fans told KCTV5 they are grateful the sport has had a positive impact on KC.

“With the World Cup coming, I don’t think everyone is prepared for what kind of money that’s going to bring into the area,” said Ken Dotson, a long-time MLS supporter.

“It’s huge. It’s really putting us on the map, especially with us getting the World Cup, and now the COPA, it’s phenomenal,” said fan Brandon Murphy.

With the eyes of the soccer world on Kansas City on Monday, Espinoza thinks KC is about to put on a show.

“They get to see what we’re all about,” Espinoza said of the international fans. “They get to see that there are true fans here that support the sport.”

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