Kansas
Kansas court upholds death sentence, ruling man wasn’t clear about wanting to remain silent
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.
Cooler temperatures today, but we will keep a chance of thunderstorms going in south-central Kansas this morning. One or two could be strong.
Temperatures stay cooler in southern Kansas thanks to clouds and rain in the area. Warmer temps and sunshine to the north.
Another chance of severe weather will visit Kansas this weekend, with a complex of strong storms rolling across the area Saturday night.
KSN Storm Track 3 Forecast from Meteorologist Jack Maney:
Wichita:
Today: Mostly cloudy. 60% chance of showers and storms. Hi: 80 Wind: NE 8-18
Tonight: Mostly to partly cloudy. 10% chance of showers. Lo: 62 Wind: NE/E 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 85 Wind: E/SE 5-15
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 68 Wind: SE 5-15
Wichita Weekly
Sat: Hi: 87 Lo: 73 Partly to mostly cloudy. 50% chance of showers and storms.
Sun: Hi: 92 Lo: 67 Mostly cloudy. 30% chance of showers and storms.
Mon: Hi: 82 Lo: 65 Partly cloudy. 10% chance of showers and storms.
Tue: Hi: 84 Lo: 66 Partly cloudy. 10% chance of showers and storms.
Wed: Hi: 86 Lo: 68 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 88 Lo: 69 Partly cloudy. 10% chance of showers and storms.
SOUTHWEST: Dodge City, Garden City, Liberal, Greensburg, Guymon
Southwest:
Today: Partly to mostly cloudy. 20% chance of showers and storms. Hi: 84 Wind: NE/E 10-25
Tonight: Mostly to partly cloudy. Lo: 58 Wind: E/SE 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 85 Wind: SE 8-18
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 62 Wind: SE 5-15
Southwest Weekly
Sat: Hi: 92 Lo: 66 Mostly cloudy. 40% chance of showers and storms.
Sun: Hi: 91 Lo: 59 Mostly cloudy. 20% chance of showers and storms.
Mon: Hi: 82 Lo: 58 Mostly cloudy. 30% chance of showers and storms.
Tue: Hi: 83 Lo: 60 Mostly to partly cloudy. 30% chance of showers and storms.
Wed: Hi: 85 Lo: 61 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 89 Lo: 62 Partly cloudy. 10% chance of showers and storms.
NORTHWEST: Colby, Goodland, Hill City, Oberlin, McCook
Northwest:
Today: Partly cloudy to mostly sunny. Hi: 86 Wind: NE/E 5-15
Tonight: Mostly clear to partly cloudy. Lo: 61 Wind: E/S 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 86 Wind: S/SE 8-18
Tomorrow Night: Partly cloudy. 20% chance of showers and storms. Lo: 61 Wind: SE 5-15
Northwest Weekly
Sat: Hi: 90 Lo: 61 Partly to mostly cloudy. 50% chance of showers and storms.
Sun: Hi: 84 Lo: 55 Mostly cloudy. 20% chance of showers and storms.
Mon: Hi: 78 Lo: 56 Mostly to partly cloudy. 30% chance of showers and storms.
Tue: Hi: 82 Lo: 58 Partly cloudy. 30% chance of showers and storms.
Wed: Hi: 85 Lo: 59 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 87 Lo: 60 Partly cloudy. 10% chance of showers and storms.
NORTHCENTRAL: Salina, Great Bend, Hays, Russell, Beloit, Osborne
North Central:
Today: Mostly to partly cloudy. 10% chance of showers and storms. Hi: 83 Wind: NE 8-18
Tonight: Partly cloudy. Lo: 60 Wind: NE/SE 5-15
Tomorrow: Partly cloudy. 20% chance of showers and storms. Hi: 86 Wind: SE 8-18
Tomorrow Night: Partly to mostly cloudy. 30% chance of showers and storms. Lo: 66 Wind: SE 5-15
North Central Weekly
Sat: Hi: 88 Lo: 70 Partly to mostly cloudy. 70% chance of showers and storms.
Sun: Hi: 88 Lo: 63 Mostly cloudy. 30% chance of showers and storms.
Mon: Hi: 81 Lo: 62 Mostly to partly cloudy. 10% chance of showers and storms.
Tue: Hi: 84 Lo: 64 Partly cloudy. 20% chance of showers and storms.
Wed: Hi: 86 Lo: 66 Partly cloudy. 20% chance of showers and storms.
Thu: Hi: 88 Lo: 67 Partly cloudy. 10% chance of showers and storms.
WICHITA, Kan. (KSNW) — A Kansas fire department is asking people to be more careful about what they throw away.
The Mulvane Fire Department was called to a vehicle fire Wednesday afternoon. The driver of a trash truck had smelled something burning and pulled over to call 911.
When firefighters arrived, they found smoke coming from the back of the truck. In the trash bay, a firefighter discovered a discarded laptop computer with a lithium battery that was heating up.
The department said it was able to remove the battery from the truck and flood the truck with water to cool off the trash. This is the second incident involving a lithium battery crews have responded to this month, according to Mulvane Fire.
Lithium is highly reactive, and when batteries are damaged, they can heat up uncontrollably. The reaction cascades, with the battery getting hotter and hotter until all of the lithium is consumed. In some cases, when exposed to oxygen, lithium can ignite instantly.
The fire department is urging residents to never throw computers or anything with batteries in the trash. Sedgwick County offers this free recycling guide with information on how to properly dispose of a wide variety of household goods and chemicals.
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KANSAS CITY, Mo. (KCTV) – A power outage is affecting parts of the Kansas City Zoo & Aquarium, leaving some areas and services temporarily limited.
The Zoo announced the outage on Wednesday morning, June 17, saying the webstore and other services may be unavailable while crews work to restore power.
Evergy’s outage map shows the disruption – located near the zoo – is affecting 17 customers. The outage was first reported just before 8:50 a.m. Power is expected to be restored around 10:30 a.m.
The Zoo is asking for the public’s patience as Evergy works to resolve the issue.
The cause of the outage has not yet been identified.
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