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Headlines for Wednesday, July 3, 2019

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Kansas Tax Collections in June Nearly $33 Million More than Expected

TOPEKA, Kan. (AP) — Kansas is reporting that it collected nearly $33 million more in taxes than anticipated in June and ended its 2019 budget year with solid revenue growth.  The state Department of Revenue said Tuesday that Kansas collected nearly $782 million in taxes last month. The state's fiscal forecast had predicted a little more than $749 million in taxes, making the surplus about 4.4%.  Tax collections exceed expectations 24 of the past 25 months.  The state collected nearly $7.5 billion in taxes during its 2019 budget year, or $191 million more than expected. That was a surplus of 2.6%.  The budget year's tax collections grew nearly 6.3% from the 2018 budget year, or by $440 million.  It's likely that Kansas ended its 2019 budget year with $1 billion in cash reserves.  

Editor's note: This story has been corrected to show that tax collections have exceeded expectations 24 of the past 25 months, not 23.

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Judge Tosses Kansas Senate Leader's Lawsuit Against Paper

OLATHE, Kan. (AP) — A judge threw out a defamation lawsuit filed by Kansas Senate Majority Leader Jim Denning against The Kansas City Star over a column criticizing him for opposing Medicaid expansion. Johnson County District Judge Paul Gurney ruled Tuesday that Denning, an Overland Park Republican, didn't show that The Star acted with malice in publishing then-contributing writer Steve Rose's column in January. The judge ordered Denning to pay the newspaper's legal fees, which Star attorney Bernard Rhodes estimated at $40,000. Denning alleged that The Star and Rose defamed him because Rose attributed statements against Medicaid expansion to him that he never made. Rose contends the statements came from a 2018 conversation between them, but he resigned as a contributing columnist after Denning's staff questioned his work. Denning and other top Republicans in the GOP-controlled Senate blocked a vote this year on a House-passed Medicaid expansion plan favored by Democratic Gov. Laura Kelly but have publicly committed to a debate next year. Star editorial page editor Colleen McCain Nelson called Denning's lawsuit "a political ploy" and said the judge's decision affirmed that it was "entirely without merit."

"And more importantly, he protected the First Amendment rights of The Star and all journalists," Nelson said in an email to public radio's KCUR-FM.

The judge plans to rule later on Denning's claims against Rose. Mike Kuckelman, the senator's attorney, said an appeal of the ruling against Denning's claims is "definitely something that will be considered." He said Rose's column was "misleading at best."

"The Star accepts no legal responsibility whatsoever for what's printed in that newspaper," Kuckelman said.

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Kansas GOP Congressman Pleased with Treatment of Migrants

TOPEKA, Kan. (AP) _ A Republican congressman from Kansas says he is pleased with the quality of medical attention and housing for migrants in federal facilities at the southern border.  The Kansas City Star reports Rep. Roger Marshall toured several sites in the McAllen area. He says the trip re-solidified his support for President Donald Trump's border wall proposal. His assessment differs from the one reached by Democrats who this week visited separate facilities in the El Paso area. A report released Tuesday by Department of Homeland Security Acting Inspector General Jennifer Costello raised concerns of overcrowding at some of the same McAllen area facilities Marshall visited. Marshall traveled to Texas as a member of the ``Doc Caucus,'' a group of Republican doctors in Congress.  He has said he might run for U.S. Senate.

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5-Year-Old Dies in Farming Accident in Kansas

HAVEN, Kan. (AP) — Authorities say a 5-year-old boy has died in a farming accident in south-central Kansas.  The Reno County Sheriff's Office says in a Facebook post that Adam Schrock died Tuesday afternoon near Haven. The post says his clothing became wrapped up in a mechanical part of a tractor that a family member was working on.  Haven is about 30 miles northwest of Wichita.

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1 Person Killed in Kansas Power Line Accident

WICHITA, Kan. (AP) — Police say a worker in a bucket truck was killed after coming into contact with a power line in north Wichita.  KAKE-TV reports emergency crews responded at around 11 am Tuesday to an electrocution. A dispatch supervisor says the person was pronounced dead at the scene about 50 minutes later.  Police Sgt. Ed Brower says crews shut off the power before lowering the bucket and extricating the victim. His name was not released. Brower did not say for what company the victim worked.  The neighbor told The Wichita Eagle that a tree surgeon man and his partner were trimming trees at the time when one of them asked him to call 911.  Several vehicles Asplundh Tree Expert Company vehicle was parked in the street. The company specializes in tree pruning.

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Kansas Inmate Ordered to Stand Trial for Attack on Jailer

HUTCHINSON, Kan. (AP) — A Kansas prison inmate serving 50 years for a brutal murder has been ordered to stand trial for attempted rape last year of a female correctional officer. The Hutchinson News reports a judge found sufficient evidence to bind 42-year-old Tanner Lee Green over for trial on Wednesday on alternate counts of attempted rape, aggravated sexual battery, and battery on a law enforcement officer. The corrections officer testified Green grabbed her and pushed her to the ground. The two struggled until she was able to push her panic alarm on her belt to summon help. A prison investigator testified cameras in the cellblock captured the assault. Green was convicted of first-degree murder in 2000. His lengthy criminal record includes aggravated assault on a law enforcement officer, aggravated escape and other crimes.

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Kansas Doctor Agrees to Surrender Medical License

LEAWOOD, Kan. (AP) — A doctor who ran three Kansas anti-aging clinics has surrendered his medical license.  The Kansas City Star reports that the Kansas Board of Healing Arts issued an emergency suspension of Michael Simmons's license in March after evaluators said it wasn't safe for him to practice medicine. The reasons weren't disclosed, although his Kansas license was temporarily suspended in 2002 because he had sexual relationships with patients and a co-worker. Simmons also ran into trouble in Missouri in 2013 for prescribing controlled substances without state registration.  Simmons sued before agreeing to voluntarily give up his license. The Simmons Center for Health and Wellness is located in the Kansas City suburb of Leawood. His website says he also has clinics in Frontenac and Galena.  Simmons's attorney didn't respond to a request for comment.

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Zookeeper Hurt in Tiger Attack Returns to Work at Kansas Zoo

TOPEKA, Kan. (AP) — A zookeeper who spent two months recovering from a tiger attack at a Kansas zoo is now back to work. Topeka Zoo director Brenden Wiley told KSNT-TV that Kristyn Hayden-Ortega returned to work Tuesday. She was seriously injured in the April 20 attack by a 7-year-old Sumatran tiger named Sanjiv. The zoo released a lengthy report last month that said "multiple" protocols and procedures concerning spaces occupied by tigers had prevented any similar attack at the zoo for decades. Its report says protocol was not followed when the keeper entered the tiger's outdoor habitat without ensuring that the animal was locked inside. Other zoo employees lured the animal away with meat so emergency responders could treat Hayden-Ortega.

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Traffic Stop on I-70 in Northeast Kansas Yields $1 Million in Illegal Drugs

TOPEKA, Kan. (AP) — Authorities have confiscated an estimated $1 million in illegal drugs during a traffic stop on Interstate 70 just west of Topeka.  The Topeka Capital-Journal reports that the Indianapolis driver was booked into jail after last week's traffic stop. The stop stemmed from a registration violation.  Shawnee County sheriff's Sgt. Todd Stallbaumer says the drugs found inside the woman's vehicle included 9 kilograms (about 20 pounds) of cocaine and 1 kilogram (about 2 pound) of black tar heroin.

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Key Witness in Kansas City Killing, Dismemberment Found Dead

LIBERTY, Mo. (AP) — Authorities suspect foul play in the death of a man who was assaulted and shot at less than two months ago at a suburban Kansas City home where a man's dismembered remains were found. The body of 56-year-old Floyd Wood's body was discovered Monday night in the Kansas City suburb of Claycomo. Police haven't said how he died. He was a key witness in the first-degree murder case against 30-year-old Colton Stock. Court documents in that case say Wood fled in May after Stock assaulted and shot at him. The gunfire led police to Stock's house, where officers saw a fire. After firefighters extinguished the flames, police found the remains of Matthew Calkins of Gardner, Kansas. Stock is jailed on $1 million bond. He's entered a not guilty plea.

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Man, Wife Plead Guilty to Federal Fishing Crimes

LINCOLN, Neb. (AP) — A man and wife who sold fish for food from their Lincoln home have pleaded guilty to federal charges.  Prosecutors say 48-year-old Phong Duong pleaded guilty Friday to conspiring to traffic wildlife. His spouse, 46-year-old Oanh Pham, pleaded guilty to illegally taking, transporting and selling fish. Both are scheduled to be sentenced on September 20.  Prosecutors say that between May 2013 and July 2016, Duong and Pham exceeded the limits on catching fish from the Kirwin National Wildlife Refuge in northern Kansas and other reservoirs. They'd take the fish back home to Nebraska, then clean and bag them at their home in Lincoln before selling the fish.

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Kansas School Secretary Made 174 Unauthorized Credit Card Purchases

OLATHE, Kan. (AP) — Court records say a former suburban Kansas City school district employee fraudulently used the district's credit card to make community college payments for her child and to buy clothes, food and gas.  The Kansas City Star reports that the charging affidavit was released Tuesday for 42-year-old Mikita Watson-Burton, who is charged with felony theft. Her attorney didn't immediately return a phone message from The Associated Press.  She left her job in August as the secretary of elementary services for the Shawnee Mission School District.  Court documents say another employee discovered odd expenditure in August, triggering an audit. The affidavit says 174 unauthorized charges totaling $12,500 were found, including five community college payments.  The affidavit says she met with a detective in January and admitted to making the purchases.

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Former Kansas Resident Dies in Wyoming Motorcycle Crash

CASPER, Wyo. (AP) — A 37-year-old Oklahoma man was killed when he struck a large animal while riding his motorcycle on Interstate 80 in south-central Wyoming.  Wyoming Highway Patrol investigators believe Daniel Godfrey collided with an elk or a moose at about 10:30 pm Saturday. KTWO-AM reports Godfrey's motorcycle went off the road and he was thrown from the bike. He was not wearing a helmet and died at the scene.  Rindt-Erdman Funeral Home said Godfrey had been living in Collinsville, Oklahoma, but previously lived in Arkansas City, Kansas.  The Wyoming Highway Patrol has reported 80 fatalities this year compared to 47 on this date a year ago.

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Parents of Slain Girl Help Warn Against Celebratory Gunfire

KANSAS CITY, Mo. (AP) — A couple whose daughter was killed eight years ago by celebratory Fourth of July gunfire is joining Kansas City police as they go door-to-door warning residents of the dangers.  The Kansas City Star reports that Michele Shanahan DeMoss said Monday that it remains "incomprehensible" that her 11-year-old daughter, Blair Shanahan Lane, was hit in the neck and killed by a stray bullet that had traveled the length of three football fields. One man pleaded guilty to involuntary manslaughter.  This is the fourth year police have canvassed neighborhoods. Police Sgt. Jake Becchina says that firing off a gun in city limits is "irresponsible" and that people shouldn't "be subject to experiencing gunfire around their home."  Data shows that the effort appears to be making a difference in the neighborhoods police visit.

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Heavy Rainfall Ends Prolonged Drought in Southern Plains

OKLAHOMA CITY (AP) — The heavy rains that caused severe flooding in the central U.S. this spring also had the positive effect of ending a prolonged drought in the Southern Plains.  The U.S. Drought Monitor shows that Oklahoma was drought-free as of June 25 for the first time in more than two years. A year earlier, more than 72% of the state was experiencing some degree of drought.  Drought-free conditions also were reported in Kansas, which recorded its wettest month on record in May. And all of Arkansas and nearly 96% of Texas are also now drought-free.  This spring's storms caused heavy flooding along many waterways, including the Arkansas, Mississippi and Missouri rivers.

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Missouri River to Remain High Because of Water from Dams

OMAHA, Neb. (AP) — The amount of water flowing into the lower Missouri River will remain high throughout the summer and fall, and that water will likely continue to exacerbate flooding downstream.  The U.S. Army Corps of Engineers says it plans to keep releases from Gavins Point Dam on the Nebraska-South Dakota border near current levels — which are more than double the average amount.  The high releases will likely continue worsening flooding downstream — in Iowa, Nebraska, Missouri and Kansas — where many levees were damaged during severe March flooding.  Officials say the releases of 70,000 cubic feet per second of water are needed because the upstream reservoirs remain quite full. The amount of water entering the dams in June was 159 percent of normal, and it has been a wet year.

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New Law Allows Kansas Drivers to Refuse Field Sobriety Tests

WICHITA, Kan. (AP) — Kansas drivers can no longer be charged with a crime for refusing a field sobriety test under a new state law.  The Wichita Eagle reported that a change in state law that took effect Monday means police can't ticket suspected drivers for not taking the test, but refusal to comply comes with a yearlong license suspension — the same as the longest suspension for failing a breathalyzer or blood test.  Field sobriety tests are usually administered before a driver submits to a breath test to determine intoxication. They can include things like standing on one leg or walking in a straight line. Drivers who refuse to be tested can still be prosecuted for a DUI based on other evidence.  

The decision to strike the law designating a separate violation comes as state appellate courts and the U.S. Supreme Court have reversed course on whether motorists give implied consent to sobriety tests.  "The court interpretations have continued to change, so sometimes the Legislature feels like it has been chasing a moving target," said John Carmichael, D-Wichita, ranking minority member on the Kansas House Judiciary Committee.  The Kansas DUI Judicial Council, which is made up of lawyers and other experts, is still working on a new overall scheme for DUI laws.  "In the meantime, they felt like there were some immediate changes that needed to be made," Carmichael said.

Ed Klumpp, a Judicial Council member and a lobbyist for law enforcement groups, acknowledged that there may be some DUI cases that police officers won't be able to make now.  "There was a benefit to having that for the test refusals simply because it encouraged more people to take the test," he said of the compulsory testing. "Let's face it — that's what it was designed to do."  Suspensions for drivers who refuse to be tested will likely be more severe than for those who take the test and fail, he said.  "In the long run, I think maybe this makes it a little more difficult for our law enforcement officers, but the job they do out there — I'm not concerned that our highways or streets are going to be any less safe based on the officers' ability to get drunk drivers off the road," said Bradley Ralph, the Republican vice chairman of the House Judiciary Committee.

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Ex-Prosecutor Running for U.S. Senate in Kansas as Democrat

TOPEKA, Kan. (AP) — A former federal prosecutor who's been an executive in a company that invests in medical marijuana has launched his campaign as a Democratic candidate for the U.S. Senate in Kansas.  The Kansas City Star reports that Kansas City-area attorney Barry Grissom entered the race Monday after months of hinting that he would run. Four-term Republican Senator Pat Roberts is not seeking re-election in 2020.  Grissom served as U.S. attorney for Kansas from 2010 to 2016 as an appointee of Democratic President Barack Obama. He has since served as corporate counsel and a vice president for Nevada-based Electrum Partners.  Grissom jumped into the race after state Senator Barbara Bollier said she may seek the Democratic nomination. Bollier won her Kansas City-area district as a moderate Republican and switched parties last year.

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Competing Rallies Planned in Southwest Kansas

DODGE CITY, Kan. (AP) — Competing rallies are planned this weekend in southwest Kansas that will pit conservative Christians against LGBT and abortion rights supporters.  The Wichita Eagle reports that a group called Kansas Revival will hold a church rally Saturday aimed at opposing abortion and "protecting faith, family and freedom," followed by an afternoon march through the city streets. The church event will feature Republican Congressman Roger Marshall, of Great Bend, State Treasurer Jake LaTurner and Kansans for Life President Mary Wilkinson.  About the same time, members of a group called the Kansas Unity Coalition will gather at a city park for a counter-demonstration in support of "equality, justice and equal rights." Its speakers will include state Representative Susan Ruiz, a Democrat from Shawnee who is one of the state's two openly gay legislators.

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Kansas Senate Leader's Staffer is New Kansas GOP Executive Director

TOPEKA, Kan. (AP) — The Kansas Republican Party has hired a member of Senate President Susan Wagle's staff as its new executive director.  The Topeka Capital-Journal reports that Shannon Golden will handle the state GOP's day-to-day operations. She had served as Wagle's communications director after joining the Wichita Republican's office in January 2018.  Golden is a New Jersey native and Boston University graduate who worked for Texas Senator Ted Cruz's 2016 presidential campaign in Indiana.  She replaces Jim Joice, who left after the 2018 election to become the spokesman for freshman Kansas Congressman Steve Watkins.  The Kansas Democratic Party also is searching for a new executive director after Ethan Corson announced in May that he plans to step down when his replacement is named.

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