Judge Denies New Sentencing Hearing for 2 Brothers Awaiting Execution for 'Wichita Massacre'
UNDATED (AP) — A Kansas judge on Monday denied a request for a resentencing hearing for two brothers awaiting execution for a quadruple killing known as the “Wichita massacre,” ruling that he lacks jurisdiction to approve a reexamination of the sentences.
The legal setback was the latest for Jonathan Carr, 44, and Reginald Carr, 46. Last year, the U.S. Supreme Court refused to request a formal resentencing hearing, a decision that came a little less than a year after the Kansas Supreme Court ruled that the two brothers had received fair trials and upheld their death sentences. “I don’t know that I can do anything about that sentence until somebody vacates it,” Sedgwick County Chief Judge Jeff Goering said at the hearing.
Attorneys for the Carr brothers said they planned to appeal.
The brothers were convicted of breaking into a home in December 2000 and forcing three men and two women to have sex with one another and later to withdraw money from ATMs. Police said the women were repeatedly raped before all five victims were taken to a soccer field, where they were shot.
Aaron Sander, 29; Brad Heyka, 27; Jason Befort, 26; and Heather Muller, 25, all died. The woman who survived testified against the Carr brothers, who also were convicted of killing another person in a separate attack. Each brother accused the other of carrying out the crimes.
Kansas has nine men on death row, but the state has not executed anyone since the murderous duo James Latham and George York were hanged on the same day in June 1965.
Attorneys for the brothers argued Monday that since some convictions were tossed out in previous appeals, a new sentencing hearing is appropriate. Julia Spainhower, the attorney for Reginald Carr, told Goering he had a chance to correct “what was an obvious error.”
Sedgwick County District Attorney Marc Bennett said there was no “lack of clarity” in the Kansas Supreme Court ruling that the death penalty should stand. “What the defense wants to do is reopen the whole thing,” Bennett said.
Attorneys for both brothers raised concerns in the latest round of court filings that the trial attorneys were ineffective — Reginald Carr’s defense said they were “egregiously” so — and failed to aggressively push for a continuance to give themselves more time to prepare. They also agreed that prospective jurors weren’t properly questioned about racial biases. The brothers are Black, their victims white.
Reginald Carr’s attorney’s also brought up an investigation into members of the Wichita Police Department exchanging racist, sexist and homophobic texts and images. Several were ultimately disciplined, and Carr’s attorney wrote that one of them was involved in the investigation of the brothers.
From there, the attorneys for the brothers deviate in their court filings. Jonathan Carr’s attorneys argued that the trial attorneys failed to investigate and present evidence that Reginald Carr, who is older, had a powerful influence over his younger brother and sexually abused him. A Kansas Department of Correction evaluation conducted just days after Jonathan Carr was sentenced to death said he “appears to idolize his brother,” his attorneys wrote.
Meanwhile, Reginald Carr’s attorneys wrote that the trial attorneys were unprepared to rebut Jonathan’s defense, which it described as “largely consisting of family members prepped to promote saving Jonathan Carr’s life over his older brother’s life.” And they further argued that DNA evidence and identification was actually stronger against Jonathan Carr.
The Kansas Supreme Court upheld their convictions in 2014 but overturned their death sentences, concluding that not having separate hearings violated the U.S. Constitution. The U.S. Supreme Court reversed that decision in 2016, returning the case to the Kansas Supreme Court.
When the Kansas Supreme Court took up the brothers’ cases again, their attorneys raised questions about how their cases weren’t conducted separately when jurors were considering whether the death penalty was warranted. Other issues they raised included the instructions that were given to jurors and how closing arguments were conducted.
The Kansas court’s majority concluded that while the lower-court judge and prosecutors made errors, those errors did not warrant overturning their death sentences again.
(–Additional Reporting–)
Judge Refuses Carr Brothers' Resentencing Hearing Request
WICHITA, Kan. (KNS) — A request for a new re-sentencing hearing in the Carr Brothers capital murder case was denied Monday by a Sedgwick County District Court judge. the Kansas News Service reports that Jonathan and Reginald Carr were convicted in a series of robberies, assaults and murders in Wichita more than 20 years ago. Both brothers are on death row. They were sentenced jointly after their convictions. Their attorneys want separate sentencing hearings. They plan to appeal the judge’s decision. Sedgwick County District Attorney Marc Bennett says the case is likely to continue for several more years. "I'm not going to hazard a guess on how long it'll be, but I would venture to guess it’ll be longer than I'm going to be district attorney,” he explained. The court proceedings in Sedgwick County came after the U.S. Supreme Court refused to hear a motion for re-sentencing. (Read more.)
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I-70 Drug Busts Nets One Arrest and 11 Pounds of Cocaine
WABAUNSEE COUNTY, Kan. (WIBW) — One person was taken into custody after law enforcement officers intercepted more than 11 pounds of cocaine early Sunday along Interstate 70 in western Wabaunsee County. WIBW TV reports that the drug bust was made public this (MON) morning on the Wabaunsee County Sheriff’s Office Facebook page. According to the post, Wabaunsee County sheriff’s deputies, along with officers from Dickinson and Marshall counties, intercepted five kilos of cocaine near Tallgrass Road, just east of the Wabaunsee-Riley county line.
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Study: Kansas Health Care System Performs Worse for Black People than Other Ethnicities
UNDATED (KNS) — Fresh data from the Commonwealth Fund shows the health care system in Kansas performs the worst for Black people. The Kansas News Service reports that
David Radley, an author for the study, says there are racial and ethnic disparities in health care in every state. He says in Kansas, the number of Black people who die before age 75 from treatable conditions, like appendicitis or certain cancers, is two times higher than that of white people. “You know, that is sort of, I think, the-the key measure here that sort of points to the amount of disparity that’s happened," he explained. Radley says Black Kansans are also more likely than their white peers to be uninsured or go without care because of medical expenses. He says expanding Medicaid and diversifying primary care in Kansas may help reduce these inequities. The Commonwealth Fund is a private foundation that addresses disparities in health care through research and grants.
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Three People Die in Butler County Fire
ROSE HILL, Kan. (KWCH) — Three people are dead following a house fire in rural Butler County. KWCH TV reports that emergency crews were called to a home near Rose Hill over the weekend where they found two people dead. Another person died later at a local hospital. The fire broke out early Saturday morning. An investigation is underway into the cause. Rose Hill is a rural community near Wichita.
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Kansas Governor Allows Anti-DEI Legislation to Become Law
UNDATED (KNS) — A new state law bars public universities in Kansas from requiring job candidates to affirm support for diversity, equity and inclusion. Governor Laura Kelly has allowed the measure to become law without her signature. The legislation prohibits colleges from requiring D.E.I. pledges from any student or job applicant. Supporters of the new law say D.E.I. statements amount to left-wing ideology. Kelly said that the bill was unnecessary because the Kansas Board of Regents recently approved a policy change prohibiting the practice.
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New Kansas Law Could Make It Easier to Find Locally-Brewed Beer
TOPEKA, Kan. (KNS) — Kansans could soon have an easier time finding locally brewed beers. Governor Laura Kelly signed a bill into law that gives local breweries more options for selling their products. The new law allows Kansas breweries to sell their products directly to clubs, restaurants, and stores. Previously, they had to go through a third party distributor to sell drinks at other venues. Some brewery owners in Kansas pushed for the new law because they say a third party shouldn’t be responsible for the success or failure of their product. They say the change enables them to more fairly compete in the beer market. The bill received near-unanimous support in the Legislature.
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Kansas Governor Vetoes Bills on Pregnancy Counseling Centers and Police K-9s
TOPEKA, Kan. (KPR) — Kansas Governor Kelly Laura Kelly has vetoed proposed tax breaks for pregnancy counseling centers. Critics say the centers discourage pregnant women from getting abortions. The democratic governor said Kansans voted in 2022 to keep lawmakers from interfering with women’s private medical decisions. The counseling centers provide free baby supplies and other resources to people with unplanned pregnancies. But they’ve also been criticized for using misleading tactics to dissuade people from getting abortions. Kansas already gives $2 million to the centers. But the bill vetoed by Kelly would have directed up to $10 million per year to the centers through a tax credit and give them additional tax breaks. Anti-abortion advocates say Kelly's veto was heartless and extreme. Republicans are expected to try to override her veto next week.
Kelly also vetoed a bill increasing penalties for people who kill police K9s and other law enforcement animals, saying the issue needs more study.
(-Additional Reporting from AP and KPR-)
Gubernatorial Vetoes UPDATE and CORRECTION:
TOPEKA, Kan. (AP) — In a story published April 19, 2024, about Kansas Gov. Laura Kelly's actions on various bills approved by legislators, The Associated Press erroneously reported the details of an election bill that she vetoed. The bill would require county election officials to track how many ballots an individual delivers for other voters, as the state limits the delivery of 10 ballots per person. It does not eliminate the extra three days a voter has after Election Day to return a mail ballot.
Kansas Has a New Anti-DEI Law, but the Governor Vetoes Other Bills
TOPEKA, Kan. (AP/KPR) — Kansas' Democratic governor on Friday vetoed proposed tax breaks for pregnancy counseling centers while allowing restrictions on college diversity initiatives approved by the Republican-controlled Legislature to become law without her signature.
Governor Laura Kelly also vetoed a bill with bipartisan support to increase the penalties for killing a law enforcement dog or horse, a move that the GOP leader who pushed it called “political pettiness.” In addition, she rejected two election security measures that critics say are fueled by the influence of people promoting election conspiracies.
Kelly's action on the bill dealing with diversity, equity and inclusion initiatives stood out because it broke with her vetoes last year of anti-DEI measure from the current state budget.
The new law, taking effect July 1, prohibits state universities, community colleges and technical schools from requiring prospective students or applicants for jobs or promotions to make statements on their views about diversity, equity and inclusion programs. Kelly let it become law only two days after the state's higher education board adopted its own, narrower ban on the same practices. “While I have concerns about this legislation, I don’t believe that the conduct targeted in this legislation occurs in our universities," Kelly said in her message on the bill, contradicting statements made by GOP legislators.
Legislators are scheduled to return Thursday from a spring break and wrap up their work for the year in six days. Top Republicans immediately pledged to try to override Friday’s vetoes.
Republicans in about two dozen states have sought to limit DEI initiatives, arguing that they are discriminatory and enforce a liberal political orthodoxy. Alabama and Utah enacted new anti-DEI laws this year, and a ban enacted in Texas last year has led to more than 100 job cuts on University of Texas campuses. The new policy from the Kansas Board of Regents applies only to state universities and does not specify any penalties, while the new law will allow a fine of up to $10,000 for each violation.
Backers of DEI programs say they are being misrepresented. The American Psychological Association defines diversity, equity and inclusion as a framework to guide “fair treatment and full participation of all people,” especially those in minority groups. “We need to move forward and focus our efforts on making college more affordable and providing students from all backgrounds with the tools they need to succeed,” Kelly said in her message on the bill.
With the bill helping the state's nearly 60 anti-abortion centers, Kelly's veto was expected because she is a strong supporter of abortion rights. She already has vetoed two other measures championed by abortion opponents this year.
But GOP lawmakers in Kansas have had increasing success in overriding Kelly’s actions. Republican leaders appear to have the two-thirds majorities necessary in both chambers on abortion issues and appeared close on the DEI bill.
The latest abortion measure would exempt anti-abortion centers that provide free services to prospective mothers and new parents from paying the state's 6.5% sales tax on what they buy and give donors to them income tax credits totaling up to $10 million a year.
Kelly said in her veto message that it is not appropriate for the state to “divert taxpayer dollars to largely unregulated crisis pregnancy centers.” The bill also includes provisions designed to financially help parents who adopt or want to adopt children. “Governor Kelly has shown once again that her only allegiance is to the profit-driven abortion industry, and not to vulnerable Kansas women, children, and families,” Jeanne Gawdun, a lobbyist for Kansans for Life, the state's most influential anti-abortion group, said in a statement.
Abortion opponents in Kansas are blocked from pursuing the same kind of severe restrictions or bans on abortion imposed in neighboring states, including Missouri, Oklahoma and Texas. A Kansas Supreme Court decision in 2019 declared that access to abortion is a fundamental right under the state constitution, and a statewide vote in August 2022 decisively affirmed that position. “This bill goes against the wishes of Kansans,” Kelly said in her veto message.
Kelly also has clashed repeatedly with Republicans on voting rights issues.
One elections bill would prohibit state agencies and local officials from using federal funds in administering elections or promoting voting without the Legislature's express permission. Republicans see spending by the Biden administration as an attempt to improperly boost Democratic turnout.
But Kelly chided lawmakers for “focusing on problems that do not exist." “I would urge the Legislature to focus on real issues impacting Kansans,” Kelly said in her veto message on the second bill.
The veto of the bill on police dogs was perhaps Kelly's most surprising action. Increased penalties have had bipartisan support across the U.S., and Colorado Gov. Jared Polis this week signed a measure this week.
The Kansas measure was inspired by the November death of Bane, an 8-year-old Wichita police dog, who authorities say was strangled by a suspect in a domestic violence case. It would allow a first-time offender to be sentenced to up to five years and fined up to $10,000.
Kelly said the issue needed more study, saying the new penalties for killing a police dog would be out of line with other, more severe crimes, “without justification." But House Speaker Dan Hawkins, a Wichita Republican and the bill's biggest champion, said: “This veto is a slap in the face of all law enforcement.”
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A New, Stable Fiscal Forecast for Kansas Reinforces Dynamics of a Debate over Tax Cuts
TOPEKA, Kan. (AP) — The picture for tax cuts in Kansas and the next state budget remained stable Friday with the release of a new fiscal forecast that reinforced the dynamics of a conflict over proposed tax cuts between Democratic Governor Laura Kelly and the Republican-controlled Legislature. The new forecast from state officials and legislative researchers came with lawmakers scheduled to reconvene Thursday after a spring break for the final six days of their annual session. Kelly has until Thursday to act on a bill cutting income, sales and property taxes and another measure containing the bulk of the next state budget.
The new forecast replaces projections made in November for tax collections through the end of June 2025. It trims the previous estimates by about 1.2% or $119 million for the current budget year, which ends June 30. But it boosts them by $80 million for the budget year that begins July while projecting that the state also will earn more interest than previously expected on its idle funds.
In both budget years, the state's annual tax collections are expected to exceed $10 billion, and a new profile of the state's finances by legislative researchers projects that Kansas will have more than $3.7 billion in surplus funds at the end of June 2025, even with the tax cuts approved by lawmakers. “Everything is relatively stable at this point,” Shirley Morrow, the acting director of the Legislature's research staff, said during a Statehouse news conference.
The tax bill on Kelly's desk would cut taxes by a total of more than $1.5 billion over the next three years. Kelly's chief of staff has described it as larger than Kelly deems affordable over the long term, and the governor said Tuesday that she wanted to see the new fiscal forecast before making any decision.
House Speaker Dan Hawkins, a Wichita Republican, said in a statement that the new forecast should make signing the tax bill "an easy ‘yes’ for the governor.”
The bill would move Kansas from three individual income tax rates to two, with the top rate dropping to 5.55% from the current 5.7%. Republican leaders wanted to go to a single rate, but Kelly views that idea as helping “the super wealthy.” She has told fellow Democrats that she opposes going to two rates.
The measure also would eliminate income taxes on Social Security benefits, which kick in when a retiree earns $75,000 a year. It would reduce the state’s property taxes for public schools and eliminate an already-set-to-expire 2% sales tax on groceries six months early, on July 1.
The plan split Kelly's fellow Democrats. Those in the Senate largely opposed it and echoed Kelly's concerns. The House approved it without any opposing votes — and many Democrats there praised it as providing tax relief for all classes of Kansas residents.
The same unity among House Democrats isn't likely during a vote to override Kelly's veto because some will want to support Kelly. But House Minority Leader Vic Miller, a Topeka Democrat, said he can't in good conscience ask Democrats to back a veto if he can't be sure a better plan is possible. "I’m very happy with the product that we ended up with,” he told reporters Tuesday. “I don’t know that there’s anything out there that would be better than this one.”
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State Board Members Upset About Use of Opioid Settlement Funds
WICHITA, Kan. (KMUW) — Members of a state board in Kansas that distributes the state's opioid settlement funds are upset with the way lawmakers are allocating those funds. State lawmakers last month proposed distributing nearly $8 million of the state’s opioid settlement funds during their budget process. Most of the money is going to various treatment providers in northeast Kansas. Currently, anyone who receives opioid funds from the state is expected to go through an application process with the board. It awarded nearly $10 million last year for prevention and substance use treatment efforts. Board members have now sent a letter to Governor Laura Kelly and state legislators expressing disapproval of how the board was circumvented in the allocations. The governor has until late this week to sign the budget sent to her by state lawmakers.
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Research Shows Antibiotic-Resistant Bacteria in Wastewater
HAYS, Kan. (KNS) — Students at Fort Hays State University have been testing wastewater in northwest Kansas for antibiotic-resistant bacteria. The research used antibiotics that are commonly prescribed in both humans and livestock. Prescribing too many antibiotics can increase bacteria’s resistance to them and lead to a superbug which would not be easily treated. The study found bacteria resistant to antibiotics at a level slightly above the national average before water treatment. Claudia Carvalho, who supervised the study, says this type of water surveillance could help detect harmful trends. "Imagine if we were able to detect a knowable resistance in wastewater before we even see it in the community," she said.
More than half of the cells in your body are not human, but instead are microorganisms like bacteria that can affect your health. Students are now testing bacteria found in wastewater to see how much has become resistant to common antibiotics used in both humans and animals. Over-prescribing antibiotics can increase bacteria’s resistance to them and lead to a super-bug, an illness not easily treated. Carvalho says wastewater surveillance can help show how antibiotic use can impact public health. She wonders whether too many antibiotics are being used in agriculture and whether humans are using them too, when they don't really need to use them.
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Study: Industrialization Makes Wildfires Worse
UNDATED (KNS) — New research makes clear that industrialization has made wildfires worse. Scientists say greenhouse gases cause global warming and a hotter planet translates into more dry conditions, which are ripe for wildfires in places like Kansas, Oklahoma and Texas. But now, there’s something else at play: University of California scientists say the increased CO2 spurs so much plant growth that extra kindling is also a key driver of wildfires. Scientists at Kansas State University have shown that extra CO2 is one reason prairies are turning into woodland and shrub-land. That conversion is making Great Plains wildfires fiercer and harder to control.
Check out this related article about wildfires across the High Plains: A "Green Glacier" of Trees and Shrubs Is Burying Prairies,Threatening Ranchers and Wildlife
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An Adored Ostrich at the Topeka Zoo Has Died After Swallowing a Staff Member's Keys
TOPEKA, Kan. (AP) — A beloved ostrich at the Topeka Zoo & Conservation Center in Kansas has died after swallowing a staff member's keys.
The zoo announced in a social media post on Friday that the 5-year-old ostrich named Karen had reached beyond her exhibit's fence and grabbed and swallowed the employee's keys. Staff consulted with experts around the U.S. “to undergo surgical and non-surgical efforts to minimize the impact of the keys. Unfortunately, these efforts were unsuccessful,” the zoo said.
Karen was euthanized Thursday and “passed away in staff’s hands,” Topeka Zoo Interim Director Fawn Moser said in an email.
“We are devastated by the loss of Karen,” Moser said in a statement. “She was not just an animal; she was a beloved member of our community. Our thoughts are with our dedicated animal care team, who formed deep bonds with Karen during her time with us.”
The adored ostrich had been at the zoo since March 2023. She was known for her love of playing in water “and, best of all, being our 'dancing queen!'" the zoo said.
The zoo said it undertook an investigation and “is taking appropriate actions regarding the team member involved.” The zoo also said it would review and enhance safety protocols for its animals.
The Topeka Zoo & Conservation Center is home to more than 300 animals exhibited throughout 35 acres, according to its website.
(–Additional Reporting–)
Ostrich Dies at Topeka Zoo
TOPEKA, Kan. (WIBW) — An ostrich at the Topeka Zoo has died after after swallowing a set of keys. WIBW TV reports that the ostrich, named Karen, reached through a fence, grabbed the keys belonging to a staff member and swallowed them. Zoo officials say they consulted with experts across the country to undergo surgical and non-surgical efforts to treat the ostrich, but those efforts were unsuccessful. Zoo officials conducted an investigation following the incident and are now reviewing safety protocols.
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KC Current Owners Announce Plans for Stadium District Along the Kansas City Riverfront
KANSAS CITY, Mo. (AP) — The ownership group of the Kansas City Current announced plans Monday for the development of the Missouri River waterfront, where the club recently opened a purpose-built stadium for the National Women's Soccer League team.
CPKC Stadium will serve as the hub for the project, which will break ground later this year and include residential units, public recreation and gathering spaces, and restaurant locations designed to create a pedestrian-friendly neighborhood setting.
Chris and Angie Long, part of the KC Current ownership group, said in a statement that more than $200 million in private funds have been guaranteed for the project. It is expected to exceed $800 million in total investment.
“Kansas City was founded at the confluence of the Missouri and Kansas rivers. With the next phase of our investment in Berkley Riverfront Park, our goal is to reconnect Kansas Citians to their riverfront, bringing even more energy and activity to the water,” Angie Long said. "We believe this foundational investment will benefit our community for years to come and cement the Berkley Riverfront as one of Kansas City’s great neighborhoods for residents and visitors alike.”
The announcement of the waterfront district, which lies on the north edge of downtown Kansas City, comes after residents in Jackson County, Missouri, voted down the extension of a sales tax initiative that would have earmarked money for the Chiefs and the Royals. The Chiefs wanted to use their share to help fund renovations to Arrowhead Stadium, while the Royals hoped to use their share to help fund a new stadium that would anchor a ballpark district at the southern edge of the downtown area.
The renderings unveiled by the KC Current show modern glass-and-stone buildings along with a promenade, and the club said the intention is for public spaces to be used year-round for movie nights, food festivals, live music and other gatherings.
The centerpiece of the project remains CPKC Stadium, which opened March 16. The $117 million stadium was almost entirely financed through private money and is believed to be the first of its size built for a women's professional sports franchise.
“We are creating an experience on par with some of the best waterfront redevelopment projects in the country,” Chris Long said. “The Berkley Riverfront is the front door to Kansas City and our aim is to make it a world-class destination for all in our region.”
Marquee Development is leading the development alongside the KC Current. It has worked on projects such as Gallagher Way near Wrigley Field in Chicago, the North Loop Green in Minneapolis and FC Cincinnati's mixed-use district.
Perkins Eastman will provide the architectural designs. It has worked on waterfront projects in New York and Washington.
The club said an impact study estimated the first phase of this project would deliver more than $210 million in economic output for the city over the next 30 years. It also said a portion of the residences would be set aside for lower-income housing.
“The historic development plan signed with the Current will connect Kansas Citians and visitors to entertainment, housing and retail opportunities," Kansas City Mayor Quinton Lucas said, "generating millions in economic activity and thousands of jobs for generations to come in a long-underinvested area.”
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