Kansas Supreme Court: State Constitution Includes Right to Abortion
TOPEKA, Kan. (AP) — For the first time, the state's highest court has ruled that the state constitution protects abortion rights. In a decision released today (FRI), the court blocked a first-in-the-nation ban on a common second trimester method for ending pregnancies. The state Supreme Court's ruling represented a big victory for abortion rights supporters in a state with a Republican-controlled Legislature hostile to their cause. It comes with other, GOP-controlled states moving to ban most abortions in direct challenges to the U.S. Supreme Court's historic 1973 Roe v. Wade decision legalizing abortions across the nation. The Kansas decision prevents the state from enforcing a 2015 law that could have greatly limited second-trimester abortions. But even worse for abortion opponents, the ruling clears the way for legal challenges to a string of abortion restrictions approved in recent years by state lawmakers under past Republican governors.
The court said vague language in the Kansas Constitution guaranteeing individual rights protects a woman's right to obtain an abortion independent of the U.S. Constitution. Kansas courts could therefore strike down restrictions that have been upheld by the federal courts.
The ruling is certain to prompt abortion opponents to push to amend the state constitution. Democratic Governor Laura Kelly, who took office in January, is a strong abortion-rights supporter, but the Legislature still has solid anti-abortion majorities. In previous cases, Kansas' highest court avoided the question, allowing U.S. Supreme Court decisions to determine what restrictions would be allowed. But a state district court judge ruled in blocking the 2015 law that the Kansas Constitution grants its own protections. The decision comes two years after the Kansas court heard arguments from attorneys, an unusually long delay for a ruling. Iowa's Supreme Court issued a similar decision in 2018.
The Kansas Bill of Rights says residents have "natural rights" including "life, liberty and the pursuit of happiness" and that "free governments" were created for their "equal protection and benefit."
The state's attorneys argued there is no evidence that when the state constitution was written in 1859, its drafters contemplated abortion rights. In the Kansas Territory, abortion was illegal except to save a woman's life, and that policy carried over in the new state's laws.
The Kansas law at issue would bar physicians from using forceps or similar instruments on a live fetus to remove it from the womb in pieces, using the non-medical term "dismemberment abortion" to describe the procedure. Such instruments are used in dilation and evacuation procedures, which the Center for Reproductive Rights has described as the safest abortion procedure in the U.S. in the second trimester.
The Kansas law was model legislation drafted by the National Right to Life Committee. The group says similar bans have been enacted in 10 other states — Oklahoma, West Virginia, Mississippi, Alabama, Louisiana, Arkansas, Texas, Kentucky, Ohio and North Dakota.
Abortion providers reported performing 484 dilation and evacuation procedures in Kansas in 2018, according to state health department statistics. That was 6.9% of the state's total abortions; most pregnancies were terminated during the first trimester.
The lawsuit against the Kansas law was filed by Drs. Herbert Hodes and Traci Nauser, a father and daughter who operated a women's health center together in the Kansas City suburb of Overland Park. Hodes has since retired.
After the district judge's ruling put the law on hold, the Kansas Court of Appeals split 7-7, allowing the judge's decision to stand.
(earlier reporting)
Kansas Supreme Court: State Constitution Includes Right to Abortion
UPDATE: The Kansas Supreme Court has ruled that the state constitution protects the right of women to have an abortion. In its ruling released today (FRI), the high court said a woman has the right to "...make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy. Although not absolute, this right is fundamental." Today's ruling is seen as a massive victory for supporters of abortion rights. Abortion opponents have said in the past that if the court rules the state constitution protects a woman's right to an abortion, they will move to change the state constitution with an amendment. Justice Caleb Stegall, who was appointed to the Supreme Court by former Republican Governor Sam Brownback, dissented from the opinion. (More details to follow later today.)
(earlier reporting)
Top Kansas Court Set to Rule on Whether State Constitution Includes Right to Abortion
TOPEKA, Kan. (AP) — Kansas's highest court is preparing to rule on whether the state constitution protects abortion rights. The state Supreme Court said it would issue a decision Friday in a lawsuit filed by two abortion providers in 2015 against a Kansas law banning a common second-trimester procedure. A trial-court judge ruled that the state constitution's Bill of Rights provides protections for abortion rights that are independent of protections under the U.S. Constitution. If the Kansas Supreme Court agrees, state courts could invalidate abortion restrictions upheld by the federal courts. Such a decision also would likely spur an attempt from abortion opponents to amend the state constitution. The law's fate also is at issue. It was the first of its kind in the nation in 2015 but has yet to be enforced.
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Kansas Agency Investigated Abuse and Neglect Allegations Twice; Child Still Died
WICHITA, Kan. (AP) — Kansas child welfare authorities conducted two investigations of a Wichita couple before their 3-year-old son was found dead in his crib. The Kansas Department of Children and Families on Thursday completed its investigation into the April 12 death of Zaiden Javonovich. The agency found physical abuse and neglect in the case but provided no further details. In a report summary obtained by The Associated Press through an open records request, the agency said it investigated a report in November 2017 that Zaiden's mother, Brandi Marchant, made homicidal and suicidal statements in front of her children. Investigators couldn't substantiate the report. In November 2018, DCF investigated a report that Zaiden's younger brother tested positive for marijuana at birth. That report was reassigned for a Family in Need of Assessment, and the case was closed in January.
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Federal Judge in Kansas Charged in DUI Case
KANSAS CITY, Kan. (AP) — A federal judge in Kansas is facing charges after being arrested on suspicion of driving under the influence. Johnson County Court records show that 70-year-old Kathryn Vratil was arrested Thursday night. She is charged in Johnson County District Court with driving under the influence and improper driving. Vratil is a senior judge for the U.S. District Court for the District of Kansas. The Kansas City Star reports a complaint filed Friday says Vratil was arrested by a Kansas Highway Patrol trooper. She posted a $1,000 bond. Her next court appearance is scheduled for May 21. Chief Judge Julie Robinson said in a statement Friday that the federal court will handle the incident as a personnel matter and have no further comment.
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Ex-Topeka Correctional Employee Charged with Abusing Inmates
TOPEKA, Kan. (AP) — Prosecutors say a former Topeka Correctional dental instructor has been charged with inappropriate conduct with female inmates. The Kansas Department of Corrections said Friday that Shawnee County officials charged Tomas Co with seven counts of unlawful sexual relations. Co supervised inmate training in a program that taught inmates to make dentures. The Topeka Capital-Journal reports each charge against Co involves a different inmate in incidents that allegedly occurred between 2014 and 2018. The newspaper said documents it obtained show the corrections department was made aware of the alleged sexual misconduct more than two years ago. State and federal auditors recommended Co be fired but he continued to work until he was placed on administrative leave in November 2018. Co was arrested in Oklahoma and booked into jail there April 8 as a fugitive from justice.
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Kansas Lieutenant Governor Rogers, Leaders of Other States Hit by Flooding Meet Again with Corps
COUNCIL BLUFFS, Iowa (AP) — The leaders of several Midwest states hit recently by flooding along the Missouri River say they've received assurances from the U.S. Corps of Engineers that the states will "have a seat at the table" when it comes to river management decisions. The Republican governors of Iowa, Nebraska and Missouri and Kansas's Democratic lieutenant governor all met with Corps officials in the western Iowa city of Council Bluffs on Friday, the second such meeting since last month's devastating floods. Nebraska Gov. Pete Ricketts said the states are considering pushing for formation of a Missouri River management commission — similar to the Mississippi River Commission — that would include representatives from the states. Iowa Gov. Kim Reynolds also said repair contracts for three of the river's larges breaches have already been awarded and that some of the repairs could be finished as early as July.
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Elite Service Members Compete for "Best Ranger" - and One of the Winners is from Lawrence
FORT BENNING, Ga. (AP) — There's tough, there's Army Ranger tough and then there's the toughest of the tough, the handful named Best Ranger. Earlier this month, 106 elite members of the U.S. military spent 60 grueling hours competing as two-member teams for the Best Ranger title. With little sleep, they marched, ran, swam, rappelled and swung hand over hand on ropes across a wilderness area at Fort Benning in Georgia. They fired rifles and machine guns, performed simulated combat rescues, navigated at night and tackled other daunting challenges. In the end, Captains John Bergman and Michael Rose, in the Army's 101st Airborne Division, took the prize. The 29-year-old Bergman grew up in Lawrence, Kansas. The 28-year-old Rose grew up in Roswell, Georgia. Both men will become company commanders soon. They said they want to inspire their troops with a determination to excel. Bergman added that as they prepare to become company commanders, both officers want to instill that message in the soldiers under their charge: "No matter what you achieve, there's always something else greater that you can become."
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Study: Kansas Juvenile Arrests Drop as Reforms Get Underway
TOPEKA, Kan. (AP) — A study shows that fewer juveniles have been arrested and held in the Kansas juvenile justice system while the state has been investing in alternatives to incarceration. The Topeka Capital-Journal reports that the Pew Charitable Trusts found that the number of juvenile arrests in Kansas fell by 29% between 2015 and 2017. Researchers say the state's population of youth placed in detention facilities or group homes declined by 63% from 2015 to 2018. The changes align with when Kansas began funneling budget savings into community-based therapy and intervention programs designed to keep families together. Lawmakers passed a bill in 2016 to redirect at-risk youth into alternative programs. Pew research manager Dana Shoenberg says Kansas is an example of how states can reform their juvenile justice system while containing costs.
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District Fires Teacher After Video Shows Child Being Kicked
SHAWNEE, Kan. (AP) — The Shawnee Mission School District says it fired an elementary school teacher after a video showed her kicking a 5-year-old girl in the back.KCTV reports the incident occurred February 21 at Bluejacket-Flint Elementary School in Shawnee. The girl's mother said her daughter had a large red mark on her arm after school that day and said the teacher hit her. A video obtained by the station shows the child refusing to leave the library with the other students and hiding in a bookshelf. The teacher is seen dragging the girl out of the bookshelf and kicking her in the back. Shawnee Mission district spokesman David Smith says the district feels terrible about the situation. The Johnson County District Attorney's Office is reviewing the case.
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KC Chiefs Say DA Looking Again at Tyreek Hill Case
OVERLAND PARK, Kan. (AP) — Kansas City Chiefs coach Andy Reid says a local prosecutor has reopened a domestic violence investigation involving suspended wide receiver Tyreek Hill. Reid made the comment Friday as the Chiefs grappled with the fallout from a case involving one of their star players. Johnson County District Attorney Steve Howe did not return a call seeking comment. On Wednesday, Howe said he would not file charges against Hill or his fiancee, Cristal Espinal, even though his office believed a crime had occurred last month involving the couple's 3-year-old son. He said available evidence didn't establish who had hurt the child. A day later, a TV station aired audio recording in which Hill and Espinal discuss injuries to their son. Shortly after that, the Chiefs suspended their two-time Pro Bowl player.
(-Related-)
Chiefs Defend Clark Deal in Wake of Hill Case
OVERLAND PARK, Kan. (AP) — The Kansas City Chiefs are defending their decision to give pass rusher Frank Clark a $105.5 million, five-year contract despite a history of domestic violence in the wake of a criminal investigation of wide receiver Tyreek Hill for his role in an alleged child abuse case. Clark was acquired in a trade with Seattle this week, then given the largest contract in franchise history. But he arrives with off-the-field baggage from his time at Michigan, where Clark was kicked off the team his final season because of his case. Chiefs general manager Brett Veach acknowledged "when a player of this magnitude comes in with a contract like this, he has a responsibility." Veach also insisted that Clark has done enough work in the Seattle community to show he has put his past behind him.
(-Related-)
Police Reportedly Called to Home of Chiefs' Tyreek Hill
OVERLAND PARK, Kan. (AP) — Police were called to the home of Kansas City Chiefs wide receiver Tyreek Hill shortly after a television station aired an audio recording in which he and his fiancee discuss injuries to their 3-year-old son — a case that has gotten the star player suspended and focused attention on a prosecutor's decision not to file domestic abuse charges. Several media outlets reported Friday that Overland Park police went to the home of Hill and his fiancee, Crystal Espinal, on Thursday night after receiving an anonymous call from someone worried about Espinal. According to the reports, Espinal was fine and officers were at the home for only a short time. A spokesman for Overland Park police didn't immediately return a call from The Associated Press. Police were called to the home twice last month and determined the boy had been injured. On Wednesday, Johnson County District Attorney Steve Howe said he would not file charges against Hill or Espinal even though his office believed a crime had occurred . He said available evidence didn't establish who had hurt the child.
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Contractor Fined $44K for Botching Tiny House Project
WICHITA, Kan. (AP) — A Kansas construction contractor has been fined $44,000 after botching a tiny house project. A Sedgwick County judge found that Rogers Contracting owner Brad Rogers, of Haysville, committed "deceptive and unconscionable" acts while converting a garage building into a micro-home for a Mulvane woman. The Wichita Eagle reports that Rogers did the work without the required building permits or inspections, so the customer couldn't get a certificate of occupancy to use the property. Court records say some of the electrical work was found to be substandard and drywall had to be torn out and replaced to correct the problem. It wasn't the first time Rogers and his company have been in legal trouble. The latest case was a violation of a 2017 consent settlement against Rogers for deceiving four customers.
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6-Year-Old Boy Dies from Injuries in Kansas ATV Crash
LONGTON, Kan. (AP) — Authorities say one of two brothers hurt in an all-terrain vehicle crash in rural southeast Kansas has died from his injuries. Kansas Highway Patrol Trooper Rick Wingate identified the boy as 6-year-old Owen Cannon, of Longton. The Wichita Eagle reports that his 9-year-old brother was driving the ATV when it crashed into a pickup truck on April 18 while cresting a hill on an Elk County gravel road. Both boys were flown away from the wreck. The truck driver wasn't hurt. A GoFundMe says the older boy had a broken leg, while Owen had swelling on his brain and cracked vertebrae in his neck. Wingate says the investigation is ongoing.
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Police Shoot, Wound Robbery Suspect in Kansas City, Kansas
KANSAS CITY, Kan. (AP) — Authorities say officers have shot and wounded a suspected robber after he fired at them at a drugstore in Kansas City, Kansas. The shooting happened around 6 p.m. Thursday after officers responded to a reported robbery at a CVS store. Police Chief Terry Zeigler says the suspected robber came out of the store and shot at police. Officers then returned fire, hitting the suspect. Zeigler said later in a tweet that the suspect was taken to a hospital and was in stable condition. His name wasn't immediately released. Zeigler says no officers were hurt.
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Man Convicted of 18 Sex Crimes Involving a Minor
PITTSBURG, Kan. (AP) — A Guatemalan man is facing several life terms after he was found guilty of 18 child sex crimes. Crawford County Attorney Michael Gayoso says 38-year-old Francsico Eduardo Noches-Padilla was found guilty Thursday of 13 counts of rape of a child, four counts of aggravated indecent liberties with a child and one count of aggravated criminal sodomy. The Pittsburg Sun reports that on 15 of the 18 charges, he faces life without the possibility of parole for 25 years. Prosecutors say the crimes involve several acts committed on one child between 2012 and 2017.
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Worlds of Fun Bans 9 Minors After Weekend Disturbance
KANSAS CITY, Mo. (AP) — The Worlds of Fun amusement park banned nine people after fights last weekend involving crowds of young people. More than five law enforcement agencies went to the park Saturday night after an off-duty Clay County sheriff's deputy called for help. The Kansas City Star reports police estimated up to 300 teenagers were involved but Worlds of Fun officials have said fewer people were involved in the fights, while many others were bystanders. Worlds of Fun spokesman Chris Foshee said the nine people banned from the park were minors. No one was arrested but a citation was issued to a 17-year-old who is believed to be the instigator of the fights. Foshee said the cause of the disturbance is unknown.
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Former YMCA Worker Sentenced for Child Sex Abuse at Center
WICHITA, Kan. (AP) — A former worker at the Wichita YMCA was sentenced to 27½ years in prison for sexually assaulting two young children. Twenty-two-year-old 22-year-old Caleb Gaston was sentenced Friday. He pleaded no contest in February to two counts of rape. Authorities say in January 2018, Gaston sexually abused a 3-year-old and a 4-year-old in his care at the YMCA branch's Kid Zone. Police arrested him after the 4-year-old girl reported that he had hit her and then touched her inappropriately. KAKE-TV reports that before sentencing, Gaston apologized and said he had never had legal troubles until he became convicted to drugs. Before the YMCA incidents, Gaston was fired from another day care job after complaints he had inappropriately touched children. The Kansas Department of Health and Environment couldn't substantiate the allegation.
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Man Sentenced to Life in Deadly 2016 Killing in Wichita
WICHITA, Kan. (AP) — A Wichita man has been sentenced to life in prison for fatally shooting a man who was staying at his home. The Wichita Eagle reports that 62-year-old Casimiro Nunez won't be eligible for parole for 50 years under the sentenced ordered Wednesday. He was convicted last month of first-degree murder and possession of methamphetamine with intent to distribute in the October 2016 killing of Antonio Guzman. The victim was shot three times in Nunez's home in the Planeview neighborhood in the southeast part of the city
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Wichita Man Given Probation for Running Gambling Business
WICHITA, Kan. (AP) — A 68-year-old Wichita man was sentenced to two years of supervised probation and ordered to forfeit more than $1.6 million in cash for operating a gambling business. U.S. Attorney Stephen McAllister said in a news release that Danny Chapman was also ordered on Thursday to forfeit cars, jewelry and other items. Chapman pleaded guilty to tax evasion and operating an illegal gambling business. In his plea, Chapman admitted he was a sports bookmaker in the Wichita area, with at least five people working for him. Chapman and subordinates kept part of the money they collected from bettors. Prosecutors say the operation grossed as much as $2,000 in a single day. Chapman also admitted he didn't pay almost $345,000 in federal income taxes on money he made from the gambling operation.
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Homecoming Day Arrives for Korean War Soldier
LEAVENWORTH, Kan. (AP) — A Missouri soldier who was killed 68 years ago during the Korean War has been reburied close to home after his remains were identified through DNA. The St. Joseph News-Press reports that U.S. Army Cpl. Frederick Eugene Coon, of St. Joseph, was last seen manning a roadblock on July 29, 1950. The 22-year-old member of the 24th Infantry Division initially was buried by a South Korean villager and then was interred for 65 years in Hawaii as an unknown soldier. Among those who turned out Wednesday for a funeral in St. Joseph and burial at the National Cemetery in Leavenworth, Kansas, was his nephew, Jerry Coon. He said it "brought closure for the whole family" and added that he felt "a sense of peace just having Freddie back home."
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Agency: Bottles from Missouri Winery at Risk of Exploding
JEFFERSON CITY, Mo. (AP) — A Missouri agency is warning merchants and consumers that bottles from a central Missouri winery pose a risk of exploding. The Division of Alcohol and Tobacco Control said Thursday that the issue came to its attention during a routine inspection, when a wine bottle from Casa de Loco in Eldon exploded. The agency learned from retailers — all in Missouri — of additional explosions. What's causing the explosions is unclear but anyone possessing a bottle should put it somewhere to minimize damage. A phone message left with Casa de Loco was not immediately returned. Missouri health investigators also are looking into potential health and sanitation violations at the winery. The wines are sold under six names: Applesauced, Bellini Gold, Coming in Hot, Kona Lover Port, OCD, and Peachy Thoughts.
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Kansas Graduate Leaves $4.2 Million for Nursing Education
KANSAS CITY, Kan. (AP) — A University of Kansas graduate has donated $4.2 million to fund education for the school's nursing students. The KU Endowment on Thursday announced the gift from the estate of Margaret Ann Zimmerman, who received her nursing certificate from the university in 1947. The money will be used to create a scholarship in Zimmerman's name and to provide financial assistance to full-time doctoral and postdoctoral students. The Lawrence Journal-World reports the donation also will be used to recruit for the undergraduate nursing honors program and the school's Nursing Pathways program, which focuses on diversity. Zimmerman spent her career as a nurse and retired as a child health nursing supervisor at the Montgomery County Health Department in Maryland. She died in Silver Spring, Maryland, in 2017 at the age of 94.
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