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Headlines for Friday, February 1, 2019

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Kansas Tax Collections $49 Million Short of Expectations in January

TOPEKA, Kan. (AP) — Kansas says it collected $49 million less in taxes than anticipated in January, giving Governor Laura Kelly and lawmakers a dose of bad news as they consider budget issues. The Department of Revenue reported Friday that the state collected $646 million in taxes last month when its fiscal forecast predicted more than $695 million. The shortfall was 7.1 percent. Continuing monthly shortfalls would cloud the debate over a plan from Kelly to boost education funding and a Republican proposal for tax relief. The state has collected $4 billion in taxes since its current budget year began in July. That's $36 million less than expected, or 0.9 percent. Interim Revenue Secretary Mark Beshears said last month's shortfall is not yet a trend but added that Kansas faces a "storm of uncertainty."

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AG Files Appeal to Allow Telemedicine Abortion Ban in Kansas

TOPEKA, Kan. (AP) — Kansas is appealing a judge's ruling that allows telemedicine abortions in the state even though legislators have enacted three laws against them within eight years. Attorney General Derek Schmidt filed the appeal Friday with the Kansas Court of Appeals. Schmidt hopes to overturn a Dec. 31 decision by Shawnee County District Judge Franklin Theis in a lawsuit filed by a Wichita clinic's operators. Since October, clinic doctors have conferred with some patients through teleconferences when providing pregnancy-ending drugs. Theis ruled that a 2018 law banning telemedicine abortions has no legal force because it contained no way to punish violators. The judge also ruled that 2011 and 2015 laws are on hold indefinitely because they're covered by an injunction in a separate lawsuit challenging abortion regulations that is still pending.

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4 Die in Kansas House Fire; Cause Under Investigation

OGDEN, Kan. (AP) — Four people have died in a fire near Manhattan in a former business that was renovated into living space.  Riley County Fire Department Chief Pat Collins said the blaze started early Thursday in Ogden, which is about 5 miles southwest of the Manhattan Regional Airport.  Crews found one person on the first floor of the building and three more upstairs. All four were pronounced dead at the scene.  Collins said the fire started near the victim on the first floor. He said the damage was so extensive that the fire's cause might not be determined.  The victims were not identified by late Thursday afternoon.  Two firefighters were injured after following on ice and a paramedic suffered smoke inhalation.  Collins said the temperature was 5 degrees at the time, which quickly froze water and complicated the firefight.

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Midwest Awaits Spring-Like Thaw Just Days After Bitter Cold

CHICAGO (AP) — Many of the same Midwestern commuters who bundled up like polar explorers this week might soon get by with a light jacket.  Forecasts say the region will see a rapid thaw over the next few days, with temperatures climbing by as much as 80 degrees. Experts say it's unprecedented, and it could create problems of its own such as bursting pipes, flooding rivers and crumbling roads.  Jeff Masters is meteorology director of the Weather Underground firm. He says past cold waves have not dissipated this quickly.  Rockford, Illinois, saw a record-breaking minus 31 on Thursday but should be around 50 on Monday. Other previously frozen areas can expect temperatures of 55 or higher.

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Aide to Laura Kelly: Kansas GOP Tax Bill "Irresponsible"

TOPEKA, Kan. (AP) — Democratic Governor Laura Kelly's chief spokeswoman is calling a Republican tax relief bill "irresponsible."  Kelly spokeswoman Ashley All said Thursday that the bill endorsed by a Senate committee would undo the state's progress toward getting its finances in order.  But she stopped short of saying the governor would veto the measure if it passes.  The committee advanced the bill on a voice vote Thursday. The full Senate expects to debate it next week.  The measure is designed to prevent Kansas residents and businesses from paying more in income taxes to the state because of changes in federal tax laws at the end of 2017.  Legislators in both parties acknowledged that they don't have a good idea of how much revenue the state will lose if the bill becomes law.

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Prosecutors to Seek Death Penalty in Death of 2 Deputies

KANSAS CITY, Kan. (AP) — Wyandotte County District Attorney Mark Dupree plans to seek the death penalty against a man charged with killing two sheriff's deputies. Dupree said Friday during a hearing for 30-year-old Antoine Fielder that he will pursue the death penalty. Fielder is charged with capital murder in the deaths of Wyandotte County sheriff's deputies Patrick Rohrer and Theresa King. They were killed last June while they were transporting Fielder and another prisoner between the jail and a court hearing. Fielder allegedly disarmed them but details of the incident have not been released. Fielder also was injured during the confrontation. The Kansas City Star reports a judge on Friday ordered that Fiedler be taken to Larned State hospital for a mental evaluation. Court proceedings will be stayed until the evaluation is complete.

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Kansas Man Charged with Rape Was Out on Bond in Other Case

KANSAS CITY, Kan. (AP) — Court records show a Kansas man charged with rape had been out on bond for a previous child molestation case. The Kansas City Star reports that 23-year-old Crosson Saisi of Shawnee was arrested Friday and charged in Johnson County District Court with rape and aggravated sexual battery. The crimes allegedly occurred last October in Shawnee. The victim is listed as 22 or 23 years old. Court records in the case do not show a defense attorney. Saisi was charged in July with three counts of aggravated indecent liberties with a child, age 14 or 15, in Lenexa. He was free on bond in that case. He is also out on bond for a separate identity theft filed in October. His bond for the latest charges has been set at $500,000.

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Man Found with Dismembered Wife, 2 Kids Guilty of 3 Felonies

OLATHE, Kan. (AP) — A man arrested at a Kansas storage unit with two of his children and his dismembered wife's remains has been convicted of three felony counts of sexual exploitation of a child.  Jurors deliberated until around 12:30 a.m. Thursday before finding 36-year-old Justin Rey guilty of the felonies, as well as misdemeanor counts of child endangerment and contributing to a child's misconduct.  Rey said he cut up his wife, Jessica Monteiro Rey, after she died in October 2017 after giving birth at a Kansas City, Missouri, hotel. He was arrested with the couple's newborn and 2-year-old at a storage unit in nearby Lenexa, Kansas. Authorities say they found child porn images after Rey asked them to look at his phone for evidence he thought would help him at trial.  Sentencing is set for March 27. Rey also is charged with abandonment of corpse in Missouri and with killing a California man. He isn't charged with killing his wife.

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Wichita Man Sentenced to 50+ Years in Prison for Child Sex Abuse

WICHITA, Kan. (AP) — A 35-year-old Wichita man who was already a registered sex offender has been sentenced to about 51 years in prison for sexually assaulting three children.  Anthony Kramer was sentenced Tuesday for three counts of aggravated indecent liberties with a child and four counts of sexual exploitation of a child.  The Sedgwick County District Attorney's Office says Kramer assaulted two boys and a girl ranging in age from 1 to 6 over two days in August of 2017.  Kramer was a registered sex offender at the time.  Detectives from the Exploited and Missing Child Unit also discovered sexually explicit images of other children on Kramer's cellphone dating back to April of 2016.

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Haysville Man Sentenced to 71 Years in Prison for Raping 68-Year-Old Woman

WICHITA, Kan. (AP) — A 33-year-old Haysville man with a long record of criminal offenses has been sentenced to 71 years in prison for raping a 68-year-old woman.  Garon Spencer was sentenced Wednesday for rape, aggravated criminal sodomy and aggravated sexual battery.  Prosecutors say Spencer attacked the woman in her home on November 10, 2017.  The Sedgwick County District Attorney said in a news release that during sentencing, the judge noted Spencer's criminal history included a juvenile conviction of aggravated criminal sodomy, and adult charges of aggravated assault, criminal threat and misdemeanor sexual battery.

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Larned State Hospital Patient Convicted of Sexual Battery

LARNED, Kan. (AP) — A 65-year-old patient at the Larned State Hospital has been convicted of aggravated sexual battery involving a staff member at the hospital.  Pawnee County Attorney Douglas McNett reports Russell McFarland was convicted Wednesday. Testimony during his trial indicated that in Mary 2018, he followed a 19-year-old female staff member into a staff-only area of the hospital, forced her into a corner and tried to kiss her. He was a patient in the hospital's sexual predator treatment program at the time.  Another patient intervened and the staff member was able to get free. The Hays Post reports additional testimony showed other patients were aware McFarland was infatuated with the staff member and were watching out for her.  McFarland was returned to the hospital pending sentencing, which is scheduled for March 18.

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Woman Says She Made a Mistake Leaving Toddlers in Car

LAWRENCE, Kan. (AP) — A 26-year-old Lawrence woman accused of leaving her two toddlers in a car while she was in a bar pleaded with a judge to not take her children away from her while acknowledging that she made a mistake.  Tiara Dillon was charged Thursday with two felony counts of aggravated child endangerment and a misdemeanor count of operating a vehicle under the influence.  Judge James George ordered Dillon to have no contact with her children, who are 2 and 3.  The Lawrence Journal-World reports before George issued the no-contact order Dillon repeatedly asked him not to take her children and said she never meant to hurt her children.  Dillon was arrested early Wednesday after allegedly leaving her two children unattended in a vehicle at the Playerz Sports Bar in Lawrence bar on a dangerously cold night.

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US Government Appeals Ruling that Blocked Keystone Pipeline

BILLINGS, Mont. (AP) — The Trump administration is appealing a court ruling that blocked the Keystone XL oil pipeline. Justice Department attorneys on Friday appealed the November ruling from U.S. District Judge Brian Morris that blocked a construction permit for the 1,184-mile (1,900-kilometer) pipeline. The line sponsored by Calgary-based TransCanada would begin in Alberta and shuttle as much as 830,000 barrels a day of crude through a half dozen states to terminals on the Gulf Coast. It was rejected by former President Barack Obama in 2015. That decision was reversed in 2017 by President Donald Trump, who has promoted the $8 billion project as part of his effort to boost American energy industries. After environmental groups sued, Morris said the administration had not fully considered potential oil spills and other impacts and that further reviews were needed.

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3 Sentenced for Luring Men with Ads to Commit Robberies

KANSAS CITY, Mo. (AP) — Two brothers and a woman have been sentenced for their roles in a scheme to lure victims with online advertisements in order to rob them. Federal prosecutors say 22-year-old Dylan Houston and 29-year-old Andrew Houston, both from Kansas City, and 36-year-old Nicole Waguespack, of Sugar Creek, were sentenced in separate appearances in federal court Thursday. Dylan Houston was sentenced to 12 years without parole, Andrew Houston was sentenced to seven years and eight months without parole, and Waguespack was sentenced to four years and nine months without parole. They are among 10 defendants who have been sentenced in this case. Two others have pleaded guilty and await sentencing. Prosecutors say the conspirators posted ads on several websites. When customers arrived, the conspirators ambushed them and robbed them at gunpoint.

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Man with Only 1 Known Relative Honored at Military Service

JUNCTION CITY, Kan. (AP) — About 100 people responded to public pleas to attend the funeral of a 63-year-old Junction City veteran.  Army soldiers and members of the public braved frigid weather Wednesday to attend services for Servando "Kiko" Silva-Jimenez, who served as a medic in the U.S. Army. He died January 15 at Geary Community Hospital in Junction City.  The Manhattan Mercury reports officials with the Johnson Funeral Home tried for days to find Silva-Jimenez's relatives. Social media posts began circulating asking that people attend Silva-Jimenez's services at the Kansas Veterans Cemetery.  However, at the last minute, cemetery manager Cecelia Shellnute said officials found Silva-Jimenez's brother in Puerto Rico and he was able to get to Manhattan for the funeral.

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Judge: Johnson County Must Provide Names on Rejected Ballots

OVERLAND PARK, Kan. (AP) — A Johnson County District Court judge has ruled that Johnson County violated Kansas open records law by refusing to provide names of hundreds of people whose provisional ballots were not counted in the August primary.  The American Civil Liberties Union, on behalf of voting rights advocate Davis Hammet, sought the names and justification for why the ballots didn't count. Johnson County election commissioner Ronnie Metsker rejected Hammet's request, prompting a lawsuit.  The Topeka Capital-Journal reports District Judge David Hauber on Thursday ruled in favor of Hammet and the ACLU.  The county dismissed 898 ballots in the August primary for several reasons.  Hammet said the county didn't notify people before throwing out their ballots. He said Thursday's ruling means elections officials will have to have strict standards before rejecting ballots.

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Hunters Find Mountain Lion Carcass in North-Central Kansas

TOPEKA, Kan. (AP) — State game wardens have confirmed a mountain lion carcass was found in north-central Kansas.  The Kansas Department of Wildlife, Parks and Tourism reported Thursday that hunters found the female lion's remains in Rooks County, just north of Hays.  The agency said the group of hunters contacted a local game warden. The incident is still under investigation.  The Topeka Capital-Journal reports it is the first mountain lion spotting in Kansas since 2016, though several unconfirmed sightings have been reported.  It is the 21st confirmed sighting in Kansas since 1990, though there were no confirmed sightings between 1990 and 2005.

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No Charges Against ICE Agent in Confrontation with Lawyer

KANSAS CITY, Mo. (AP) — Federal prosecutors say an Immigration and Customs Enforcement official who was videotaped apparently shoving a Kansas City attorney to the ground last year won't face criminal charges.  Lawyer Andrea Martinez said her foot was broken during the confrontation in June at an ICE office in northern Kansas City. She filed a complaint alleging unlawful use of force against the official, Everett Chase. The U.S. Inspector General investigated the complaint.  U.S. Attorney Timothy Garrison said Thursday the evidence didn't support Martinez's allegations.  The confrontation occurred when Martinez was escorting a 3-year-old who was being reunited with his mother, a Honduran citizen who was being deported.  Garrison said more than 30 people, including demonstrators and film crew, came to the ICE office at 3 am to make a spectacle, and the officer was justified in securing access to the office.

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Survey Suggests Solid Economic Growth Ahead for Midwest

OMAHA, Neb. (AP) — A new report says a January survey of business supply managers is signaling solid economic growth over the next three to six months for nine Midwest and Plains states.  The report issued Friday says the Mid-America Business Conditions Index rose to 56.0 last month from 55.2 in December. The November figure was 54.1.  Creighton University economist Ernie Goss oversees the survey, and he says the shortages of skilled workers and international trade tensions remain an impediment to even stronger growth.  The survey results are compiled into a collection of indexes ranging from zero to 100. Survey organizers say any score above 50 suggests growth. A score below that suggests decline.  The survey covers Arkansas, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma and South Dakota.

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Democrats Gain in Statehouses as Some GOP Lawmakers Defect

TRENTON, N.J. (AP) — Democrats continue to add to the gains they made in state legislatures during November's election thanks to defections from Republican lawmakers.  Since then, a handful of Republicans in California, Kansas and New Jersey have switched their party affiliations to become Democrats.  They cited various reasons, but the party-switchers have one thing in common: They say the GOP under President Donald Trump has become too extreme.  One of the switchers, Kansas state Sen. Barbara Bollier, says: "The Republican Party, for all of its statements of having a big tent, continues to limit the tent." She adds:  "Those of us who were moderates are clearly not welcome."  The latest party-flip came this week in New Jersey, when state Sen. Dawn Marie Addiego left the GOP.

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Kansas Teen with Unexplained Lung Condition Returns Home

KANSAS CITY, Mo. (AP) — A teen who became the first patient at a Kansas City hospital to walk while on life support has recently returned home. The Kansas City Star reports that Zei Uwadia left Children's Mercy Hospital on Thursday after being hospitalized for more than a year for unexplained lung failure. Zei will continue to recover at home in Wichita, Kansas. The now 17-year-old inspired hundreds of thousands of people who watched videos of her walking down the hospital's halls while on extracorporeal membrane oxygenation (ECMO), an invasive form of life support. Doctors still don't know what caused Zei's lungs to fail, but she's no longer on ECMO and instead uses a tracheostomy, a tube in her neck that helps her breathe. Zei says she's looking forward to having more freedom.

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Man Charged in 3 Deaths in KCK Fire

KANSAS CITY, Kan. (AP) — A 40-year-old man has been charged with killing three people whose bodies were found after a fire in Kansas City, Kansas. The Kansas City Star reports Carlisle Hervey is charged with three counts of first-degree murder and aggravated arson in the 2017 deaths. The victims were 53-year-old Gwinn Green, 61-year-old Ronald Guess and 54-year-old Kevin McBride, all from Kansas City, Kansas. Firefighters found the bodies after extinguishing a fire at the home on Dec. 12. Police have not said how the victims died or why Hervey has been linked to the slayings and the fire. Hervey is being held on a $1 million bond. No court date has been set.

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Missouri Sanctioned by NCAA After Academic Misconduct

KANSAS CITY, Mo. (AP) — The NCAA has sanctioned Missouri's football, baseball and softball programs after an investigation revealed academic misconduct involving a tutor who completed coursework for athletes.  Among the penalties handed down Thursday were three years of probation and one-year postseason bans for all three programs. That means the baseball and softball teams will be ineligible for the NCAA Tournament this season and the football team will be ineligible for a bowl game this fall.  The school must also vacate all games in which the 12 students whose work was completed by the tutor participated. Each program will also have 5 percent fewer scholarships for the upcoming year, and a series of recruiting restrictions that include fewer visits.  The NCAA has also fined the school $5,000 plus 1 percent of each program's budgets.

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NCAA Rules Jayhawks' De Sousa Ineligible for Season

LAWRENCE, Kan. (AP) — The NCAA has declared University of Kansas forward Silvio De Sousa ineligible for the remainder of this season and all of next season after his name surfaced in the FBI probe into college basketball corruption. In a statement late Friday, the NCAA said that De Sousa's guardian received a $2,500 payment from a university booster and agent and agreed to receive an additional $20,000 from the same individual and an Adidas employee for securing his commitment to the Jayhawks. KU said it intends to appeal the decision. De Sousa arrived at Kansas for the second semester last season, and played an integral role in their Final Four appearance. But after his name surfaced in the FBI probe into Adidas over the summer, the school announced that it would withhold De Sousa from competition pending an investigation.

KU coach Bill Self decried the NCAA's decision, saying "in my 30-plus years of coaching college basketball I have never witnessed such a mean-spirited and vindictive punishment."

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