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Headlines for Thursday, February 28, 2019

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Kansas Reduces Payments to Prison Health Care Company

TOPEKA, Kan. (AP) — The company that provides health care in Kansas prison is being paid millions less than it is due because it didn't meet some of the agreement's terms.  The Kansas News Service reports Tennessee-based Corizon Health didn't hire enough nurses and other health workers, and didn't meet other performance standards.  The state currently has a $68.8 million contract with Corizon. The state penalized the company $534,880 for not meeting performance standards last year.  Keith Bradshaw, finance director of the Kansas Department of Corrections, told lawmakers last month that his agency will renew its contract for Corizon for a year, rather than the two-year option in the contract. He says the second year would be renewed if things improve.  Corizon spokeswoman Eve Hutcherson said the company is evaluating the state's information.

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Kansas DCF Might Not Renew Ombudsman Position

TOPEKA, Kan. (AP) — The future of the ombudsman position at the Kansas Department for Children and Families is unclear.  In the past, the ombudsman was available for parents who were frustrated with the agency for some reason.  The department's new leaders plan to expand its team devoted to responding to foster families. Spokesman Mike Deines said Wednesday the team may not include an ombudsman because there are other ways to address families' concerns.  The Wichita Eagle reports the ombudsman position has been controversial. Because the ombudsman was a DCF employee, skeptics suggested the position did not have the independence to hold the agency accountable.  Deines said people have several ways to bring concerns to the department, including through its customer service office, a regional service center or the agency's partners.

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Kansas Senate OKs Bill for Openness on Missing Foster Kids

TOPEKA, Kan. (AP) — Kansas legislators are moving ahead with a bill aimed at making sure they and the governor are notified whenever foster children run away or go missing.  The Senate approved the measure Wednesday, 40-0, sending it to the House.  The vote came two days after new Democratic Governor Laura Kelly promised more openness about missing foster children. The state Department for Children and Families launched a new website with statistics about missing foster children to be updated daily.  The bill would require contractors providing services for abused and neglected children in foster care to notify DCF within 24 hours when a child goes missing. DCF would then have 48 hours to notify the governor and lawmakers.  DCF initially had concerns about missing children's names becoming public, but senators revised the bill.

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Youth Psychiatric Hospital to Stop Co-Mingling Some Patients

HAYS, Kan. (AP) — The operator of a children's psychiatric hospital in Hays has agreed to stop co-mingling patients needing short- and long-term care to comply with federal requirements. The Topeka Capital-Journal reports the Kansas Department for Aging and Disability Services gave the KVS Wheatland Hospital until April 1 to separate its psychiatric residential treatment from its acute care services. At issue are regulations that say residential treatment must be self-contained. The facility is the only children's inpatient provider in western Kansas. KVS spokeswoman Jenny Kutz says KDADS granted a dual license about 10 years ago to allow the hospital to meet unique needs in the underserved rural area. She says the 24-bed hospital will now designate 12 each for acute and residential care, although she says the "flexibility is not quite the same."

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County Commissioner Defends Payments in Kansas Fraud Trial

WICHITA, Kan. (AP) — A former Kansas legislator accused of fraudulently taking $10,500 from campaign funds for his personal use has told jurors it is offensive and outrageous to him that anybody would assume he would steal money. Sedgwick County Commissioner Michael O'Donnell took the stand Thursday to defend himself in his federal trial on 23 counts of wire fraud and three counts of money laundering related to his state and county campaigns. O'Donnell, a Republican, testified he is not rich, but he would never steal money. He detailed for hours on the stand his payments to staffers and other supporters that the defense portrayed as legitimate campaign expenses. He said his senate campaign owes him $3,400 for unreimbursed mileage that he could pay himself from the campaign funds.

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Filing: Schlitterbahn Has Offseason Cash-Flow Shortage

KANSAS CITY, Kan. (AP) — A public filing says a Kansas water park where a 10-year-old boy was decapitated has cash flow troubles. The Kansas City Star reports that EPR Properties said Thursday in a filing with the Securities and Exchange Commission that it agreed to advance Schlitterbahn additional amounts under the mortgage, which has an outstanding balance of nearly $180 million. The report noted an off-season shortfall and the cost of legal issues. It was released almost one week after a judge dismissed criminal charges stemming from Caleb Schwab's 2016 death. It's unclear whether Schlitterbahn has received advances in previous off-seasons. EPR's annual report from a year ago made no mention of advancing money. Schlitterbahn hasn't announced plans for the park in 2019. EPR and Schlitterbahn officials couldn't immediately be reached for comment.

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Suspect Freed in Deadly Shooting of Topeka Woman

TOPEKA, Kan. (AP) — Charges have been dropped against one of the suspects in the deadly shooting of a Topeka woman. Thirty-year-old Justin Lee McCoy was released Wednesday. He had been charged with first-degree murder in the death of Patricia Sanders, whose body was found last May in her Topeka home. Shawnee County District Attorney Mike Kagay announced Thursday that new information was turned over that requires more investigation. He noted the charges were dismissed in such a way that they could be filed again. It's the second time McCoy has been freed. He and another suspect, 27-year-old Rahnel Erik Rayford, were released previously after a judge found there wasn't probable cause to hold them. A grand jury then indicted them. Rayford is set to be tried next month on a murder charge.

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Topeka Man Charged After Being Discovered with a 14-Year-Old Castmate in Colorado

TOPEKA, Kan. (AP) — A 47-year-old man who was arrested with a former 14-year-old cast member from a Topeka community theater production is facing three charges.  Shawnee County District Court records show Michael Fitzgerald, of Topeka, was charged Wednesday with indecent liberties with a child, indecent solicitation of a child and electronic solicitation.  The Topeka Capital-Journal reports the girl was reported missing January 22. She was found two days later with Fitzgerald at a hotel in Cortez, Colorado.  The two both performed in the Topeka Civil Theatre production of "Elf: The Musical" before they went missing.  Fitzgerald remains in custody on $250,000 bond.

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Teen Sentenced to 6 Months' Probation in Gun Case at School

LAWRENCE, Kan. (AP) — A teenager involved in the exchange of a stolen handgun on Lawrence High School grounds has been sentenced to six months of probation.  The Lawrence Journal-World reports the teenager was sentenced Wednesday in a closed hearing for criminal use of a weapon.  Court documents say another teenager stolen the gun from his father Sept. 9 and provided it to the other teenager the next day.  The teen who was sentenced Wednesday was originally charged with felony theft for obtaining control of a stolen gun. Court documents show he pleaded no contest to criminal use of a weapon, a misdemeanor.  The other teen is charged with felony theft after allegedly stealing gun from his father. His case is pending.  The gun was recovered off campus.

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Hays Police Looking for Suspect in Fatal Shooting

HAYS, Kan. (AP) — Hays police are searching for a suspect in the fatal shooting of another man.  Police say officers responding to a domestic disturbance call in Hays Wednesday night found a 26-year-old man dead from a gunshot wound. His identity has not been released.  Authorities say they are searching for Ryan Paul Thompson, who fled the scene of the shooting before officers arrived.  Hays police say Thompson should be considered armed and dangerous. He is white, 5-foot-11, 175 pounds, bald with hazel eyes.  He was last seen wearing a black beanie stocking cap, black t-shirt, and black sweat pants.  The Hays Post reports Thompson has previous convictions for burglary, aggravated endangerment of a child and drug charges.

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Prosecutors Seek 25 Years in Prison for Deadly Kansas Hoax

WICHITA, Kan. (AP) — Federal prosecutors are seeking a 25-year prison sentence for a California man who made a hoax call that led police to fatally shoot a Kansas man following a dispute between online gamers.  The government argued in a filing Wednesday that 26-year-old Tyler Barriss has not shown sincere remorse. It called the scope, nature and deviousness of his criminal activity staggering, saying he risked innocent life each time he engaged in swatting.  Prosecutors contend some of the false calls to governmental entities were a form of domestic terrorism.  Barriss faces sentencing Friday in federal court in Wichita for making the false report resulting in a death. He has pleaded guilty to 51 charges related to fake calls and threats across the country.  The defense is seeking a 20-year prison sentence.

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GOP Conservatives Oppose Bill on Cabin Fees at Kansas Parks

TOPEKA, Kan. (AP) — Some conservative Republican legislators in Kansas oppose a bill that would give the state's top parks official more flexibility in setting rental fees for cabins at state parks and fishing lakes.  The Senate approved the measure Wednesday, 29-11 . It would end a requirement that the state Wildlife, Parks and Tourism Commission approve changes in cabin-rental fees.  The bill also would eliminate a $250-per-night cap on the fees.  Some conservatives objected to eliminating the cap and Republican Senator Caryn Tyson of Parker questioned why the state is in the cabin-rental business.  Kansas has 115 cabins at 25 sites, with nightly rents of between $85 and $115.  Supporters of the bill said it would allow the secretary of wildlife, parks and tourism to better set rates in line with the market.

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Missouri Proposes Truce with Kansas in Business Battle

JEFFERSON CITY, Mo. (AP) — Missouri lawmakers want to give Kansas a second shot at a truce in a long-running battle over businesses in the Kansas City area. The Missouri Senate passed legislation Thursday that would re-open a two-year window for the states to agree to quit offering tax incentives for Kansas City area businesses to move across the state line. Missouri passed a similar measure in 2014, but Kansas never agreed, and the truce offer expired in 2016. The new legislation would give Kansas a second chance to reciprocate before the offer again expires on Aug. 28, 2021. The bill now goes to the Missouri House. The Kansas City Star previously reported that research by the Hall Family Foundation found Kansas spent $184 million and Missouri $151 million over the last decade enticing Kansas City area businesses to relocate.

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Backlog of Rape Kits Will Take Missouri Years to Clear

COLUMBIA, Mo. (AP) — Law enforcement officials say it will take several years to fully clear Missouri's backlog of untested rape kits.  Missouri Attorney General Eric Schmitt said on Wednesday he has named former Jasper County Judge Keithley Williams as the coordinator for his office's Sexual Assault Kit Initiative.  The St. Louis Post-Dispatch reports the project is funded by a $2.8 million federal grant from the U.S. Department of Justice.  Schmitt says the kits are not numbers and are not footnotes to the reporting of the crime. He says they represent real human beings who have suffered and confronted their fears, reporting the sexual assault. He says they deserve more than having a kit sitting untested.  An audit conducted by then-Attorney General Josh Hawley's office last year found 5,424 untested rape kits in Missouri.

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Lawsuit: UMKC Professor Stole, Sold Student's Research

KANSAS CITY, Mo. (AP) — The University of Missouri Kansas City is accusing a pharmacy professor of stealing and selling a student's research that the school says could become a billion-dollar drug.  The Kansas City Star reports that the university filed a federal lawsuit Tuesday alleging that Ashim Mitra improperly made $1.5 million from selling former graduate student Kishore Cholkar's research. The lawsuit says Mitra could potentially earn $10 million more in royalties over the next five years.  Cholkar developed a more effective way to deliver drugs to the eye using nanotechnology.  The lawsuit says the money belongs to the university because Cholkar conducted his research while employed as a graduate research assistant at the Kansas City campus.  Mitra denies the accusations. Mitra has faced allegations in the past of coercing graduate students from India into performing personal favors, such as cleaning his basement.

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Farm Loan Delinquencies Highest in 9 Years as Prices Slump

WICHITA, Kan. (AP) — The nation's farmers are struggling to pay back their loans after years of low crop prices, with nearly one out of five loans in a government farm program now delinquent for the worst January default rate in at least nine years.  The bulk of the nation's agricultural loans typically come due around Jan. 1 for seasonal and tax planning purposes.  Figures recently compiled show an overall jump nationwide in delinquencies for producers with direct loans from the Agriculture Department's Farm Service Agency.  David Schemm, executive director of the Kansas Farm Service Agency, says 19.4 percent of FSA direct loans nationwide were delinquent in January, compared to 16.5 percent the same month a year ago.

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Kansas Lawmakers Advance Bill on Ballot Signature Problems

TOPEKA, Kan. (AP) — A bill aimed at having Kansas election officials throw out fewer ballots over problems with voters' signatures has broad, bipartisan support.  The Kansas Senate approved the measure Wednesday, 40-0, sending it to the House.  The bill deals with mail-in ballots cast in advance of Election Day. Voters must sign the ballot envelope, and county election officials can toss a ballot if a voter forgets to sign the ballot or the signature does not match what's on file.  The bill would require election officials to notify voters if a signature is missing or doesn't match. The change would give voters an extra week to fix the problem.  Former Governor Jeff Colyer lost last year's Republican primary by only 343 votes after hundreds of mail-in ballots weren't counted over signature problems.

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Kansas' Quindaro Ruins Gets New Historical Designation

KANSAS CITY, Kan. (AP) — Congress has approved a historical designation for the Quindaro Ruins, a Civil War-era port of entry into Kansas and stop along the Underground Railroad.  The Kansas City Star reports that lawmakers recognized Quindaro as a national commemorative site as part of a massive public lands package approved by Congress on Tuesday. The legislation is now headed to President Donald Trump's desk.  The designation comes from the National Park Service but falls short of national historic landmark status. Still, supporters say it creates opportunities for new assistance from the government to preserve the Kansas City site, which was once a flourishing abolitionist community.  Democratic Representative Sharice Davids called the Quindaro Townsite a "significant part of Kansas's history in the fight for freedom and equality."

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Feds Seek Multiyear Sentences in College Basketball Case

NEW YORK (AP) — Federal prosecutors have recommended multiyear prison sentences for three men convicted of fraud for channeling secret payments to the families of top-tier basketball recruits to influence where the players went to school. Former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code were convicted of conspiracy to commit wire fraud in October for funneling recruits to Louisville, the University of Kansas, and North Carolina State. On Wednesday, prosecutors in the Southern District of New York recommended a sentence of 46 to 57 months for Gatto and 30 to 37 months in prison for Code and Dawkins. They are scheduled to be sentenced next week. The schools submitted victim impact statements seeking restitutions from those convicted. Kansas asked for more than $1.1 million from Gatto and his co-conspirators. KU says it has "suffered considerable financial harm," citing losses of scholarships and financial aid to athletes and legal expenses tied to the government and NCAA investigations.

"The damage done by Mr. Gatto's and his co-conspirators' greed cannot be overstated," university counsel William Sullivan wrote.

Louisville is seeking about $32,000 in connection with Brian Bowen Jr., who was supposed to play for the Cardinals but was suspended by the school amid the corruption scandal. He also, unsuccessfully, tried to play for South Carolina

"It impacted every employee who worked with young Brian Bowen during the summer and fall of 2017," the school said.

Amy Elizabeth Shoemaker, deputy counsel for Louisville, described Bowen as an 18-year-old who "by all appearances had no idea that a handful of deceitful individuals were conspiring with his father to buy and sell his choice of school." North Carolina State is seeking $258,585, the value of the one year of tuition for Dennis Smith Jr., who played one season at the school before being an NBA lotter pick in 2017, plus attorney's fees.

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