Kansas Court's Reversal of Kidnapping Conviction Prompts Call for New Legal Rule
TOPEKA, Kan. (AP) — Three members of the Kansas Supreme Court want to make it easier for prosecutors to convict defendants of kidnapping, saying in a dissenting opinion Friday that the court should abandon a legal rule it has used for nearly 50 years in reviewing criminal cases.
The court issued a 4-3 decision in the case of a Finney County man convicted of aggravated kidnapping, aggravated rape and aggravated sodomy over a December 2018 attack on a woman in her home. While the court upheld Michael Wayne Couch's other convictions, it reversed his kidnapping conviction. The majority invoked a rule imposed in a 1976 decision that similarly involved multiple crimes. In that earlier case, the court declared that a defendant could not be convicted of kidnapping if the actions covered by that charge are “inherent” in another crime, are “slight or inconsequential” or have no "significance independently.”
The Supreme Court in 1976 gave examples. It said a robbery on the street does not involve kidnapping, but forcing the victim into an alley does. Moving a rape victim from room to room in a house for the rapist's “convenience” is not kidnapping, but forcing the victim from a public place to a secluded one is. According to the court's opinion, Couch broke into the home of the victim, identified only as H.D., threatened her with a knife and forced her to move throughout the house. The majority concluded that moving the victim through the house did not “facilitate” Couch's sex crimes by making them “substantially easier to commit” or helping to hide them. But Justice Caleb Stegall said in a dissenting opinion that the 1976 rule is “difficult and cumbersome to apply” and goes against “plain and unambiguous” language in the law defining kidnapping as confining someone using force, threats or deception. He was joined in his dissent by Chief Justice Marla Luckert and Justice Evelyn Wilson, both former trial court judges.
“We have repeatedly recognized that the Legislature, not the courts, is the primary policy-making branch of the government and that it is not within our power to rewrite statutes to satisfy our policy preferences,” Stegall wrote. “In my view, vindicating these principles far outweighs continued adhearance to a wrongly decided and badly reasoned precedent.”
If a sex crime also is involved, a conviction in Kansas for aggravated kidnapping, or harming someone during a kidnapping, carries a penalty of at least 20 years in prison. Couch was sentenced to nearly 109 years in prison for all of his crimes.
The arguments among the seven justices in Kansas echoed arguments among U.S. Supreme Court members in a far different context in the Dobbs decision last year overturning Roe v. Wade and allowing states to outlaw abortion. Five conservative justices rejected arguments that the court should uphold Roe v. Wade because it was well-settled law, protecting access to abortion for nearly 50 years. In Friday's ruling, Kansas Justice K.J. Wall said the state's appellate courts have long relied on the 1976 decision to decide whether a kidnapping occurred. Neither side in Couch's case asked for it to be overruled, he wrote.
“And we have previously declined to reconsider precedent under similar circumstances,” Wall wrote. He was joined in the majority by Justices Dan Biles, Eric Rosen and Melissa Standridge. Rosen is a former trial court judge.
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Panel Votes to Increase Kansas Legislative Postage Budget
TOPEKA, Kan. (KPR) — A panel of legislative leaders has voted to more than double the amount of money given to lawmakers for mailing letters to their constituents. Representatives currently have a combined printing and postage budget of nearly $2,500, while senators receive $7,500. That would increase to $6,000 and $18,000, respectively. Republican House Speaker Dan Hawkins says rising postage costs are eating into the budget. He says lawmakers use it to tell voters what has been going on in the Statehouse. “Letting our whole district know exactly what we did during session and some of the key points," he said. "The current structure just does not allow that to happen.” The panel still needs to take a final vote on the funding increase.
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Kansas Board of Education Considers Easing Requirements to Become a Teacher
TOPEKA, Kan. (KNS/KMUW) — Kansas education leaders are considering easing some requirements for people to become teachers. Currently, Kansas teachers have to pass a test called the Principles of Learning and Teaching, along with specific exams in each subject area. An advisory group has proposed dropping that first test altogether, and offering new options for people who fail a subject-area test. Kansas Board of Education member Ann Mah says looking at an applicant’s GPA and student-teaching experience makes more sense than testing. “If there’s an alternative way that really shows, with some rigor, that they do know the content, then I think both of these are really good options," she said. The move is aimed at helping combat the worst-ever teacher shortage in Kansas. Last spring, the state reported more than 1,600 vacancies.
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PACT Act Application Deadline Extended for Veterans with Disabilities
LAWRENCE, Kan. (KPR) — An important deadline has been extended for veterans hoping to file for disability benefits. The PACT Act - or Promise to Address Comprehensive Toxins - Act allows veterans to receive benefits retroactively for their disabilities. Due to problems with its website, the Department of Veteran’s Affairs has extended the application deadline until midnight Monday. The new deadline allows veterans to have their disability benefits backdated one year -- to when the PACT Act was first signed into law. There are no deadlines for future claims. This legislation is aimed at assisting veterans who were exposed to toxic substances during their military service. (Learn more.)
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Kansas City Man Charged with Raping and Robbing Three Women
KANSAS CITY, Mo. (WDAF) — A Kansas City man is facing 20 felony charges for a series of sexual assaults and robberies this summer. Prosecutors in Jackson County, Missouri, say Dairon Lee Riley is accused of multiple rapes and robberies involving three women in May and June. WDAF TV reports that Riley is in custody and held on half-a-million dollars bond.
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Teenager Found Shot to Death in Business Parking Lot in Kansas City
KANSAS CITY, Mo. (KMBC) — Kansas City police are investigating the shooting death of a teenager whose body was discovered in a parking lot. KMBC reports that officers were called to the 2500 block of East 9th Street late Wednesday night after a reported shooting. When they arrived, officers found a teenage male and declared him dead at the scene. The victim has been identified as 17-year-old Zafir Perkins. Anyone with information on what happened is asked to contact Homicide detectives at (816) 234-5043.
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Flags Will be Lowered to Half-Staff Across Kansas in Honor of Fallen Police Officer
TOPEKA, Kan. (KSNT) — Flags across Kansas will be lowered to half-staff Monday in memory of a Kansas police officer who died of wounds taken during a shooting in the Kansas City metro. Governor Laura Kelly has ordered flags in Kansas to be flown at half-staff from sunup to sundown on Monday in honor of Jonah Oswald. The 29-year-old Fairway police officer died earlier this week from wounds he suffered in a shootout with suspected car thieves. KSNT reports that Oswald was a four-year veteran of the Fairway Police Department. His funeral will be held Monday in Lenexa.
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Hutchinson Prison Inmate Dies
HUTCHINSON, Kan. (KPR) – An inmate has died at the Hutchinson Correctional Facility. Prison officials say 36-year-old Matthew Rutter died Thursday. The cause of his death will be determined by an independent autopsy. Rutter was serving a sentence for aggravated burglary and other crimes in Wyandotte and Johnson counties.
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Lawrence Man Gets More than 10 Years in Prison for Shooting that Injured Woman
LAWRENCE, Kan. (LJW) — A Lawrence man has been sentenced to more than 10 years in prison for his role in a 2021 shooting that left a woman with bullet fragments in her brain. The Lawrence Journal-World reports that 20-year-old Alejandro Martinez-Diaz pleaded guilty to two counts of attempted second-degree murder in connection with the shooting of a woman on May 27, 2021. Martinez-Diaz is one of three men charged with shooting Caylee Nehrbass after chasing her and her boyfriend, 20-year-old Javier I. Romero, of Lawrence, through North Lawrence and opening fire on the car with a handgun. Nehrbass later testified at a preliminary hearing that she still had bullet fragments in her brain.
Her grandfather spoke on her behalf at one of the co-defendants’ sentencing hearings, saying that she was too afraid to attend. He told the court that Nehrbass could not hold a job or spend time in public spaces out of fear of being attacked again.
In addition to his prison sentence, Martinez-Diaz will be required to register as a violent offender for 15 years upon his release.
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KCI Airport Saw a Spike in Catalytic Converter Thefts in 2022
KANSAS CITY, Mo. (KSHB) — The parking lot at Kansas City International Airport saw a spike in the theft of catalytic converters in 2022. KSHB TV reports that there were more than 300 such thefts at KCI last year. Thieves steal converters to retrieve precious metals used inside the devices. Depending on the make and model of a vehicle, a new catalytic converter could cost thousands of dollars to replace. Airport police say so far, this year seems to be heading in a more positive direction. Officials at KCI say they have increased patrols and installed more security cameras and license plate readers to prevent theft.
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Wichita Schools Tighten Restrictions on Cell Phone Use by Students
WICHITA, Kan. (KNS/KMUW) — Leaders of the state’s largest school district have voted to tighten rules on cell phone use by students. The Wichita school board voted unanimously Thursday to update their policy on electronic devices.
- Elementary students now have to store cell phones in backpacks or classroom storage areas during the school day.
- Middle school students can use cell phones only with permission from an administrator.
- High school students can use them only before or after school, during passing periods, and at lunch.
Board member Kathy Bond says the updates are needed to limit distractions. “And I also want to be assured that our teachers are going to follow this," she said. "You get one teacher that’s like, ‘Eh, go ahead. Who cares?’ You know, we have to instill this.” The updated policy also prohibits students from using cell phones to record disruptive, violent or inappropriate behavior.
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Senior Citizens in Rural Kansas Struggle with Transportation Issues
LIBERAL, Kan. (KNS/KMUW) — Senior citizens who want to live in the same rural towns where they grew up face a growing problem - how to get around. Unreliable transportation means many seniors have trouble shopping for groceries, visiting family members and getting to medical appointments. Some cities in southwest Kansas, like Liberal, have senior centers equipped to help clients get around, but group transportation isn’t always available in smaller towns.
The problem of unreliable transportation for seniors occurs in town after town, not just in Kansas but across rural America.
More than 46 million Americans live in rural areas, and that population is older and sicker than urban populations. According to a recent CDC report, people in rural communities are at higher risk of death from accidents and injuries because of the distance to emergency care and health specialists.
Considering that 1 in 5 Americans will be over the age of 65 by 2030, the transportation problems that older rural Kansans face portend a looming shortage of mobility options for seniors who want to age in place. That means a growing number of people will have trouble getting around to visit the doctor, grocery store or family members. (Read more.)
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Heartland Community Health Center Gets Federal Grant
LAWRENCE, Kan. (LJW) — Lawrence’s Heartland Community Health Center has been selected as one of just three centers in the state to receive an early childhood development grant from the federal government. The Lawrence Journal-World reports that the $200,000 grant is aimed at improving developmental outcomes for young children. The center has seen a 228% increase in total patients since 2019. Last year, the center treated nearly 14,000 children under the age of 17.
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Suspect in Domestic Assault in Leavenworth Shot During Arrest
LEAVENWORTH, Kan. (Yahoo News) — A man was shot early Thursday morning as Leavenworth police tried to take him into custody following a chase that began in Kansas and ended in Missouri. Leavenworth Police Chief Patrick Kitchens says officers responded to a reported domestic violence incident around 12:45 am in the 900 block of Columbia Avenue. Police then began searching for a 27-year-old man who was wanted on suspicion of attempted first-degree murder, kidnapping, rape and other charges. Yahoo News reports that officers spotted the suspect’s vehicle in Leavenworth and attempted to stop him. The man fled, leading police on a chase that crossed into Missouri and ended on a highway in Platte County. The man was shot as officers tried to take him into custody. No officers were injured but the suspect is hospitalized in critical condition.
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Report: Kansas Lakes Are Filled with Microplastics
LAWRENCE, Kan. (KNS) — Microplastic pollution is worse in freshwater lakes than the world’s oceans. That includes lakes and reservoirs in Kansas. A recent study found plastic debris in all of the lakes and reservoirs researchers examined. Much of the pollution is plastics broken off from other materials, like T-shirts, blankets and water bottles. Ted Harris is a University of Kansas professor who participated in the study. He says even lakes far from people are polluted because plastics can travel very long distances. “So, they get transported in large scale wind currents. They are easily transported because of how small they are," he said. Harris studied Clinton and Perry lakes near Lawrence. He says bans on single use plastics appear to help reduce microplastic pollution but more action is needed.
The global study found plastic debris in all of the lakes and reservoirs studied by researchers. The study found that microplastics are contaminating freshwater lakes at a higher concentration than what’s been found in the world’s oceans. Harris says lakes that attract more people have more pollution. “All those vacation spots are great and beautiful to visit. (But) they also bring a lot of people and people bring plastics," he said. The Lawrence City Commission voted this week to ban single use plastics beginning in March.
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2 People Killed in Crash Near Paola
PAOLA, Kan. (KMBC) — An early-morning, two-vehicle crash has claimed the lives of two people near Paola. KMBC TV reports that Paola police and the Miami County Sheriff's Office were notified of the crash on U.S. Highway 169 (at 327th Street) around 4:13 am Thursday. Investigators say this was a wrong-way crash with one vehicle northbound in the southbound lane striking a second vehicle traveling south in the southbound lane. The sole occupants of each vehicle were killed. The identities of the victims are being withheld pending the notification of next-of-kin.
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Storm Damages Community College in Central Kansas
GREAT BEND, Kan. (GB Tribune/KPR) — It's just an estimate, but the Barton Community College campus in Great Bend may have sustained a half-million dollars in damage during a severe storm that rolled across the county last month. Barton's Vice President of Administration, Mark Dean, told the school's board of trustees this week that the July 16th storm caused water damage in buildings and damaged one building's roof. The Great Bend Tribune reports that the campus also sustained damage to trees, fences and ball fields. Wind gusts up to 85 mph were reported in the area. Many homes, churches and other businesses in Great Bend also sustained damage.
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Research: Rivers Creating Large Amounts of Carbon and Methane
UNDATED (HPM) — Researchers estimate that rivers and streams around the world release nearly 4 billion tons of carbon dioxide and methane into the atmosphere every year. Environmental scientists say that rivers receive large amounts of carbon and nitrogen from agricultural runoff and lawn chemicals. Rivers not only carry those chemicals to the ocean, but new research also indicates that the rivers themselves are contributing to global carbon emissions. The scientists say that includes the Mississippi River and its tributaries such as the Missouri River. Olivia Dorothy is a restoration director for American Rivers, whose work focuses on the Mississippi. She says new research shows the organic material in the river accumulates, decomposes and is released into the air. “As we do things like dredging or any kind of disturbance, those methane bubbles come up to the surface and are emitted into the atmosphere," she said. Harvest Public Media reports that Dorothy's organization is now working to develop a model of annual methane emissions from the country’s rivers and streams.
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Federal Grant Will Enable Kansas to Return Native American Remains
TOPEKA, Kan. (KNS) — A federal grant will help the Kansas Historical Society return the remains of Native Americans in its museum to their respective tribes. The Kansas City Star reports the U.S. Department of the Interior recently awarded the $100,000 grant to the historical society. The funding will be used to hire a coordinator to determine which tribes the remains belong to so they can be returned. The historical society has the remains of more than 300 Native American people. The majority of those remains are from the Kansas area, but some are unknown.
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Kansas Has Five Drive-In Movie Theaters; a Sixth May Be Coming Soon
TOPEKA, Kan. (KSNT) — People of a certain age will remember drive-in movie theaters. Once wildly popular across the country, drive-in movie theaters have largely disappeared. However, there are still a few places in Kansas where you can enjoy this entertainment experience. KSNT reports that a handful of drive-ins remain active in the Sunflower State. According to DriveInMovie.com, Kansas has five such theaters. They are located in Wichita, Paola, Kanopolis, Dodge City and Kansas City, Kansas. Another drive-in is planned soon in Trego County, in the western part of the state.
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Once a Target of Pro-Trump Anger, the U.S. Archivist Is Prepping Her Agency for a Digital Flood
TOPEKA, Kan. (AP) — The new National Archives leader whose nomination was swept into the partisan furor over the criminal documents-hoarding case against ex-President Donald Trump says she is now preparing the agency that's responsible for preserving historical records for an expected flood of digital documents.
Colleen Shogan, a political scientist with deep Washington ties, says the spotlight on the Archives during the past year shows that Americans are invested in preserving historical materials. After events in Kansas on Wednesday, she reiterated that she had no role in decisions made when the Trump investigation began and said the Archives depends upon the White House to deliver documents when a president leaves office.
“It provides an opportunity for us to discuss, quite frankly, why records are important,” Shogan said. “What we’re seeing is that Americans care about records. They want to have access to the records.”
Shogan was in the Midwest this week for visits to two presidential libraries. She went Wednesday to Dwight Eisenhower's library in the small town of Abilene on the rolling Kansas prairie, and on Thursday to Harry Truman's library in Independence, Missouri, in the Kansas City area.
The Archives is the custodian of cherished documents such as the U.S. Constitution and the Declaration of Independence, but also billions of pages of other records and millions of maps, charts, photographs and films. An order from President Joe Biden will require U.S. government agencies — but not the White House — to provide their records to the Archives in a digital format starting at the end of June 2024.
“We are responsible for the preservation of those records and the storage of those records, but also sharing those records with the American people,” Shogan said in an interview by Google Meet from the Eisenhower library. "That’s a large task, and it's not getting any smaller, obviously.”
Biden nominated Shogan as archivist last year, but the U.S. Senate did not confirm her appointment until May. She was then an executive at the White House Historical Association, having served under both the Trump and Biden administrations. Before that, she worked at the Congressional Research Service, which provides nonpartisan analysis for lawmakers and their staff.
While the Archives generally has been staid and low-key, Shogan's nomination was not the first to create a stir. In 1995, then-President Bill Clinton picked former two-term Kansas Gov. John Carlin, a fellow Democrat, and the leaders of three groups of historians opposed the appointment, questioning whether he was qualified. Carlin held the post for a decade, and an archivists' society honored him near the end of his tenure.
But Biden nominated Shogan amid an investigation of Trump's handling of sensitive documents after he left office, which led to dozens of federal felony charges against the former president in Florida, home to his Mar-a-Lago estate. On Thursday, his valet pleaded not guilty to new charges in that case.
The Archives set the investigation in motion with a referral to the FBI after Trump returned 15 boxes of documents that contained dozens of records with classified markings.
Senate Republicans sought to portray Shogan as an actor for the political left, and during her first confirmation hearing Republican Sen. Josh Hawley, of Missouri, declared that the Archives was part of a “political weaponization” of government. She told senators that she would be nonpartisan in the job.
Under a 1978 law, documents from the White House belong to the National Archives when a president leaves office.
“But when a president is in office, until the term is is concluded, which is January 20th at noon, then those records are the property of the incumbent president,” Shogan said.
She said that while the Archives works with an administration as the end of a president's time in office nears, “We are relying once again upon the White House and those designated officials to be executing the transfer of those records.”
Shogan agrees with experts that the National Archives and Records Administration does not have enough money and staff but after only a few months on the job, she hasn't yet set a figure for what would be necessary.
“We want to make sure that NARA is able to continue its mission as it goes forward, as the large volume of records increases, both in the paper format and also in the digital explosion that we will be seeing in the near future,” she said.
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Kansas City Chiefs Face the New Orleans Saints this Sunday
NEW ORLEANS, La. (KPR) - The Kansas City Chiefs take on the New Orleans Saints in a preseason game this Sunday. Kick-off is set for noon at Caesars Superdome in New Orleans. The Chiefs are the reigning Super Bowl champs.
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This summary of area news is curated by KPR news staffers, including J. Schafer, Laura Lorson, Tom Parkinson and Kaye McIntyre. Our headlines are generally posted by 10 am weekdays and updated throughout the day. These ad-free headlines are made possible by KPR members. Become one today. You can also follow KPR News on Twitter.