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Archive for Wednesday, January 9, 2002

State Briefs

January 9, 2002

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Judge in murder trial disqualifies himself

Ottawa Franklin County District Judge James Smith disqualified himself Tuesday from hearing a murder trial that was to begin today.

The trial of John Powell, 44, Overbrook, charged with second-degree murder, was delayed indefinitely, Court Administrator John Steelman said. Powell is charged with the murder last June of Barney Riley, 39, Lawrence.

During a court hearing Tuesday afternoon, Powell's Olathe attorney, Robert Kuchar, asked Smith to recuse himself from the trial. He questioned whether Powell was getting a speedy trial as required under Kansas and federal law.

Powell initially was supposed to be tried in November, but the trial was continued to today after Smith read the wrong charge to a pool of potential jurors.

During an unrelated murder case sentencing earlier in the day, Kuchar had criticized Smith for his rude demeanor and inattentiveness in court.

The Kansas Supreme Court now will have to appoint an outside judge to handle the Powell case, Steelman said.

Humane Society takes jailed suspects' dogs

The Lawrence Humane Society on Sunday seized four pit bulls from behind an apartment building where police arrested their owners two days earlier in a kidnapping case.

The dogs were penned in the 800 block of New York Street without food, water or shelter, said Midge Grinstead, executive director of the Humane Society, 1805 E. 19th St.

The dogs apparently belonged to the Sanders family, Grinstead said. Four members of the family were arrested by police early Friday. Sheriff Rick Trapp alleged they kidnapped a witness in an ongoing drug investigation.

The suspects, Lionell A. Sanders, 22, Lee S. Sanders Jr., 33, Quincy M. Sanders, 20, and Kim M. Sanders, 23, face various charges and remain in the Douglas County Jail. A bond reduction hearing is scheduled for all of them at 2 p.m. today before Douglas County District Judge Robert Fairchild.

Fairchild has set preliminary hearings for the suspects for 9:30 a.m. Jan. 25.

Council hears Baldwin police appeals of punishments

The Baldwin City Council conducted the first appeal hearing for the city's police officers Monday.

After hearing from the officers, the council took no action following its meeting in executive session. Council members will continue discussing the issue at 7 tonight at city hall in executive session.

City Administrator Larry Paine said he doesn't expect the council to announce its decision until the employees are notified.

In December, three officers and Chief Steve Butell were given suspensions, and two other officers received verbal reprimands. The officers later appealed the disciplinary process.

The council also voted 3-2 not to release the report conducted this summer about a former police officer and later expanded to the Police Department. Bob Bezek, Baldwin's city attorney, told the council the document had information that could be grounds for litigation against the city.

Graffiti prompts principal to file police report

Threatening graffiti was found written on a stall door in a girls' rest room at Grant School, officials said Tuesday

Joni Appleman, principal of Grant and Woodlawn schools, sent a letter home with Grant students explaining the discovery Monday of "non-specific, yet threatening language" on the door.

The graffiti is thought to be an example of a childish prank, Appleman said.

She reported the incident to the Douglas County Sheriff's Department for investigation.

Grant, which has 39 students, will be closed by the Lawrence school board at the end of the current school year. The school is at 1853 E. 1600 Road.

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