With the job of the county's top criminal prosecutor about to change hands, the family of a slain Douglas County woman is considering taking the unusual step of hiring a private prosecutor.
The parents of 40-year-old Carmin D. Ross might hire Overland Park attorney Thomas J. Bath Jr. to participate in the first-degree murder case against Ross' ex-husband, Kansas State University English professor Thomas E. Murray.
Douglas County Dist. Atty. Christine Kenney said Ross' parents, Danny and Judi Ross of Lapel, Ind., had been concerned about the transition that would happen when she left office to be replaced by Democrat Charles Branson.
After a nearly 11-month investigation, Kenney filed charges last month alleging Murray stabbed and slashed Ross 28 times a year ago today at her home northwest of Lawrence at 1860 E. 1150 Road.
A preliminary hearing for the case is scheduled for Dec. 6, before Kenney leaves office. The state must convince a judge at the hearing that there's enough evidence to try Murray, who's represented by veteran Topeka attorney Pedro Irigonegaray.
"I have made it clear that my staff is handling the prosecution of this case; however, it will be with Mr. Bath's involvement," Kenney said. "When the new administration comes in, it will be up to Charles to make the decisions about what the role of the special prosecutor is."
Bath, who was an assistant Johnson County prosecutor for six years, declined comment Friday about the Rosses' plans. He referred questions to Terrence J. Campbell, a Lawrence attorney who represents the Rosses in other matters.
Campbell also declined comment.
Although it rarely happens, state law gives people such as the Rosses the right to hire their own prosecutor. Under the law, such prosecutors "shall" be recognized by the district attorney and the court as associate counsel.
In that situation, the case can't be dismissed by a district attorney over the private prosecutor's objection until both parties file written motions and make arguments before a judge.
Branson, a private-practice attorney and part-time Eudora city prosecutor before being elected in the Nov. 2 general election, said he didn't fault the Ross family for wanting to hire the prosecutor.
"I don't take it personally," he said. "This is a family that's grieving, and they're wanting to make sure everything that needs to happen happens."
Kenney argued during the campaign that she was more experienced than Branson, pointing out he had never prosecuted a jury trial. Branson said he was confident he and his staff had the skills to handle the Murray case, and he said he didn't know how his interactions with a private prosecutor would unfold -- in large part because the case already will be well under way by the time he takes office.
But he said he was upset that he didn't learn about the matter until Wednesday -- five days, he said, after Kenney's office learned of the Rosses' intentions.
On Friday, Branson sent Kenney a letter accusing her of failing to communicate with him, thereby making the transition between the two administrations more difficult.
"I think vital information is not being shared," he said.
Kenney said she was surprised by Branson's criticism. She said she'd given him all police reports from the case -- something she said she was not required to do.
She said she first learned of the Rosses' intentions Nov. 5 but didn't consider their plan final at the time. She said she didn't have spare time this week to talk with Branson about the matter because she was in court all week during another first-degree murder trial.
She said her understanding was that Campbell was communicating about the matter with Branson.
"I'm sorry if he felt that I was in any way doing anything to impair the smooth transition, because that certainly was not my intent," Kenney said. "I don't know why he didn't just call, and I do not know why he would in any way feel that would affect a smooth transition between my office and his office."
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