Preliminary hearing for Dennis Rader to begin Tuesday

BTK serial killings

? The preliminary hearing for accused BTK serial killer Dennis Rader is expected to provide the public its first glimpse at the state’s case against him.

Still, at least some evidence that will presented at the hearing that begins Tuesday probably already has been revealed in the media.

Rader, formerly a city ordinance enforcement officer for suburban Park City, will be in the courtroom under tight security for his preliminary hearing on 10 counts of first-degree murder.

The BTK strangler, whose nickname stands for “Bind, Torture, Kill,” was suspected of eight deaths beginning in 1974, but since Rader’s arrest authorities have linked two more victims to the serial killer. As it now stands, prosecutors can’t seek the death penalty because all the crimes Rader is charged with were committed before 1994, when Kansas passed its capital punishment law.

“The state has the burden to show probable cause that each of the crimes were committed and he was the one that did it,” said Georgia Cole, spokeswoman for the Sedgwick County District Attorney’s Office. “We have to present evidence on each crime.”

The preliminary hearing is expected to take three to 10 days, she said. The court has sealed almost every order and motion filed in the case.

But among the most incriminating pieces of evidence that is expected to be presented is DNA investigators collected from murder scenes. Gov. Kathleen Sebelius has said DNA samples linked Rader to the killings.

Rader’s attorney, Steve Osburn, did not return a call Friday for comment but previously has said Rader will enter a plea of not guilty. Rader’s attorneys could still waive the preliminary hearing, acknowledging the state has enough evidence to go to trial. In that case, Rader would be arraigned immediately, and no evidence would be presented.

Tuesday’s hearing will be the first time Rader, who is being held on $10 million bond, will actually come to the courtroom to face charges. His brief court appearance last month was by video conferencing from jail.

Space is so tight in the 46-seat courtroom that many family members of the 10 murder victims and most reporters will be watching by video from a separate overflow room, according to the district attorney’s office.

“If every family member of every victim were to show up, there would not be a seat left in the courtroom,” Cole said.

As prosecutors prepare to present their case, other court officials are bracing for an onslaught of public attention.

Sheriff Gary Steed said Rader would be treated like a defendant in any other high-profile case.

Typically, the most the defense can do at a preliminary hearing is examine the evidence prosecutors present at that point, he said.

“The real work begins after the preliminary, when the defense prepares for the jury trial,” Birzer said.