BTK transcript shows concerns about evidence

? During a private court hearing related to Dennis Rader’s murder case, prosecutors voiced concern about the chain of custody of evidence recovered from the shed at his Park City home.

According to a transcript obtained Monday by The Wichita Eagle, prosecutors wondered how the presence of a fugitive who hid in Rader’s shed Nov. 5 might affect how they presented evidence seized three months later.

The March 31 hearing, being made public for the first time, revealed details about the case against Rader — accused as Wichita’s notorious BTK strangler. In the hearing, lawyers discussed evidence collected from Rader’s home and statements he made to investigators.

Rader was present at the hearing before Sedgwick County District Judge Greg Waller. It was not part of the public court docket and concerned a motion that was sealed for more than a month. The motion was among several documents opened to public view April 29, roughly 48 hours after a request from The Eagle and other local media. The court transcript was not available until Monday.

The hearing centered on a potential conflict of interest for the Sedgwick County Public Defenders’ office.

Sarah McKinnon, a member of Rader’s defense team, also represented David T. Bennett — the man apprehended by Park City police after hiding in the shed attached to Rader’s home.

“The defense could allege he brought things in,” assistant district attorney Kevin O’Connor told Judge Waller, according to the transcript. “They could allege that he took things out. They could allege that he did some things in there. He may be a witness, possible witness.”

After Rader was arrested Feb. 25, BTK investigators removed dozens of items, O’Connor said in the transcript, including pantyhose, underwear, ropes, cord and duct tape.

As of that hearing, O’Connor said none of the evidence had been tied to the 10 murders of which Rader currently stands charged.

“There’s a great deal of evidence in this case that was collected from Mr. Rader’s home, his office, that supports the statement he gave to law enforcement, possible plans for the future, things of that nature,” O’Connor said in the transcript.

O’Connor also said that Rader told authorities he had put the items in the shed.

Waller asked Jama Mitchell, another of Rader’s lawyers, if the defense planned on questioning the chain of custody of those items taken from the shed.

“There is a good deal of evidence. Much of it comes from Mr. Rader,” Mitchell answered. “We do not anticipate challenging the items that were found in the shed.”

After his brush with Rader, Bennett remains in the Sedgwick County Jail without bond awaiting a June 13 trial for aggravated robbery.

According to police reports and information from the hearing, Bennett, 22, is accused of a shooting a drug dealer, then stealing marijuana, keys and a stereo.

On Nov. 5, police searched Rader’s neighborhood; Rader had called police to report he heard noises at the back of his home. Rader opened the shed for police, who found Bennett.

Rader waived his right to a preliminary hearing in April, stood silent last week as Waller entered a plea of not guilty on his behalf and is awaiting trial.

The initial trial date is set for June 27, but lawyers in the case say they don’t expect it to start until fall — at the earliest.