State seeks restrictions, restitution in BTK case

Judge recommends sexual offender treatment

? A judge recommended Wednesday that BTK killer Dennis Rader should receive treatment as a sexual offender while he serves the rest of his life in prison for 10 murders.

In a hearing Wednesday at the El Dorado Correctional Facility, District Judge Gregory Waller also recommended restrictions that prosecutors had sought on what Rader can receive or do in prison. For example, Rader would not be able to receive any instruments that he could use to make anything pornographic to satisfy his sexual fantasies.

Rader also will be barred from seeing or listening to news reports about the murders and prohibited from making audio or visual recordings other than for law enforcement purposes.

Waller can only recommend the restrictions, but they must be approved by the Secretary of the Kansas Department of Corrections.

Sedgwick County Dist. Atty. Nola Foulston said after the hearing that she was “100 percent certain” that the Corrections Department would follow all the recommendations.

“We know what we have asked for is compatible, not antagonistic, to the desires and goals of this institution,” she said.

Throughout the hearing, Rader, who was handcuffed, sat quietly with his legs crossed and showed no obvious emotion.

Rader was sentenced Aug. 18 for a string of murders that terrified Wichita for 31 years. But Waller did not rule then on the prosecution’s request for additional restrictions, saying he wanted to hear more arguments.

Before Waller’s ruling, Deputy Dist. Atty. Kim Parker asked that Rader be allowed to receive only mail and written communications. She argued that prohibiting video and audio interviews with Rader would not infringe with his First Amendment right to free speech because it was not a complete ban.

“Mr. Rader was very interested in the public attention he got. It fed his proclivities to continue to terrorize the community of Wichita,” Parker said.

Parker also asked that Waller find that the crimes were sexually motivated and that Rader should be treated under the sexual offender program. She also asked that Waller find that Rader was a pedophile.

Rader’s attorney, Steve Osburn, said the recommendations prosecutors sought were for a program of rehabilitation. He noted that the Corrections Department works on a system of reward and punishment to control inmates, and the recommendations would interfere with that system.

“It’s certainly clear what they are asking not a way to rehabilitate Mr. Rader but are punitive in nature,” he said.

Osburn said that a finding that Rader was a pedophile would endanger him in prison.

“That finding alone is putting a bullseye on Mr. Rader here in the prison and it is unnecessary,” Osburn said.

Waller did not directly rule on the pedophile request, but agreed Rader should receive treatment as a sexual offender while in prison.

The amount of defense fees to be awarded will be decided at a later date once the attorney general completes an investigation of some of the expert fees that have been requested.

Waller also recommended that Rader make restitution for various expenses of victims or their families, such as funerals or dental work required by one survivor who was shot. An exact amount of restitution was not immediately available.

And Waller recommended that 1,300 genetic samples tested during the BTK serial killings investigation be destroyed.

Deputy Dist. Atty. Kevin O’Connor said he wanted to thank citizens who gave the DNA samples voluntarily and assure them that the samples were never entered into any kind of database.

BTK – which stands for “bind, torture and kill” – is the name Rader gave himself in taunting messages about the murders to police and the media that started in 1974. After years of silence, he resurfaced last year with communications to the media that ultimately ended in his arrest in February.

Rader, a former ordinance compliance officer in the Wichita suburb of Park City, recounted the murders in chilling detail during a nationally televised hearing in which he pleaded guilty. Kansas did not have the death penalty at the time the killings were committed.