State prosecutors withdrew subpoenas for business records of an Ottawa man accused of killing three adults and an 18-month-old child in rural Franklin County earlier this year, although not ruling out a similar request in the future.
Meanwhile, the prosecution filed a second motion for DNA testing.
Sporting an increasingly thick beard and a shaved head, Kyle T. Flack, 28, appeared in Franklin County District Court on Tuesday for a status hearing in the case in which he is charged with capital murder, first-degree murder, rape and criminal possession of a firearm in the deaths of Andrew Adam Stout, 30; Steven Eugene White, 31; Kaylie Kathleen Bailey, 21; and Bailey’s 18-month-old daughter, Lana-Leigh.
State prosecutors withdrew requests for subpoenas under a state seal issued in October for various “business records,” which Flack’s attorney, Ron Evans, told the Journal-World at the time were for mental health and prison records. On Tuesday, Evans also said the prosecution sought records related to witnesses in the case.
In October, a spokesman for the attorney general's office said the state would not make public comments about motions filed under seal. Franklin County District Judge Thomas H. Sachse, who is presiding over this case, ruled in July that parties were free to file individual motions under seal.
Later in July, Sachse ordered that DNA testing could go forward on 13 items that could be introduced as evidence at a trial expected to take place in early 2014. The order for DNA testing was also made under seal and thus neither the prosecution nor defense has commented on what items may be tested.
On Tuesday, the prosecution filed a second motion for DNA testing of five items that forensic scientists have said could possibly be destroyed during the testing. Evans told Sachse he planned to object to DNA testing on those five items that could be used as evidence in a trial and was given a deadline of Dec. 10 to file his objection.
Deputy Attorney General Victor J. Braden is leading the prosecution in the case, and Franklin County Attorney Stephen Hunting is also participating. Both parties will return to Franklin County District Court on Dec. 20 for another status hearing, during which the state’s request for DNA testing and Evans’ expected objection will be discussed. Another status hearing is scheduled for Jan. 16 before a two-day preliminary hearing is set for March 11-12.
Flack, who previously served four years in prison for attempted murder in another case, is being held in the Franklin County Jail in lieu of a $10 million bond.