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Lawrence and Douglas County

Lawrence and Douglas county

Judge closes hearing on Ottawa quadruple homicide

January 16, 2014

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Motion to endorse additional witnesses ( .PDF )

— A Franklin County judge granted a request from state prosecutors for a two-hour closed hearing next month to discuss evidence in the capital murder case of a man accused of killing four people, including an 18-month-old child, in rural Ottawa last year.

On Thursday, Franklin County District Judge Thomas H. Sachse granted the request in the state’s case against Kyle T. Flack and also approved the state’s 23-page motion to endorse 829 additional witnesses in the case.

Deputy Attorney General Victor J. Braden is leading the prosecution in the case, and Franklin County Attorney Stephen Hunting is also participating. The defense is being led by Ron Evans, who heads the Kansas Death Penalty Defense Unit in Topeka. Evans did not object to the state’s request to close to the public a Feb. 13 evidentiary hearing, but he said he expected closing the meeting to the public to draw extra attention.

“Sometimes it generates more publicity than otherwise and we’d like to try this case in this county,” said Evans, who added that he didn’t want the hearing to stir up publicity that could lead to his filing a motion for a change of venue.

In granting the state’s request for a closed hearing, Sachse said it could be a precursor to granting a similar motion regarding a two-day preliminary hearing set for March 11-12. Prosecutors said on Thursday that they were not yet prepared to address that.

Sachse ordered the prosecution to prepare a written finding of good cause as to why the Feb. 13 hearing should be closed to the public. The state has seven days to submit the document to the defense for review and the defense has seven days to respond before the document is submitted to the court.

Flack is charged with capital murder, first-degree murder, rape and criminal possession of a firearm in the May deaths of Andrew Adam Stout, 30; Steven Eugene White, 31; Kaylie Kathleen Bailey, 21; and Bailey’s 18-month-old daughter, Lana-Leigh.

Earlier this month, state prosecutors filed motions under seal requesting subpoenas of business records. Evans waived its right to object to issuing of the subpoena. On Thursday, prosecutors obtained from Sachse an order for two cellphone providers previously subpoenaed to fully comply with the state’s request for evidence.

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