Ottawa quadruple homicide: Judge ‘doesn’t think’ he’ll unseal jury questionnaires

Franklin County District Court Judge Eric Godderz said Tuesday that he “doesn’t think” he will unseal the jury questionnaires at a hearing later this month to open sealed court documents in the case of Kyle Flack, 29, who is accused of a quadruple homicide in Ottawa.

Kyle Flack, accused in a 2013 quadruple homicide in Franklin County, listens to defense attorney Tim Frieden during a hearing on Friday, Aug. 29, 2014.

Flack, of Ottawa, is accused of killing Kaylie Bailey, 21, of Olathe; her 18-month-old daughter, Lana-Leigh; Andrew Adam Stout, 30, of Ottawa; and Steven Eugene White, 31, of Ottawa. Flack pleaded not guilty to charges of murder and rape after the four were found slain near Ottawa in the spring of 2013. Prosecutors are seeking the death penalty, stemming from Bailey and her daughter’s deaths.

The Ottawa Herald filed a motion to intervene in the case through Lawrence attorney Max Kautsch to have dozens of court documents unsealed. Kautsch argued the defense and prosecution must show factual proof that a document’s release will “impact the fairness of a trial” and that there are no alternative means to prevent the prejudice, such as voir dire or changing venues.

Godderz said he did not believe the state or defense needed to present evidence of the possible prejudice, but he agreed to hear further arguments on the issue at a motions hearing June 30.

Godderz took issue with releasing the records Tuesday because he said “every time any” information sealed in records is presented in open court, “the paper has made sure to put that in the paper.”

“I have no doubt that any record I unseal will be on the front page of the Ottawa Herald tomorrow,” Godderz said.

The state did not object to unsealing a number of records the Ottawa Herald proposed, but Godderz still declined to release those records Tuesday. According to district court records, 64 court documents have been filed under seal, while 52 have been open for public view.

“I don’t think I’m going to unseal the (jury) questionnaire,” Godderz said. “I’m not going to have those published on the front page of the newspaper.”

Also at the hearing, Godderz ruled on the admissibility of a number of gruesome photographs of the victims’ bodies at the scenes of the crimes and on the medical examiner’s table.

White’s body was described as wrapped in a tarp with a cinder block over his face and Stout’s was shot “five or six times” and bludgeoned with the barrel of a shotgun. Bailey’s wrists were bound behind her back and her head suffered a gunshot wound. Lana-Leigh’s body was shot in the back and stuffed inside a suitcase.

The courtroom was heavy with grief when prosecutor Stephen Hunting described the contents of the photographs. A woman on the victim’s side of the courtroom sobbed uncontrollably and had to leave, while Flack’s mother, Tammy McCoy, reached for a tissue.

Flack’s attorney, Tim Frieden, argued that the graphic images, especially those of the 18-month-old, would unfairly prejudice jurors against his client. Frieden said that “studies show” jurors make up their minds about guilt and sentencing early on in a trial when shown gruesome images.

“These are very disturbing photographs,” Frieden said. “I just can’t see how any jury could be unmoved enough to keep them open-minded.”

Frieden said the possible prejudice has “further ramifications” in this case, as Flack’s life is hanging in the balance with prosecutors seeking the death penalty.

Flack, dressed in a gray button-up shirt and khaki pants, sat without shackles at the hearing Tuesday. He appeared unmoved and stoic at the descriptions of the photographs, occasionally raising his eyebrows and looking at the ceiling.

Godderz ultimately ruled that all but about seven photographs out of more than 40 total will be admitted at court.

“With the exception of (the excluded pictures), the court finds these photographs are necessary for the state to prove its case,” Godderz said.

Of the approximately seven excluded, four were excluded because they were deemed repetitious and three were excluded because they were of Lana-Leigh, Godderz ruled, which may prejudice jurors because of the child’s age.

The photographs of Lana-Leigh “will be revisited” at trial if prosecutors cannot come up with an alternative way to depict her injuries.

The next hearing will be June 30. At that hearing, Frieden will argue his motion, filed Tuesday, to change venues for the trial. This case has been before the Franklin County Court for more than two years.

Flack remains in the Franklin County Jail.