D.A. to push for details during BTK sentencing

Prosecutors to present more evidence about killings, sexual motivations to ensure 'hard-40' term

? The courtroom confession by the BTK serial killer answered many questions haunting the families of his victims, who struggled for years with the horror of their loss and the mystery about who inflicted it.

But Dennis Rader’s chilling, emotionless narrative June 27 about the way he tortured, strangled, stabbed and shot his 10 victims was only one side of the story.

Prosecutors say there is much more to it, and at the Aug. 17 sentencing they plan to present more evidence about the killings and Rader’s self-proclaimed sexual motivations – details that could erase any uncertainty about his punishment and, case watchers say, perhaps help the community come to grips with the case.

Among family members hoping to get more answers at the sentencing is Kevin Bright, the only known survivor of a BTK attack. He surprised Rader when he accompanied his sister, Kathryn, home on April 4, 1974. He loosened his bonds and escaped, despite being shot in the head. His sister was strangled and stabbed.

Sharon Bright said in a telephone interview from the couple’s Goodrich, Texas, home that her husband would have been in court Monday had he known Rader would plead guilty. He plans to be there for the sentencing.

“He still has some questions. He heard some of the answers to questions like, ‘Why did he pick my sister?’ He has other questions he hopes will come out,” she said.

Pushing for information

Dist. Atty. Nola Foulston’s insistence on presenting that evidence – even though there is little doubt about the punishment awaiting Rader – is interesting to legal observers.

Rader, 60, will likely die in prison. The only real question is whether he will be ordered to serve the 10 sentences consecutively or concurrently.

Prosecutors want to make their case despite the fact that Rader’s lawyers aren’t opposing Kansas’ “hard-40” sentence, which means life in prison with no parole for at least 40 years.

Because of Rader’s age and the lack of defense opposition to a hard-40 sentence on top of the other life sentences, there is little practical reason to push the evidence, said Brian Withrow, an associate professor of criminal justice at Wichita State University.

“If the district attorney says I want him to have a hard-40 and the convicted says that is fine, there is no reason to have any kind of a hearing,” Withrow said. “It’s basically saying, ‘I give up, you win.'”

But after Rader’s confession, Foulston told reporters that in other serial killing cases, such as the Green River killer in Washington state, the community was deprived of information when the suspect pleaded guilty.

“I suspect she wants to help the community deal with the issue. This is a 30-year victimization and it is going to take a lot of years to let us feel comfortable in our homes again,” Withrow said.

Foulston said she wants Wichita to know the facts behind his “sexually sadistic murders” and hear details of the investigation that led to his arrest.

“She is an officer of the court and she is elected by the people,” Withrow said. “I am sure she is interested in providing the community with information to sort out the grief caused by Mr. Rader.”

Maximum sentence sought

In a nearly hour-long, lecture-style confession of guilt, Rader said sexual fantasies drove him to kill 10 people in the Wichita area between 1974 and 1991. BTK – Rader’s self-styled moniker for “Bind, Torture, Kill” – taunted media and police with cryptic messages that became increasingly frequent in the months before his arrest.

Kansas law at the time of the first nine killings carried a maximum penalty of life with eligibility for parole after 15 years. The last murder, committed in 1991, allows for the hard-40 sentence.

Because Kansas had no death penalty then, Foulston wants Rader to get the longest possible sentence for the killings – a minimum of 175 years without a chance of parole.

Others see not only an emotional relevance in unveiling the evidence, but a legal one, too. Hard-40 sentences are automatically appealed to the state’s Supreme Court, which makes it important to present all evidence, said Georgia Cole, spokeswoman for Foulston’s office.

“We are also asking to run all the other sentences consecutively,” Cole said. “In order to support that request we must provide full information – not just Dennis Rader’s version of the case.”

‘Very solid case’

District Judge Gregory Waller is expected to rule on the hard-40 issue at the beginning of sentencing. The court has set aside three days for the hearing, although it may not take a full day.

Prosecutors plan to present evidence and witnesses to support their request for the harshest sentence possible, including information about the investigation and how it progressed, how it led to Rader and details for each of the crimes committed, Cole said. Victims’ relatives also may testify.

Rader’s attorneys did not return calls seeking comment for this story, but they told reporters after the guilty plea that psychological evaluations showed an insanity plea wouldn’t have worked. They also acknowledged the prosecution’s “very solid case” that included a confession, DNA evidence and personal trophies BTK took from his victims.

In court, Rader told the judge he was satisfied with his lawyers.

For years, police did not connect Kathryn Bright’s stabbing death to the BTK serial killings. Kevin wants to know what information police got that finally connected his sister’s death to the serial killings.

“That is the main thing,” Sharon Bright said, “for him to have peace in his heart.”