What the Judge Ate for Breakfast: State Courts

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State Courts

What the Judge Ate for Breakfast

News from inside Wichita's courts.
By Ron Sylvester

Post Frequency: 1.3/day

Last Entry: March 28, 2011 at 22:37:55

Presumed Guilty: The defense lawyer

Posted on September 29, 2010
Kiehl Rathbun remembers 30 years later the shock of hearing a jury pronounce Ronald Rhodes guilty of murder. “I think they could see it on everyone’s face in the courtroom,” Rathbun said this week. “No one could believe it. The jury wouldn’t even talk to us afterwards...

Court of Appeals reconsiders case of ?missing? evidence

Posted on September 29, 2010
The Kansas Court of Appeals today rescinded an order, which originally criticized a prosecutor for making up evidence. Then the evidence was found in the court file. Presiding Judge Melissa Taylor Standridge said the court simply believed prosecutors, who said the evidence used in the trial of an accused sex predator didn’t exist...

1998 gang feud implicated for violence in Wichita

Posted on September 28, 2010
A made-up gang story resulted in the killing of Tony Galvan in 1998, and prosecutors say it’s still causing deaths in Wichita. The Galvan killing came up again during a murder trial today in Sedgwick County District Court. Prosecutor C.J. Rieg told a jury today that Rogelio Soto Jr...

The debate for Kansas Attorney General

Posted on September 24, 2010
Wonder who to vote for in the Kansas Attorney General’s race? It’s an important position. The AG is the state’s chief law enforcement officer and represents Kansas in courts across the state and nation. Incumbent Steve Six and two challengers gathered for a debate this week in Wichita...

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Common Law: A snafu in the paperwork

Posted on September 21, 2010
Leonard Charles accosted a woman at a video store on Christmas Day, then came back and threatened to kill the clerks. After being convicted at trial, would he get the maximum time in prison? He might have, if the proper paperwork had arrived.

Common Law: Do you get a reduced bond after shooting your aunt?

Posted on August 24, 2010
Edward Mendenahall got drunk, got in an argument and shot his aunt in the buttocks last month. When his public defender asked for a reduction in his $75,000 bond, Judge David Kaufman asked himself: is this guy safe?

Presumed Guilty: Prison discipline

Posted on August 24, 2010
Since we began blogging this report, most comments have debated and voiced concern over Ronald Rhodes’ disciplinary reports while in prison. One of the advantages is blogging about this investigation is using your comments to steer our reporting...

Judge: expert ?charged much, prepared little? for Schneider trial

Posted on August 18, 2010
A defense expert critical of Sedgwick County medical examiners received his own substandard review from the federal judge who presided over the trial of Stephen and Linda Schneider. Although Steven Karch wrote a widely recognized book on drug pathology, his testimony in Wichita did not impress U...

Presumed Guilty: Searching for evidence

Posted on August 18, 2010
The evidence wasn’t in a broom closet at the courthouse. We know this because we asked court and county officials to look for it there. Wichita Police evidence logs suggest that evidence in the 1981 murder case of Ronald Rhodes was sent to the Sedgwick County Courthouse for trial...

Presumed Guilty: On second thought, some parole files are available

Posted on August 03, 2010
Investigative reporting often lingers for weeks simply trying to look at paperwork. At least, that’s been the case with the Kansas Parole Board. Two weeks after being denied access to Ronald Rhodes’ parole records, it turns out at least some of the files are available for inspection...

Common Law: Seeking help for aberrant sexual appetites

Posted on July 20, 2010
Mickey Dyer chatted with a 15-year-old girl online, hoping for an illicit rendezvous. The teen turned out to be a grown policewoman. Dyer didn’t fight the charge of electronic solicitation. He sought therapy. Even the prosecutor thought Dyer might be able to turn his life around...

Presumed guilty: the parole files are closed

Posted on July 20, 2010
After learning Ronald Rhodes had been turned down for parole seven times, we wanted to find out why. So we asked the Kansas Parole Board (PDF) if we could look at his files. They said no (PDF). The board said said the law didn’t prohibit making Rhodes’ parole records public, but it didn’t require opening the [...

Common Law: Trying to straighten out his life

Posted on July 13, 2010
When Dominique Willis came to court last fall, he was prepared to start college and seemed to be leaving the life behind that had him convicted of a felony robbery. But he didn?t go to school, he couldn?t find a job, didn?t keep up with his community service and tested positive for smoking marijuana...

Presumed Guilty: A man convicted of murder in 1977 is running out of options

Posted on July 10, 2010
Another man convicted of murder years ago returned to court this week. Merrill Andrews has been fighting his innocence for 33 years. But his 1977 murder case came down to the last piece of remaining evidence, and a scientist this week said it couldn’t produce a valid DNA test.

Presumed Guilty: Pastor and the prisoner

Posted on July 08, 2010
During a long project, you never know where you?re next bit of information will emerge. Sometimes, it?s just from a chance phone call. The first week of June, night news editor Kevin McGrath forwarded me a message, left on the main newsroom voice mail...

Presumed Guilty: Where is the evidence?

Posted on July 07, 2010
As a detective for the Wichita Police Department, Kelly Otis had investigated some of the most notorious murders in the history of Kansas. He worked the case of Jonathan and Reginald Carr and the BTK serial killer. By spring 2008, Otis had moved to the Sedgwick County District Attorney?s office as an investigator...

Presumed Guilty: Death of a transient

Posted on July 07, 2010
After the Washburn law students began raising questions about the murder conviction of Ronald Rhodes, I went to the morgue. The newspaper morgue. It’s the place where clips used to be stored for easy reference in the days before electronic filings and Google searches...

Common Law: Getting a handle on addiction

Posted on July 06, 2010
Last week, I wrote a story about alcohol abuse contributing to crime. This edition of Common Law is another example. Four years ago, when Kris Filatreault was 22, he got drunk and crawled in bed with his girlfriend’s 15-year-old daughter. He was convicted of fondling the girl and received probation...

My wife once sued the hockey team

Posted on July 03, 2010
I wrote a story today about the Wichita Thunder owing more than $74,000 in sales taxes to the state. As I’ve said on this blog from the beginning, I’m married to a lawyer, Gaye Tibbets, and don’t cover cases in which she appears as the attorney...

Presumed Guilty: A journey of investigative reporting

Posted on July 02, 2010
Investigative reporting is like taking a trip when you’re not sure of the destination. It starts with a hint of what might come, and a trail of documents and interviews. But reporters never truly know where an investigation will take them. We invite you to follow us on our journey, as we look into how a 2001 [...

Convicted in Christmas video store assault

Posted on June 09, 2010
Previously on “Common Law”, we heard preliminary hearing testimony from women who said they were threatened by Leonard Charles on Christmas Day at a west Wichita video store. When Charles went to trial, a jury found him guilty, though of a less serious crime than he was facing...

Common Law: ?It will reveal itself?

Posted on June 02, 2010
When William Mott was 22, he was convicted of driving under the influence for an accident that killed a friend. Last June, Mott picked up his fourth DUI. His 9-year-old son was with him, so Mott also faced a charge of endangering a child. Mott sought treatment and says he’s overcoming his problems...

Common Law: Struggling over a plea

Posted on May 28, 2010
No one knew whether Gloria Ibarra would enter a plea to killing her boyfriend or stand trial for murder. Defendants may struggle over pleas, but judges must make sure those decisions are made knowingly and freely. Read more

Common Law: Trying a judge?s patience

Posted on May 14, 2010
After stealing $20,000 from his employer, Vernon Kralicek had been on probation four years — four times as long as most people. Each time Kralicek appeared in court with a violaton, Judge David Kaufman extended the probation. This time, Kralicek returned with five different probation violations.

Common Law: Crime as a coping mechanism

Posted on May 04, 2010
Previously on Common Law, Justin Kelly received probation for stealing from cars. It lasted a month. Then a family tragedy led him back to the streets — and to crime. (Click here for wide-screen view).

Common Law: Breaking into a 10 homes, he finally was caught

Posted on April 23, 2010
Joshua Hilton pleaded guilty to breaking into, and stealing from, homes across west Wichita last November. Although the plea bargain calls for a 13-month sentence, and Hilton will likely get probation, public defender Lacy Gilmour explains how the convictions will impact the life of the 21-year-old.

Common Law: Even a doctor?s prescription is suspect

Posted on April 22, 2010
People on probation can have their freedom revoked if they’re caught using illegal drugs. But Judge David Kaufman wanted a man convicted of felony marijuana possession to understand that even prescription drugs could land him in prison.

Common Law: Christmas crime story

Posted on April 20, 2010
A woman is stranded. A man offers to help. Then he follows her home. It happened to Autumn McDowell at the Family Video store near 29th and Tyler. It was Christmas Day. She and the video store manager described their frightening experiences recently for Judge Jeff Goering at a preliminary hearing.

Common Law: How long should a jury deliberate?

Posted on April 14, 2010
When a jury says it can?t reach a verdict, a judge has to decide if it is hopelessly hung or should continue deliberations. Judge David Kaufman asked lawyers to weigh in during the murder trial of Maria Reyes.

Common Law: Witnesses on the other side of the world

Posted on April 12, 2010
Wichita lawyer Kurt Kerns talks about having to travel to Africa to defend a man charged in Kansas federal court and accused of participating in genocide in Rwanda in 1994.

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