Friday, December 19, 2014

Two bodies discovered buried under clothes, crime lab says

By DOUG CARDER, Herald Senior Writer | 3/11/2014

Crime scene investigators discovered the partially nude body of homicide victim Kaylie Bailey buried under a pile of clothing on the floor between the bed and a dresser in the master bedroom of Andrew Stout’s residence at 3197 Georgia Road. 

Bailey’s hands were bound behind her back with a black plastic Zip Tie, Ryan Rezzelle testified during Tuesday’s preliminary hearing for Kyle T. Flack, 28, Ottawa. Flack faces charges of capital murder, first-degree murder, attempted rape and criminal possession of a firearm in connection with the deaths of Bailey, 21, her 18-month-old daughter Lana Bailey, Andrew Stout, 30, and Steven White, 31. 

Several crime scene investigators with the Johnson County Sheriff’s Office crime lab painted a clearer picture of where all four victim’s bodies were recovered during Tuesday’s preliminary hearing. The bodies of Kaylie Bailey, Stout and White were discovered May 6 and May 7 at 3197 Georgia Road, west of Ottawa. Lana Bailey’s body remained missing, as law enforcement agents and other search parties combed the area for the baby.

Rezzelle, crime scene supervisor with the crime lab, testified that Kaylie Bailey’s body was unclothed from the waist down.

Ashley Vogelaar, a crime scene investigator with the crime lab, later testified that a duffel bag, which investigators believed belonged to Kyle Flack, was recovered from the apartment where Flack was taken into custody May 8 in Emporia. The bag contained numerous items, including black Zip Ties, Vogelaar said.

Vogelaar said she was sent to Emporia to process a black Toyota Corolla that belonged to Kaylie Bailey for evidence. The vehicle had been abandoned in Emporia. While there, she also confiscated the duffel bag to process its contents for evidence, she said.

Two bodies, later identified as Stout and Bailey, had been concealed by a mound of clothing in the master bedroom of the modular home, Rezzelle said.

Investigators also discovered in the bedroom five spent shotgun shells and one live shell, all for a 12-gauge shotgun, Rezzelle said. A black purse, which contained Bailey’s driver’s license and other identification, was discovered in a laundry basket inside the home, and another fired shotgun shell was discovered in a trash can in the laundry room.

Another spent shotgun shell and Lana Bailey’s car seat were discovered in an out-building that served as a garage on the property. A body later identified as Steven White was found in the garage, concealed by a tarp, cinder blocks and other items, Rezzelle testified.

Stephen Hunting, Franklin County attorney, attempted to connect the dots between the shotgun shells and a partial shotgun recovered from the City of Emporia’s waste transfer station when backhoe operator Marciel Hernandez spied it among some refuse he was pushing at the station May 8, Hernandez testified. The shotgun, which was loaded with four shells, was turned over to the Emporia Police Department by Timothy DelCamp, Hernandez’s supervisor.

In perhaps the most disturbing testimony of the afternoon, Andrea Reed, crime scene investigator with the crime lab, described how the body of 18-month-old Lana Bailey was discovered about dusk May 11, 2013, hidden in a suitcase found in Tequa Creek near Stubbs Road in Osage County, near the Franklin and Osage county line. Reed supervised the recovery of the suitcase from the creek by a dive team from the Pottawatomie Fire Department, she testified. 

Blake Reker, Osage County Sheriff’s deputy, was patrolling county roads that connected with neighboring Franklin County as it approached dusk May 11, paying special attention to culverts, ditches and bridges — likely places where a small body could be hidden, according to Herald archives.

The newly minted deputy spotted some items that caused him to pause and investigate further — leading to the discovery of a body thought to be that of Lana Bailey, Franklin County Sheriff Jeff Richards announced during a 1 a.m. press conference May 12 in front of his office, 305 S. Main St., Ottawa.

Testimony Tuesday afternoon indicated investigators had conducted a rape kit on both Lana Bailey and Kaylie Bailey, but did not detail the results of the tests during the preliminary hearing.

The deaths of both are listed under the one count of capital murder on an amended complaint released last month by the Franklin County Attorney’s Office. If convicted, Flack could face the death penalty in the capital murder charge. Prosecutors have yet to indicate if they will seek the death penalty in the case.

“We have not made the final decision yet on the death penalty,” Hunting said previously. “If [Flack] is bound over [for trial after this week’s preliminary hearing], we will probably make that determination between the preliminary hearing and the arraignment.”

Prosecutors in February amended a rape charge involving Kaylie Bailey to attempted rape. In the amended document prosecutors allege Flack bound and gagged Bailey, and removed her shorts and underwear with the intent of engaging in sexual intercourse against Bailey’s will but “failed in the perpetration thereof or was prevented or intercepted in executing said crime,” according to the court document.

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