Wednesday, October 01, 2014

Flack expected to enter plea in quadruple homicide case

By DOUG CARDER, Herald Senior Writer | 4/21/2014

One year after investigators say the first of four victims was killed at a rural Ottawa home, the 28-year-old man accused in the grisly quadruple homicide case was set to enter his plea.

Kyle T. Flack, who is charged with killing Steven White, Andrew Stout, Kaylie Bailey and Lana Bailey in spring 2013, was to be in court 9 a.m. today for his arraignment in front of a new judge.

One year after investigators say the first of four victims was killed at a rural Ottawa home, the 28-year-old man accused in the grisly quadruple homicide case was set to enter his plea.

Kyle T. Flack, who is charged with killing Steven White, Andrew Stout, Kaylie Bailey and Lana Bailey in spring 2013, was to be in court 9 a.m. today for his arraignment in front of a new judge.

District Judge Thomas H. Sachse — who presided over Flack’s preliminary hearing and found that sufficient evidence existed to bind the defendant over for trial — recently announced his retirement. Judge Phillip M. Fromme, chief judge of the Fourth Judicial District, assigned District Judge Eric W. Godderz to preside over today’s arraignment in Franklin County District Court, 301 S. Main St., Ottawa, as well as the remainder of the case.

Godderz is no stranger to high profile cases, having recently presided over a jury trial in a sexual assault cold case that resulted in the October 2012 conviction of a 53-year-old Arizona truck driver. Ralph E. Corey was found guilty of sexually assaulting a 16-year-old Walmart Supercenter cashier on the night of Feb. 19, 2000, as she prepared to leave the employee parking lot of the retail store at 2101 S. Princeton St., Ottawa. DNA evidence linked Corey to the 12-year-old crime.

Flack faces capital murder and other charges in connection with the spring 2013 quadruple homicide at 3197 Georgia Road, west of Ottawa. Three adult bodies were found on the property May 6 and May 7. The fourth, that of an 18-month-old girl, was discovered May 11 in a creek near the Osage-Franklin County line.

At the conclusion of Flack’s preliminary hearing in March, Sachse determined the prosecution team of Vic Braden, Kansas deputy attorney general, Stephen Hunting, Franklin County attorney, and James Ward, assistant Franklin County attorney, had provided sufficient evidence to support probable cause in four of five counts listed in the criminal complaint against Flack.

Flack will be expected to enter a plea in today’s proceeding. If he pleads not guilty, a date will be set for his jury trial. He also could enter a guilty plea or plead no contest, likely as part of a plea agreement between prosecutors and Ronald Evans, a Topeka-based, court-appointed lawyer who is handling Flack’s defense. Neither side, however, has given any indication that a plea agreement might be in the works.

Flack faces one count of capital murder in connection with the deaths of Kaylie Bailey, 21, and her 18-month-old daughter, Lana Leigh Bailey. Prosecutors contend Kaylie Bailey and Lana Bailey were killed at about the same time as part of the same criminal action, which would make their deaths eligible for the capital murder charge under Kansas law. The count of capital murder is punishable by death. Prosecutors have yet to decide if they will seek the death penalty in the case.

Kaylie Bailey’s body was discovered May 7 in the master bedroom of the modular home on the Georgia Road property. Her daughter’s body was recovered May 11 from Tequa Creek in Osage County, near the Osage-Franklin County line, but the medical examiner in the case testified during the preliminary hearing that Lana was killed in the same bedroom as her mother at about the same time. Both died as the result of wounds from single shotgun blasts.

Flack faces one count of first degree murder in the death of Steven White, who investigators say was killed first — sometime between April 20 and April 28, 2013. White’s body was discovered in a detached garage on the property. The medical examiner determined White died as the result of wounds from two shotgun blasts, either of which would have been fatal. Prosecutors are seeking a Hard 50 sentence for this count, the maximum sentence for a first degree murder charge. If convicted and sentenced to Hard 50, Flack would not be eligible for parole for 50 years.

The defendant also faces one count of first degree murder in the death of Andrew Stout. Stout’s body was found in the same bedroom where the shootings of Kaylie Bailey and Lana Bailey took place. The medical examiner testified that Stout was shot at least five times by a shotgun and died as a result of those wounds. Prosecutors also are seeking a Hard 50 sentence for this count.

Flack, a convicted felon in a September 2005 attempted murder case, also faces one count of criminal possession of a firearm.

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