Monday, December 22, 2014

Prosecutors seeking death penalty in quadruple homicide case

By DOUG CARDER, Herald Senior Writer | 4/22/2014

Prosecutors Tuesday morning said they would seek the death penalty against Kyle T. Flack, 28, in a spring 2013 quadruple homicide at a rural home west of Ottawa, but he won’t face trial until fall 2015.

Flack stood silent Tuesday during his arraignment in Franklin County District Court, 301 S. Main St., Ottawa. District Judge Eric W. Godderz, who is now presiding over the case, entered a plea of not guilty on Flack’s behalf.

The state is seeking the death penalty on the capital murder charge leveled at Flack in the killing of Kaylie Bailey and her 18-month-old daughter, Lana Bailey. Flack also faces two charges of first-degree murder, which each carry a "Hard 50" sentence if convicted, in the killings of Andrew Stout and Steven White, as well as one count of criminal possession of a firearm.

A new charge was added Tuesday morning — misdemeanor sexual battery. A charge of attempted rape was dismissed at Flack’s preliminary hearing in March. 

On Monday, one of Flack’s attorneys, Tim Frieden, filed a waiver to Flack’s right to a speedy trial. Judge Godderz set Flack’s trial date for 9 a.m. Sept. 21, 2015.

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