Thursday, April 24, 2014

Judge OK’s DNA testing in quadruple homicide case

By DOUG CARDER, Herald Senior Writer | 8/2/2013

The DNA testing of 13 items that could be introduced as evidence in a quadruple homicide case is moving forward.

Franklin County District Judge Thomas H. Sachse this week granted prosecutors’ request to conduct DNA testing on 13 items in the capital murder case against Kyle T. Flack, 28, Ottawa, who has been charged in connection with the murder of three adults and an 18-month-old girl in early May.

The DNA testing of 13 items that could be introduced as evidence in a quadruple homicide case is moving forward.

Franklin County District Judge Thomas H. Sachse this week granted prosecutors’ request to conduct DNA testing on 13 items in the capital murder case against Kyle T. Flack, 28, Ottawa, who has been charged in connection with the murder of three adults and an 18-month-old girl in early May.

The three adult bodies were found May 6 and May 7 at a residence at 3197 Georgia Road, west of Ottawa. The infant’s body was discovered about dusk May 11 in Osage County by an Osage County Sheriff’s deputy.

Flack was arrested by Franklin County Sheriff’s officers May 9 after being apprehended in Emporia.

The prosecution team, led by Victor J. Braden, deputy attorney general for the state of Kansas, requested the DNA testing during a July 8 hearing. Details about the items have not been released, and the court has sealed the order for DNA testing.

Flack has been charged with two counts of capital murder, four counts of first-degree murder, rape and criminal possession of a firearm in the deaths of Steven White, 31, Andrew Stout, 30, Kaylie Bailey, 21, and her 18-month-old daughter, Lana Bailey. Authorities have not released details about their deaths, but have said a gun was used in the commission of the crimes.

Flack remains in Franklin County Jail, 305 S. Main St., Ottawa, on $10 million bond. His next scheduled court appearance is Aug. 29.

Ronald Evans, Flack’s court-appointed attorney, argued at the July 8 hearing that the defense should be allowed to inspect items that could be destroyed through DNA testing. It was not clear if Evans, head of the Kansas Death Penalty Defense Unit in Topeka, would be allowed to inspect the 13 items to be tested.

Evans did not return calls Friday.

The prosecution team also could not be reached for comment Friday.

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