Prosecutors drop bid for quadruple homicide suspect's mental health records
By DOUG CARDER, Herald Senior Writer | 11/26/2013
Prosecutors withdrew their motion to obtain quadruple-murder suspect Kyle Flack’s mental health records Tuesday in Franklin County District Court.
The 28-year-old Ottawa man has been charged in connection with the murder of three adults and an 18-month-old girl in early May west of Ottawa.
Stephen Hunting, Franklin County attorney, declined to discuss the nature of the subpoena to obtain Flack’s records because it had been sealed by the court, he said after the defendant’s status conference Tuesday afternoon. The prosecution team of Victor Braden, deputy attorney general for the State of Kansas, Hunting and James Ward, assistant Franklin County attorney, withdrew their motion based on the defense counsel’s objection.
Ronald Evans, Flack’s Topeka-based defense attorney, said he had objected to the motion because his client’s mental health records were privileged information. The prosecution could refile the motion seeking Flack’s mental health records at a later date.
Evans, head of the Kansas Death Penalty Defense Unit, waived objection to the state filing two subpoenas to obtain unspecified business records. Hunting would not comment on those motions, which also have been sealed by the court. Evans said the motions related to witnesses’ records, though he did not elaborate on what those records might be.
Prosecutors also filed a second motion Friday to perform DNA testing on five undisclosed items collected as potential evidence in the case. At the status conference Tuesday, Hunting told District Judge Thomas H. Sachse the testing likely would consume the items. Evans objected to the state performing consumptive testing, he said, because it would not allow the defense to conduct its own independent DNA testing of those items in the future.
Evans declined to identify the five items Tuesday because they were under court seal.
Sachse plans to rule on the prosecution’s motion for DNA testing at 10:30 a.m. Dec. 20 in district court, 301 S. Main St., Ottawa.
Flack’s preliminary hearing is scheduled for 9 a.m. March 11, 2014.
Flack, who appeared in district court Tuesday sporting a close-shaved head and thick beard, 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 18-month-old Lana Leigh Bailey. 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. Authorities have not released details about their deaths, but have said a gun was used in the commission of the crimes.
Flack could receive the death penalty if convicted of capital murder in the case. He remains in Franklin County Jail, 305 S. Main St., Ottawa, on $10 million bond.