• May 20, 2021
  • KSNW TV
  • -
  • by Craig Andres, Alexis Padilla

WICHITA – The case involving two brothers convicted in a crime spree in December 2000 in Wichita that left five people dead was the focus of arguments in the Kansas Supreme Court Monday.

Jonathan and Reginald Carr were convicted in 2002 on four counts of capital murder, one count of murder, one count of attempted murder, and multiple counts of rape, kidnapping, and robbery.

The week-long crime spree involved the robbery of an assistant baseball coach and the carjacking of Ann Walenta, a local cellist, who was injured and later died in the hospital. A few days later, the brothers broke into a home where they abused and terrorized the five friends present inside for hours. Finally, after being forced to take money out of ATMs, they were taken to a field, shot in the head, run over, and left for dead. Brad Heyka, Heather Muller, Aaron Sander and Jason Befort were killed.

One woman survived when a bullet hit a barrette in her hair. During the trial, she was referred to as H.G. Her testimony was key in the case.

Though the brothers’ convictions have been upheld, the sentencing phase of the capital murder charges is the focus of the appeal process.

The courts heard arguments on the sentencing phase, including errors that may have taken place during sentencing. The court will ultimately make a ruling again whether the death penalty should be upheld or overturned on other grounds.

“What we have argued is that the prejudice in not allowing him to present his defense in the guilt phase leached into the penalty phase,” said Debra Wilson, attorney for Reginal Carr to the Kansas Supreme Court on Monday.

Wilson argued Reginald Carr should have been able to testify that he was not responsible and that it may have been a case of mistaken identity.

The attorney for Jonathan Carr told the Kansas Supreme Court there were circumstances that mental health issues for Jonathan needed to be addressed in sentencing.

“What we have argued is that the prejudice in not allowing him to present his defense in the guilt phase leached into the penalty phase,” said Clayton Perkins, attorney for Jonathan Carr.

Both defense attorneys say the proceedings for the brothers should also have been separated in the penalty phase. They also claim there were issues with jury instructions. The defense for the State of Kansas argued none of that should impact the jury sentence of death.

“There was no error,” said David Lowden, attorney for the state. “To the extent that this court does find error, we submit that none of those errors raised to the level of being reversible error. That they were harmless error basically.”

KSN Legal Analyst Dan Monnat says the proceedings are not swift in death penalty phase arguments.

“When the government seeks the ultimate penalty,” said Dan Monnat, “the ultimate degree of care must be given to the human being involved.”

The case could be brought back to Sedgwick County eventually. If it does, the district attorney in Sedgwick County would make the call if there will be a new jury to repeat just the sentencing phase.

On Monday afternoon, Sedgwick County District Attorney Marc Bennett released the following statement:

“The Kansas Supreme Court heard arguments today in the cases of State v. Reginald Carr and State vs. Jonathan Carr. David Lowden, former Chief Attorney of the Appellate Division of the Office of the District Attorney, 18th Judicial District, argued the case for the State of Kansas while appellate attorneys, Debra Wilson and Clayton Perkins, presented arguments on behalf of the respective defendants.

In 2014, the Kansas Supreme Court upheld the guilty verdicts against both defendants but overturned the verdicts of death against each defendant. That decision was based on a finding that the United States Constitution had been violated by the penalty phase of the two cases having been tried together.  Other issues raised by the defendants on the grounds of Kansas law were not decided at that time.

The State of Kansas appealed this decision to the United State Supreme Court and in 2016, the US Supreme Court reversed the decision of the Kansas Supreme Court. The matter was back today for arguments on the remaining issues not decided by the Kansas Supreme Court in 2014.

At the close of the arguments today, the Kansas Supreme Court took the two cases “under advisement,” meaning the court will now review the case and issue final decisions at some future date.  The Court does not offer an estimated time frame as to when they will issue final opinions.”

See full story at KSN.com

  • May 13, 2021
  • KAKE TV
  • -
  • by Eli Higgins

“I had a cousin pass away in Rose Hill from COVID, you know, so it’s close to home,” said Wichita resident Jeff Darge.

Darge said, like many, he’s tired of wearing masks but has followed the rules closely after losing a family member to COVID-19.

He and other Wichita residents like Jeffrey Garrison were ecstatic to hear the news Thursday that the CDC is loosening its mask restrictions.

“I think that’s great. Great. It’s about time,” said Darge.

“I’m just extremely happy that we’re going to be able to stop wearing the masks if you’re fully vaccinated,” said Garrison.

The new guidance says fully vaccinated people can ditch social distancing and masks just about anywhere, even if crowded indoors. If you’re not vaccinated, the CDC says you should still mask up.

But it begs the question, can businesses legally enforce it?

“It’s important to remember that private businesses have always had the right to impose non-invidiously discriminatory requirements upon their customers,” said Wichita lawyer Dan Monnat.

Monnat said businesses have every right to enforce the new guidelines by asking customers who don’t want to wear masks to show proof of vaccination. He said he could only think of one scenario where a business could get into hot legal water.

“I think it gets complicated if a business wants to refuse service to someone who cannot be vaccinated because of a disability,” said Monnat.

But even then, Monnat said the business could simply ask the customer to wear a mask instead.

People like Darge and Garrison say they think it’s a big step in the right direction.

“Hopefully, people can get back to normal because it’s been a stress and strain, no matter what you’re doing, whether you’re working or whether you’re not working,” said Garrison.

“Yay, like, it’s light at the end of the tunnel. You know, I was hoping this day would come in that we would not have to wear masks and get back to normal, and maybe you see social distancing and stuff like that also,” said Darge.

The City of Wichita issued this statement in response to the new guidelines Thursday:

The City of Wichita is closely reviewing revised Centers for Disease Control and Prevention (CDC) COVID-19 guidelines issued today, Thursday, May 13, 2021, and is conferring with local officials, including the Sedgwick County Health Department, to evaluate best practices to ensure the health and safety of the public and city employees.

City facilities, including City Hall, will continue to require the use of face masks and the practicing of safe social distancing protocols while we further evaluate public health guidance.

The City strongly encourages every resident to get vaccinated as soon as possible. The vaccine is free with no appointment necessary. Find COVID-19 vaccination information here: https://www.sedgwickcounty.org/covid-19/vaccine/

See full video at KAKE.com

  • Apr 12, 2021

WICHITA, Kan. – For the fifth straight year, Who’s Who Legal and Global Investigations Review have named Dan Monnat, of Monnat & Spurrier, Chartered, as one of the world’s leading practitioners in the Investigations sector. Who’s Who Legal collaborates annually with Global Investigations Review to identify the world’s leading lawyers, forensic accountants and digital forensics experts who assist companies and individuals under investigation by regulatory or law enforcement agencies. Monnat is the only attorney in Kansas to be recognized.

“Globally, there’s been a steady rise in demand for lawyers who handle bet-the-company and white-collar criminal defense cases,” said Monnat. “Forensic investigation is a focused area of expertise and it’s an honor to be included among this stellar group of colleagues.”

Monnat has practiced in Wichita for nearly 45 years, handling criminal and white-collar criminal cases that have attracted international attention. He was named one of Super Lawyers’ Top 10 attorneys in Missouri and Kansas for 2018, 2019 and 2020, and he has been honored by Best Lawyers in America for more than 30 years. He is a Fellow of the International Academy of Trial Lawyers, the American College of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Foundation and the Kansas Bar Foundation.

A graduate of California State University, Monnat received his J.D. from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.  From 2007 – 2011, Monnat served on the Kansas Sentencing Commission as a Governor’s appointee. He currently sits on the Kansas Association of Trial Lawyers’ Board of Editors.

Monnat served as a member of the National Association of Criminal Defense Lawyers Board of Directors from 1996 – 2004, and is a two-term past president of the Kansas Association of Criminal Defense Lawyers.

Monnat & Spurrier, Chartered is celebrating its 35th year protecting the Constitutional rights and privileges of clients throughout Kansas and the Midwest.

  • Mar 24, 2021
  • KWCH TV
  • -
  • by Grant DeMars

WICHITA – Even without a mandate in Sedgwick County, you may still want to bring a mask with you if you’re planning to go out. While masks and social distancing in public are recommendations instead of requirements from the county level, individual businesses can still require the safety measures and deny service to those who won’t comply.

Among Wichita businesses opting to continue requiring masks is Leslie’s Coffee Company in the city’s Delano District.

“We have been trying to look at the CDC guidelines and what scientists are recommending as the best thing to do,” Leslie’s owner Sarah Leslie said.

The coffee shop started requiring masks before the city, county and state mandated them. At least for awhile, Leslie said that will continue.

“We will still be asking people to wear masks. We’ll still be wearing masks behind the counter,” she said.

Defense attorney Dan Monnat said that decision is well within the rights of privately-owned businesses.

“Private businesses have always had the right to impose non-discriminatory requirements on their customers,” Monnat said. “One example of that is the classic, ‘No shoes, no shirt, no service.”

He also said if you don’t comply with a business’s rules, you could face penalties for interfering with business or trespassing. But it’ll take more than ignoring a sign on the door to do that.

“First, the person has to be asked to leave and refuse to leave before they can be prosecuted for criminal trespass,” Monnat said.

Leslie said the safety of her employees and customers is the top priority.

“If people don’t want to wear a mask, we can still serve them. They can call in their order or order online and we can bring it out to them,” she said. “But if they want to come inside, we just ask they put one on.”

Once her staff is vaccinated and the CDC says it’s safe to gather without face coverings, Leslie said they’ll stop requiring masks at the shop.

See full video at KWCH.com

  • Jan 11, 2021
  • KAKE-TV
  • -
  • by Morgan Mobley

Is Big Tech’s censorship of President Donald Trump a violation of the First Amendment? That is a hotly contested question among many right now.

Twitter and Facebook have banned President Trump from their platforms.

Just today, Facebook announced the removal of content containing the phrase, “Stop the steal.”

Some people believe this is an infringement on freedom of speech.

Legal expert Dan Monnat says that’s simply not true.

“Private individuals and companies can engage in censorship. The First Amendment only prohibits censorship by the government,” says Monnat.

Monnat goes on to say not only is this kind of online restriction legal and constitutional, it’s supported by the Communications Decency Act.

“Section 230 of the Communications Decency Act, which applies to online activity, encourages and immunizes censorship as to content that is violent, obscene or harassing,” Monnat says.

While activating a profile, every user must initially agree to terms of use.

“Here, where Facebook or Twitter has simply denied further access to someone who has violated the terms of their use by contract,” Monnat said.

See full story at KAKE.com

  • Dec 01, 2020
  • by Monnat & Spurrier, Chartered

WICHITA, Kansas – Missouri & Kansas Super Lawyers has named two Monnat & Spurrier,
Chartered, attorneys to its esteemed list for 2020. Sal Intagliata was honored by Super Lawyers for
the seventh consecutive year, and Matt Gorney earned recognition as one of Super Lawyers’ “Rising
Stars” for the third consecutive year.

Only 5 percent of eligible attorneys are selected for the overall Super Lawyers list. Only 2.5 percent of
eligible attorneys are honored among the Rising Stars list, which includes only those attorneys under
40 years of age.

Sal Intagliata is a shareholder in the firm and has practiced law for 25 years His career includes 21
years as a distinguished criminal defense attorney in private practice, as well as four years as a
Sedgwick County Assistant District Attorney, where he prosecuted cases in the Gangs/Violent Crimes
Division.

Intagliata serves on the Kansas Judicial Council Criminal Law Advisory Committee and the Kansas
Supreme Court Pretrial Justice Task Force. He is a past member of the Board of Governors of the
Kansas Association of Criminal Defense Lawyers. He is a past vice president of the Wichita Bar
Association, as well as a past member of its Board of Governors and past chair of its Criminal Practice
Division.

Intagliata earned his bachelor’s degree, with distinction, from the University of Kansas, graduating
with dual majors in political science and Spanish. He earned his Juris Doctorate from the University of
Kansas School of Law. He is also a graduate of the National Criminal Defense College.
Matt Gorney is an associate with the firm whose practice includes criminal defense, DUI defense and
appellate work.

Formerly a professional journalist, Gorney graduated from the University of Kansas School of Law in
2013 where he earned certificates in both Advocacy Skills and Media, Law and Technology. He
simultaneously earned a Master of Science Degree in Journalism from the William Allen White School
of Journalism and Mass Communications after successfully defending his thesis: Social Media and

Kansas Courtrooms: Assessing Kansas Supreme Court Rule 1001 and Exploring Possible
Improvements. He earned a bachelor’s degree from Kansas State University majoring in journalism
with a minor in Leadership Studies.

Gorney is a past Board Member of both Music Theatre of Wichita and the Delta Chi Fraternity.

Monnat & Spurrier celebrates its 35 th anniversary this year. The firm was founded in 1985 by Monnat
and legal scholar Stan Spurrier. Today the firm has six lawyers and has earned a reputation for its work
in criminal defense, white-collar criminal defense and criminal appeals.

  • Nov 16, 2020

WICHITA, Kansas – Noted criminal defense attorney Dan Monnat, of Monnat & Spurrier, Chartered, has been named to the Top 10 list of Missouri & Kansas Super Lawyers for 2020. It is Monnat’s third consecutive year to be named among the prestigious Top 10. He has been listed on the Missouri & Kansas Super Lawyers’ Top 100 list overall for 15 years.

Monnat has practiced in Wichita and across Kansas and Nebraska for 45 years, concentrating on criminal defense, white-collar criminal defense, appellate defense and bet-the-company litigation. His cases have attracted international attention, including the defense and acquittal of late-term abortion provider Dr. George Tiller and the defense of an innocent man wrongly accused of being the notorious BTK.

“Across all practice areas, there are many stellar attorneys in the Midwest,” Monnat said. “I’m truly honored to be listed among the Top 10 attorneys in Missouri and Kansas. After 45 years of practice, it continues to be my greatest privilege to protect and defend the rights of those accused.”

A graduate of California State University, Monnat earned a Juris Doctorate from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

Monnat currently sits on the Kansas Trial Lawyers Association’s Board of Editors and is the Criminal Law Chair. He is a Fellow of the American Bar Association, the Kansas Bar Association, the American College of Trial Lawyers, the International Academy of Trial Lawyers and the American Board of Criminal Lawyers. He is a Life Member and past Board Member of the National Association of Criminal Defense Lawyers, as well as a two-term past president of the Kansas Association of Criminal Defense Lawyers.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.  

Monnat & Spurrier celebrates its 35th anniversary this year. The firm was founded in 1985 by Monnat and legal scholar Stan Spurrier. Today the firm has six lawyers and has earned a reputation for its work in all sectors of criminal defense and criminal appeals.

  • Nov 05, 2020

WICHITA – A joint survey released today by U.S. News & World Report and Best Lawyers awards Monnat & Spurrier, Chartered, five “Best Law Firms 2021” rankings for:

  • General Practice Criminal Defense
  • White-Collar Criminal Defense
  • Appellate Practice
  • DUI/DWI Defense
  • Bet-the-Company Litigation

“This year our firm celebrates 35 years of protecting the rights and liberties of those accused,” said Dan Monnat. “We are gratified by the honors bestowed on our firm and our attorneys, but we continue to believe the greatest honor of all lies in serving clients all across Kansas.”

“Best Law Firms” rankings are compiled using evaluations by clients who are asked to rank firms on criteria including responsiveness, cost-effectiveness, civility, and whether the client would refer others to the firm. Best Lawyers also conducts an independent analysis of each firm and surveys attorneys in similar practice areas.

Defense attorney Dan Monnat and legal scholar Stan Spurrier founded Monnat & Spurrier in 1985. The firm has gained an international reputation for its defense of such high-profile clients as late-term abortion provider Dr. George Tiller; the unfortunate innocent person whose home was mistakenly raided by police as being that of serial killer BTK; and most recently, the Western Kansas man wrongly accused of murdering a four-year-old child by cruelly beating or shaking her.

In addition to Monnat and Spurrier, the firm includes shareholders Trevor Riddle and Sal Intagliata, and associates Matt Gorney and Eli O’Brien.

  • Oct 20, 2020
  • KAKE TV
  • -
  • by Eli Higgins

By Eli Higgins – KAKE TV

WICHITA – Residents of Willowbend near 37th and Rock in Wichita woke up Monday morning to a big surprise.

“I noticed that the sign had changed overnight… I stopped and looked at it, and I could see that it had obscenities on it,” said a Willowbend resident.

The homeowner, who didn’t want to be identified, couldn’t believe what someone did to the sign he put in his yard in support of President Trump.

“It’s pretty graphic. Most of these are not one-liners, but one word… It’s hate. It all spells hate,” said the resident.

He found one side covered in words like “Rapist, racist, dumber than a 5th grader,” the other side had large, bold letters saying “F(expletive) Trump 2020.”

He drove around the neighborhood to find several more President Trump signs vandalized. Signs in support of former Vice President Joe Biden were left untouched.

“Political speech is at the core of the First Amendment privilege. Everyone is free to express themselves. And no one has a First Amendment right to suppress the speech of another by physical threats, destruction, damage, defacement, or violence,” said criminal defense attorney Dan Monnat.

Monnat said a crime like this could not only carry typical charges like criminal trespassing, damage to property, and disorderly conduct but could even potentially be considered a hate crime.

“Interfering with the core constitutional rights of another person is always a serious matter,” said Monnat.

As for the Willowbend resident, he said his biggest hope is that people can learn to be kind, even when they don’t agree.

“It’s fine to disagree. I mean, that’s, that’s part of what, what makes this country so great. But you have to do it in a respectful manner. And be law-abiding about it,” said the resident.


See full story at KAKE.com

  • Sep 14, 2020
  • KSNW TV

WICHITA – Sedgwick County’s Local Health Officer Dr. Garold Minns signed a new emergency public health order which will take effect Tuesday, September 15, 2020, at 12:01 a.m. The order will remain in place until at least midnight, Wednesday, October 21, 2020.

“It takes some of the ambiguity out of the enforcement provisions,” said attorney Dan Monnat.

Over the weekend, several bars in the area broke curfew.

Section III of this order was revised to clarify that the order is mandatory.  Any persons or organizations within the county must comply with the order.

“Compliance is mandatory and failure to comply may now be enforced by criminal charges and such regulatory or licensing penalties,” Monnat added.

“We believe that that was a lawful order all along and they were trying to find some way to that they could stay open and I understand that completely,” added County Commissioner David Dennis.

The county said Dr. Minns will continue to review and monitor COVID-19 trends in the community and will consider lifting restrictions as trends move in a positive direction.

“We need to talk to Dr. Minns also to make sure what the intention is for closing at 11 o’clock,” Dennis said.

See full story at KSN.com