• Mar 20, 2013
  • KWCH TV
  • -
  • by Jim Grawe

Andrew Johnson from Salina is suing the fraternity he belonged to at the University of Kansas.  He says the frat provided unlimited access to alcohol to him and other underage members at Sigma Phi Epsilon.  Johnson was 18 at the time.

Johnson claims that after a drinking party two other underage frat brothers rammed his head into a concrete wall.   The lawsuit contends the injury left Johnson cognitively impaired and robbed him of the ability to smell.  He claims the fraternity is responsible.

“The injured student here contends that by rule, regulation, contract and Kansas law, the fraternity has a duty to prevent underage drinking at fraternity functions,” Wichita attorney Dan Monnat says.

Johnson admits in the suit that he had also been drinking.

We asked college students at Wichita State what they think about the lawsuit.

“We have the freedom to make our own choices, and if those hurt us it’s our responsibility,” Jon Brooks says.

Emily Tysick says, “I think it’s immature of him to sue his fraternity.  He made his decisions, and I just don’t think that’s right.”

But Monnat says the suit addresses a serious problem.

“Likely, the student is hoping the tide has changed–that the law and jurors are coming down harder on the ‘animal house’ antics of fraternity houses because they find real people get seriously injured.”

See video at KWCH

KWCH TV – by Jim Grawe

  • Mar 07, 2013
  • KAKE TV
  • -
  • by Jason Tarr

In the first case arising out of a sex-sting operation conducted in October 2011, a jury has found a Wichita man not guilty of any crime.

Kyle Miller was acquitted Wednesday in Sedgwick County District Court.

“It was obvious from the evidence, as is the risk in all sting operations, that an innocent man was entrapped in a government net that had simply been cast too wide,” said Trevor Riddle, Miller’s defense attorney.

In the sting, an undercover officer posed as an under-aged teen online. Police say they organized the special operation in response to an increase in human trafficking. Seven men were arrested, including Miller and popular Garden Plain football coach Todd Puetz.

Police were confident in the arrests. “In my mind, I believe these are good solid cases,” Captain Brent Allred said just days after the sting. But with Miller’s acquittal, now two of the seven men arrested in that sting are cleared. Charges against Reginald (Reggie) Shepard were dismissed at his preliminary hearing in January 2012.

In a press release to the media, Miller’s defense attorney suggested his client’s case showed how local, state, and federal investigators mishandled the sting.

“It was obvious from the evidence that the sting was operated carelessly, creating a great risk that innocent people like Kyle would be entrapped,” Riddle said.

Police, at the time of the sting, said the sting was uncharted territory. “We had never done one before so we had to put a lot of brain power in and hope that everything went smoothly,” Allred told reporters in 2011.

Lt. Doug Nolte says the Wichita Police Department will not comment on the sting or the court decisions right now because there are five other cases still pending. Todd Puetz is the next to have a jury trial. His trial is scheduled to begin in early April.

See video at KAKE

KAKE TV – By Jason Tarr

  • Feb 11, 2013
  • NYTimes.com.

To the Editor: Re “Why Police Lie Under Oath,” by Michelle Alexander

To the Editor: Michelle Alexander suggests two explanations for why officers lie: because they can, and to increase arrests. I would like to suggest a third.

Our system openly embraces certain police lies, such as undercover lies and lies to induce confessions. Given that officers also lie under oath, one has to wonder: Does the acceptance of lying in the field have a spillover effect into the courtroom? Can an officer who is trained to live an undercover lie fairly be expected to turn off the duplicity spigot upon crossing the threshold into the courtroom?

While ending all investigative lies is probably an unrealistic goal, it may be time to question our reflexive assumption that these lies are “good” lies. If we can nudge the police toward a stronger culture of honesty in the field, then perhaps we can better rely on them to maintain honesty in the courtroom.

DANIEL E. MONNAT Wichita, Kan., Feb. 5, 2013

The writer is a lawyer.

Read Article at NYTimes.com.

Click to read Dan Monnat and Paige A. Nichols’ article, To Protect and Serve… And Lie? Why Even “Good” Police Lies are Bad for Kansas Justice.

  • Feb 11, 2013
  • NYTimes.com.

To the Editor: Re “Why Police Lie Under Oath,” by Michelle Alexander

To the Editor: Michelle Alexander suggests two explanations for why officers lie: because they can, and to increase arrests. I would like to suggest a third.

Our system openly embraces certain police lies, such as undercover lies and lies to induce confessions. Given that officers also lie under oath, one has to wonder: Does the acceptance of lying in the field have a spillover effect into the courtroom? Can an officer who is trained to live an undercover lie fairly be expected to turn off the duplicity spigot upon crossing the threshold into the courtroom?

While ending all investigative lies is probably an unrealistic goal, it may be time to question our reflexive assumption that these lies are “good” lies. If we can nudge the police toward a stronger culture of honesty in the field, then perhaps we can better rely on them to maintain honesty in the courtroom.

DANIEL E. MONNAT
Wichita, Kan., Feb. 5, 2013

The writer is a lawyer.

Read Article on NYTimes.com.

Click to read Dan Monnat and Paige A. Nichols’ article, To Protect and Serve… And Lie? Why Even “Good” Police Lies are Bad for Kansas Justice.

  • Jan 18, 2013
  • KWCH TV
  • -
  • by Kim Wilhelm

DODGE CITY, Kan. — Four years after a girl’s death, there’s an arrest in case. Three year-old Natalie Pickle died in November 2008 in Dodge City.  At the time she was in the care of her mother’s boyfriend, Brock Cunningham.

Thursday afternoon, Cunningham was arrested and booked into the Ford County jail on suspicion of first degree murder and child abuse.  A sergeant at the jail tells Eyewitness News that Cunningham bonded out.  His bond was set at $75,000.

“The death of young Natalie Pickle over four years ago was a tragic loss,” said attorney Dan Monnat who represents Cunningham. “Brock had nothing to do with causing her death.  Brock tried to save Natalie’s life that night.  He has cooperated with law enforcement at the time of the investigation into Natalie’s death and told them he was innocent of any crime.  Today, again, Brock says he’s innocent and will proceed to jury trial unless these accusations are otherwise dismissed.”

When Natalie died, Cunningham told investigators Natalie fell off the bed. She died the following day.

Dodge City police ruled it a homicide.

In previous interviews with Eyewitness News, Natalie’s mother said doctors told them the injuries were too severe to be caused by a fall from a bed.

“He told us this looked like something from a fall from a five story building,” said mother Amanda Perry. “This isn’t something you see from a two foot bed.”

Eyewitness News has reached out to the Ford County attorney for more information.  Once details are available, we will bring them to you.

See video at KWCH

KWCH TV – By Kim Wilhelm

  • Jan 18, 2013
  • KAKE TV






A 28-year-old Dodge City man has been arrested in the 2008 death of his girlfriend’s daughter.

The Dodge City Globe reports that Brock W. Cunningham was charged Thursday with first-degree murder and one count of felony child abuse in the death of 3-year-old Natalie Pickle. The child was severely injured in Dodge City on Nov. 19, 2008, and died the next day at a Wichita hospital.

The child was in Cunningham’s care while her mother was at work. The case has remained open since authorities ruled the child’s death a homicide in December 2008.

Ford County Attorney Natalie Randall says Cunningham was released on $75,000 bond Thursday, but released few other details Friday in a written statement: “The County Attorney’s Office wants justice for Natalie Pickle, and will decline to comment further until court proceedings have concluded.”

Dan Monnat, Cunningham’s lawyer, said Friday that Cunningham is innocent of the charges and “had nothing to do with causing her death.” He says Cunningham tried to save the child’s life that night and has cooperated with law enforcement during the investigation.

The Associated Press contributed to this report.

See video at KAKE

KAKE TV

  • Jan 02, 2013
  • KWCH 12 Eyewitness News
  • -
  • by Jim Grawe

WICHITA, Kansas – It’s a first of its kind in Kansas, according to Wichita attorney Dan Monnat.

The state of Kansas is demanding William Marotta of Topeka help support a lesbian couple’s three-year-old daughter.

In 2009, Marotta answered the couple’s ad on Craigslist for a sperm donor. He delivered the sperm to their house, which the couple inserted on their own. Marotta also signed away all parental rights. The problem is, he didn’t realize that state law still considers him the birth father and responsible for supporting the child since a physician wasn’t involved in the insemination.

“The statute itself was probably well-intended, inserting a physician in the middle of this as the only practical way to assure against false claims of artificial insemination,” Monnat says.

When the couple broke up, the one who mothered the child turned to the state for public assistance. She says the state compelled her to turn over the biological father’s name. Now, Marotta is fighting the state’s demand of $6,000 in child support. His attorneys set up a Facebook page to solicit donations for the legal fees, as they ask a judge to dismiss the case.

“The issue will be whether to follow the letter of the law or to carve out some kind of exception of the law based on the parties’ intent,” Monnat says.

See video at KWCH

KWCH 12 Eyewitness News – By Jim Grawe

  • Jan 02, 2013
  • KAKE TV
  • -
  • by Chris Frank

Authorities in Lyon County are investigating after a homeowner shot an intruder breaking into his home near Neosho Rapids.

The shooting has left some asking what their rights are when defending their home or property from intruders. So-called Castle Laws or Doctrine date back to old English law removing the duty of a resident to retreat before using deadly force.

“Controversial cases like this always create a great hue and cry from the public” says Wichita attorney Dan Monnat. We asked Monnat, who has spent decades inside Kansas courtrooms, to research the law on the use of force when someone in breaking into a home.

“Kansas law permits a resident to use such force as the resident believes is reasonably necessary to prevent or terminate an unlawful entry into a dwelling.” says Monnat.

Last September, a Wichita resident shot at three men he says were breaking into his southeast Wichita home, striking one of them.

“Deadly force may used by those persons in those circumstances but only if the person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to the resident or another person.” according to Monnat.

He says the state law allows a resident to stand their ground with no duty to retreat and repel an aggressor’s force. However, Monnat says the law is different when defending property. He says the legislature has been careful to spell out when force and deadly force can be used.

“I would think that simply to prevent interference with private property deadly force would rarely be justified. We don’t want to go back to the wild, wild west.”

See video at KAKE

KAKE TV – By Chris Frank

  • Nov 26, 2012
  • Monnat & Spurrier

WICHITA, Kan. – “Best Law Firms” – a listing produced by U.S. News & World Report and Best Lawyers – has ranked Monnat & Spurrier, Chartered among the Best Law Firms in this metropolitan region in four distinct categories:

  • Appellate Practice
  • Criminal Defense: Non-White-Collar
  • Criminal Defense: White-Collar – Governmental Investigations
  • Criminal Defense: White-Collar – Litigation

“Best Law Firms” is one of U.S. News & World Report’s series of consumer guides that include rankings of hospitals, colleges, graduate schools, and more.  The magazine teams with Best Lawyers, the oldest peer-review publication in the legal profession, to rank each practice area by geographic region.  In surveys, law firm clients and leading lawyers were asked what factors they considered vital for clients who hire firms, and for lawyers who choose firms to refer legal matters to.

Monnat & Spurrier was founded by defense attorney Dan Monnat and legal scholar Stan Spurrier.  The firm has five lawyers and has gained an international reputation through its defense of such high-profile clients as late-term abortion provider Dr. George Tiller and the unfortunate person whose home was mistakenly raided by police as being that of serial killer BTK.

In addition to Monnat and Spurrier, the firm includes three former prosecutors noted for their criminal defense work:  Trevor Riddle; Sal Intagliata; and Jon McConnell.

Click here for the rankings posted online.

  • Oct 23, 2012
  • KFDI

For the eighth consecutive year, criminal defense attorney Dan Monnat of Wichita has been named one of the Top 100 Lawyers in Kansas and Missouri.

The list appears in the magazine, “Missouri & Kansas Super Lawyers – 2012.” Only 5 percent of all attorneys in the two states are listed in Super Lawyers.

Monnat has practiced in Wichita for more than 35 years. 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. He is a partner of Monnat & Spurrier, Chartered in Wichita.

Read Article on KFDI