• Dec 15, 2014
  • KSNW TV
  • -
  • by Brittany Glas

WICHITA — After 36-year-old victim, Letitia Davis, was found burned and beaten on November 14 in Fairmount Park, sexual assault evidence was collected and entered into the Sedgwick County Forensic Science Center (SCFSC).

According to both probable cause affidavits in the arrest of the suspect, Cornell Antoine McNeal, 26, a representative from the SCFSC advised that there was a preliminary match for the DNA profile previously run from the Sexual Assault Evidence Collection Kit (SAECK) taken from Davis’ body.

The doctor said the “single-source male profile located from the SAECK matched a previously submitted known standard profile of Cornell A. McNeal which was submitted under case number 10C61417.”

KSN learned that the case is a Wichita Police incident report filed in August 2010.

In that report, a victim alleges that a suspect forcibly raped her. McNeal’s name is not listed specifically on the incident report, but this is the case Wichita Police said is tied to McNeal’s DNA.

“The search of a person’s body, for fluids containing DNA, is just that: a search,” explained Dan Monnat, a legal analyst. “Most searches require a search warrant. However, an exception to the search warrant requirement is free and voluntary consent.”

KSN is still working to learn the specific details surrounding this 2010 case, however, they were not yet available Monday.

In Kansas, even if a suspect who submitted DNA is cleared of a crime, his or her DNA is not wiped out of the database automatically.

“If another crime comes up that they’re investigating, and you have not expunged your DNA, the DNA is on file to be used in connection with any criminal justice purpose,” said Monnat.

In the case of Cornell McNeal, documents show that when presented with the DNA analysis outlined in his arrest affidavit, McNeal maintained his innocence.

Kansas law maintains that all adults and juveniles – arrested, charged, or placed in custody – for felonies and some misdemeanors, are required to submit biological fluids containing DNA.

KSNW TV – By Brittany Glas

  • Dec 05, 2014
  • KSNW TV
  • -
  • by Craig Andres

WICHITA, Kan. – The State of Kansas has joined a lawsuit, in a legal challenge to President Barack Obama’s stance on immigration.

The President recently announced an executive order that would grant temporary immunity from deportation, to illegal residents who have children that are naturalized citizens. The deal would be for illegal residents who agree to undergo a background check, and agree to pay taxes.

KSN asked some in the Hispanic community, what they thought of the State of Kansas joining a lawsuit to stop the executive order

“We are not here to take your jobs. Or your country. We are here just to be somebody,” says Maria Saenz.

Maria came to Kansas about ten years ago with her mom and dad from Mexico. She is working on finishing up her legal citizenship requirements, and so is her dad.

“Right now I think what Obama did was helpful for many people,” explains Maria. “Especially for kids that are citizens.”

While Maria works on her degree at Wichita State University, she wonders what is next. Maria had questions about the Presidential executive order, and whether or not it will stand.

We asked a legal expert.

“This isn’t really Kansas or any state (15 total) suing the President,” explains legal analyst and attorney, Dan Monnat. “It’s the states suing a number of government agencies like border patrol and homeland security, asking the courts to declare the President’s recent order on immigration, unconstitutional.”

Monnat says the courts will have to respond to the lawsuit.

“There will be a response, yes,” says Monnat. “But, generally, a President has broad immunity from any actions performed on the job.”

The Sunflower Community Action group of Wichita also rang in on the State of Kansas joining a lawsuit.

“I think the entire country is at a moment right now where we are dealing with an issue of racial disparities,” says Sulma Arias with Sunflower. “Congress needs to stand behind the President.”

But the U.S. Congress on Thursday voted to not stand with the President on the immigration executive order. Congress voted to say the executive order was “null and void” and should be challenged.

And while Congress and the President disagree, some in Wichita say giving temporary immunity from deportation just makes sense.

“We are not here to take your jobs. Or your country. We are here just to be somebody.  And help our parents and family in Mexico,” Maria explains once again. “In Mexico I don’t have many opportunities. Here I can go to college, I can be somebody. I can get my bachelor’s. Right now I am studying to get my bachelor’s degree from Wichita State.”

The Kansas Attorney General offered a press release in the way of a statement on Kansas joining Texas and 15 other states in a legal challenge to the President’s executive action.

Kansas Attorney General Derek Schmidt today joined with Texas and 15 other states in a legal challenge to President Barack Obama’s unilateral decision to stop enforcing parts of federal immigration law.

KSNW TV – By Craig Andres