• May 30, 2018
  • KSNW TV
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  • by John Asebes

WICHITA, Kan. (KSNW) – Released without prejudice.

The stepmother of Lucas Hernandez walked out of the Sedgwick County Jail again. This, after District Attorney Marc Bennett announced he wouldn’t be filing charges against Emily Glass yet.

Many in the community left with questions.

“I don’t find why they released her. It is like a joke,” says Candace Gallegos-Serna, who stood in protest of the release.

Sunglasses on, head down, and surrounded by family, Glass walked out of the jail.

“No charges are being filed today as we continue to follow up on newly developed leads,” explains District Attorney Marc Bennett.

“In Sedgwick County, we have diligent law enforcement officers and a wise and cautious district attorney,” adds Defense Attorney Dan Monnat.

By law, if you don’t charge someone within 72 hours of arresting them, they have to be released.

Monnat says he believes that Bennett is waiting for the autopsy and toxicology report before jumping to conclusions.

“They have to be able to prove beyond a reasonable doubt that the child died of criminal means rather than natural causes,” says Monnat.

“How are you going to know exactly where the body is?” asks Gallegos-Serna.

A question asked by man after police arrested Glass a few hours after finding Lucas’s body, saying it was Glass who led a private investigator to exactly where the body was.

Monnat says that isn’t proof of anything.

“I think it is dangerous to leap to conclusions about the allegation that a person supposedly led a private investigator to the child’s body, and, therefore, the person is guilty,” says Monnat. “That sounds like speculation.”

See full story at KSN.com

  • May 24, 2018
  • The Wichita Eagle
  • -
  • by Amy Renee Leiker

A former Wichita third-grade teacher caught dealing cocaine out of her kitchen won’t go to prison for now — but she will have to serve a 60-day jail sanction as a condition of her probation.

Heather K. Jones, 49, pleaded guilty on March 16 to one count of distributing cocaine and one count of using a phone for drug sales or purchases. Other drug distribution charges she originally faced were dismissed as part of her plea agreement with prosecutors.

Sedgwick County District Court Judge Bruce Brown on Thursday granted Jones’ request for probation after hearing a lengthy argument for it from her defense attorney, and testimony from several women who painted her as a gifted educator and generous friend.

But, he said in court, he was doing so “with some hesitancy.” Prosecutors asked that she be sent to prison.

“You’re a teacher. You know the issues drugs have in schools,” Brown told Jones before announcing her sentence.

“This is a very serious crime. … The effects of the crime of distribution of cocaine has on this community and on the individual lives of people — it’s horrendous. It’s a scourge on this community,” he said, adding that drug use and sales is the driving force behind much of Wichita’s crime.

Document: Wichita teacher sold cocaine to undercover deputy 7 times

Jones was teaching at Enders Open Magnet Elementary School in south Wichita when she was arrested in the drug case on July 11, 2017. By then she had worked for Wichita Public Schools for just shy of 10 years.

Law enforcement say she sold more than 100 grams of cocaine for just over $3,700 to an undercover Sedgwick County Sheriff’s Office detective who met her seven times at her home between June 7 and July 11.

During one of the sales, Jones told the detective that she liked to pack cocaine for her customers into pink jewelry boxes that sometimes included a necklace, according to a law enforcement affidavit that provided justification for the criminal charges filed against her.

Once she gave the detective a Kit Kat candy bar bag filled with packets of the drug, the affidavit said.

According to court documents, Jones started buying cocaine for her own use in 2012 – while she was a Wichita public schools employee. Later she started providing it to a male friend, the documents say.

That friend eventually introduced her to the undercover detective, her defense attorney, Trevor Riddle, said in court.

A psychologist hired by Jones also testified Thursday that childhood abuse and trauma involving men that carried into her adulthood played a key role in her decision to buy and sell cocaine.

In Jones’ mind, she was providing the drugs to men so they would like her, the psychologist, Lance Parker, testified.

“Heather truly believed the only way to keep these men in her life was to do what they asked — which was to obtain cocaine,” Riddle said.

Sedgwick County Assistant District Attorney Mandee Schauf argued that money was the reason Jones sold drugs.

“This is about $3,000. … It’s not about pleasing these men,” Schauf said.

When it was her turn to speak, Jones apologized and blamed herself for her crimes. “I honestly believe in myself that I can be better,” she said.

In addition to serving probation and the sanction, the judge told Jones she had to pay $3,730 to the Sheriff’s Office’s narcotics restitution fund – which is the amount of money she accepted from the undercover detective during the drug deals.

He also ordered her to attend substance abuse treatment meetings three times a week for at least 90 days.

Jones is no longer a teacher with Wichita public schools and lost her teaching certification. If she violates the terms of her probation, she could be sent to prison for 25 months.

See full story at Kansas.com

  • May 22, 2018
  • KSNW TV
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  • by John Asebes

WICHITA – What can police do, and not do, when they visit your home?

It’s a conversation many are having after Wichita police intentionally turned and blocked a camera on Sunday night.

“Due to safety concerns, one of the officers turned the camera away from where officers were standing on the porch,” explains Office Charley Davidson.

Defense Attorney Dan Monnat says, “It is an invasion of your privacy.”

In a report filed following the incident. One of the responding officers says they turned the camera to gain tactical advantage. Adding “and hoped that the occupants inside the residence would not see that it was the police there and open the door….”

“In our policy we can do what we need to stay safe,” says Officer Davidson. This was a violent known offender.”

Of course, safety is a top priority for police. But Monnat says what this officer did violated the homeowner’s rights.

“Police officers can’t go on your porch and do to your private property what would inspire most of us to, well, call the police.”

Without a warrant Monnat thinks this was a clear violation of the 4th amendment. The right of the people against unreasonable searches and seizures.

He says the amendment serves two purposes, to protect your rights, and the officers’.

“Officer safety is always a concern. It is a concern that the 4th amendment takes care of. It requires them to do what is reasonable. Obtain a warrant; if they are going to do more than an invitee, or social visitor is entitled to do…come on the porch.”

Police say they are going to do an internal investigation of the incident, which includes the officers body cam footage from that night.

See full interview at KSN.com

  • May 18, 2018
  • KSNW TV
  • -
  • by Craig Andres

WINFIELD, Kan. (KSNW) – A victim of an alleged racial profiling incident in Winfield is considering legal action.

KSN has reached out to Rudy Samuel who recorded the incident on his cell phone. Rudy gave KSN permission to share his video. Over the weekend, he was stopped for a turn signal violation in Winfield. An officer questioned some vegetation that was found in the window sill of his car. Samuel told the officer it was from a tree. The officer told Samuel to step out of the car, and he was detained during the incident. The cell phone video cut out, but audio continued.

Attorney Dan Monnat says a lot of questions remain.

“Did the law enforcement officer really have a solid basis for immediately concluding that the vegetative matter on the window sill of the car was really contraband?” asks Monnat.

Freedom 1 Organization is the official spokesman for Samuel. The group said it is planning a protest soon in Winfield.

“Rudy is pretty shook up over this,” says Peter Wright with Freedom 1. “We are hoping to get this information out so this won’t happen to anyone else. Nowhere in this country.”

KSN has reached out to Winfield police for further comment.

“And I’m certainly aware of the video that’s online that involved our department,” said Winfield Police Chief Brett Stone. “And we train, we learn, we do conduct these traffic stops routinely.  And certainly each traffic stop has facets to it depending on the nature of the call, the nature of the stop, the nature of what the infraction is. So, we do our best to adapt and adjust to those and conduct them safely and certainly within legal guidelines.”

See full story at KSN.com

  • May 15, 2018

Sarah Ellen Johnson – a former Kansas Capital Appellate Defender with more than 17 years of experience in the appeals courts of Kansas – has joined Monnat & Spurrier, Chartered to lead the firm’s appellate practice and legal research and writing section.

“Sarah has taken two cases to the United States Supreme Court and filed over 80 briefs in the Kansas appeals courts, including five briefs in death penalty cases,” said Dan Monnat, president of the firm. “She is an accomplished writer with a gift for honing persuasive legal arguments, and we are thrilled to have her leading our appellate practice.”

Johnson received her law degree from the University of Wisconsin-Madison Law School, with honors. She also holds a bachelor’s degree in political science from Carleton College.

Founded in 1985 by litigator Dan Monnat and legal scholar Stan Spurrier, Monnat & Spurrier has built an international reputation for criminal defense, white-collar criminal defense, computer crimes defense and appellate defense. The firm now has seven attorneys.

  • May 04, 2018

WICHITA, Kan. – Chambers USA 2018 – which annually conducts surveys of lawyers and their clients – has ranked Dan Monnat, of Monnat & Spurrier, Chartered, in the top tier of Kansas litigators practicing in the White-Collar Crime and Government Investigations sector. Based on its survey, Chambers USA describes Monnat as “…a highly respected practitioner who is routinely referred to by peers as a ‘top-notch’ attorney in the field of white-collar criminal defense. He offers huge experience of trial and appellate proceedings and is thought of by interviewees as ‘one of the go-to people in Kansas.'”

“It is truly gratifying to receive this review by Chambers USA,” Monnat said. “Our firm approaches every case with relentless thought, action, courage and care. Clearly, our clients and legal peers have appreciated our commitment and work ethic.”

Monnat has practiced criminal law, white-collar criminal law and appellate law in Wichita for more than 40 years. A graduate of California State University, Monnat received his J.D. from Creighton University School of Law. He also 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. He was the Governor’s appointee to the Kansas Sentencing Commission from 2007 – 2011.

Monnat has earned distinction as a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Criminal Lawyers, the Litigation Counsel of America and the Kansas Bar Foundation. He currently sits on the Kansas Association of Trial Lawyers’ Board of Editors.

Monnat is a member of the National Trial Lawyers Association and served as a member of the National Association of Criminal Defense Lawyers Board of Directors from 1996 – 2004. He is a frequent lecturer at NACDL conferences and at other legal seminars around the country.