WICHITA, Kan. – Chambers USA 2019 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 annual survey of law firm clients and peer lawyers, Chambers USA quotes one survey source who described Monnat as “an outstanding practitioner” who does “outstanding work”. Monnat handles a wide range of litigation matters, with a particular depth of experience in white-collar and government investigations.

“I’m both humbled and gratified by this year’s Chambers USA review,” Monnat said. “Our commitment is to approach every case with outstanding thought, action, courage and care. Being recognized for that work ethic is a genuine honor.”

Monnat has practiced criminal law, white-collar criminal law and appellate law in Wichita for nearly 45 years, and was named by Super Lawyers® 2019 as one of the Top 10 Lawyers in Missouri and Kansas. 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 editorial contributor on criminal defense topics, Monnat is co-author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition. He also lectures at NACDL conferences and at other legal seminars around the country.

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 American Bar Association 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 is a past member of the Board of Directors of the National Association of Criminal Defense Lawyers.

WICHITA – The NCAA tournament started Thursday around the country and people are placing bets on their brackets to win money.

Watch parties and being with friends and family are one part of the NCAA tournament. One person in Wichita said he drove from Minnesota to watch with his friends.

“I’ve known them over a couple years,” said Wayne Nelson. “But yeah, just come down here to watch some games, get together with these guys and have some fun,” said Wayne Nelson.

Some people fill out brackets and pick teams to win all the way to picking the national champion in April.

“I think just the trash talking about the brackets, see who goes furthest and most wins,” said Matt Mies, a local resident who watches the tournament. “It’s just about bragging rights.”

Bets are also placed on these brackets between friends and on websites such as ESPN, CBS Sports, or Yahoo Sports.

“I definitely like to gamble a little bit,” said Bryndon Moussavi, another local resident who watches the tournament.

According to the American Gaming Association, 47 million Americans will bet near $8.5 billion on this year’s NCAA Tournament. Moussavi said, it’s all for fun.

“It’s just fun, win, lose, typically you’re out by the first day but you know if you make it into day two, three, it’s pretty cool,” he said.

However, most people don’t know gambling like this is illegal in the state of Kansas. Regardless of if it’s on a previously mentioned website in a state where it’s legal, or between friends, Dan Monnat, a local lawyer, said it is still illegal.

“If they do it in Kansas, it’s illegal, and if somebody participates in it from Kansas, it’s illegal,” he said.

He said it is legally considered a bet because there are things the person can’t control. He mentioned the referees, injury and illness as factors that make it a bet by chance.

The Supreme Court ruled that it was unconstitutional for federal law to prohibit states from legalizing sports gambling, but Kansas has not legalized it yet. Monnat said it’s just a matter of if prosecutors want to take the case.

“We have seen federal prosecutors in Kansas go after sports betting within the last four or five years,” he said.

Some states have legalized sports gambling, according to Monnat. Nevada, New Jersey and Delaware are a few named by Legalsportsreport.com. He said something could be in the waiting to legalize it, but he said he did not know if anything was.

See full story at KAKE.com

WICHITA – For the third consecutive year, Who’s Who Legal has named Dan Monnat 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.

“This peer group consists of renowned experts around the globe who focus on bet-the-company defense work. It’s an honor to be listed among these esteemed colleagues,” said Monnat. “Our duty is to ensure that clients’ Constitutional rights are protected from overzealous regulatory and law enforcement personnel. It’s our privilege to stand up for these clients during some of the darkest chapters of their professional lives.”

Monnat has practiced in Wichita for more than 40 years, handling criminal and white-collar criminal cases that have attracted worldwide attention. Last fall he was named one of Super Lawyers’ Top 10 attorneys in Missouri and Kansas. He is a Fellow of the International Academy of Trial Lawyers, the American College of Trial Lawyers, the American Board of Criminal Lawyers and the American Bar Association.

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.

WICHITA, Kan. – Multiple salons in Wichita have filed police reports about a man they say has been behaving inappropriately.

Police say they are looking into the matter, but a Wichita defense attorney said the man is not doing anything illegal.

“He’s kind of indiscriminate but he’s going places where I’m sure…he’ll get the attention of women,” said Becky Smith, Mary Kate and Co.

Five salons claim a man has walked into their business, asked for a product and then drew attention to his pants area. The man would then leave the business without making a purchase.

“I figured he kind of knew what he was talking about,” said Hannah Bates, Eric Fisher West. “But when he came in he was fully aroused.”

The man’s actions are making stylists and customers uncomfortable.

Wichita police say they are working to identify the man in order to speak with him and determine if he’s doing anything illegal.

Criminal defense attorney Dan Monnat says the man’s behavior is not illegal.

“What one person imagines is underneath another person’s clothing is, by legal definition, not a public exposure,” said Monnat. “Therefore, this accused behavior cannot be prosecuted as a violation of the lewd and lascivious behavior law.”

The man usually wears a green jacket with khaki pants. If you know who he is, call CrimeStoppers at 316-267-2111.

See full story at KSN.com

WICHITA – Questions still remain about the charges filed against a man accused of kicking a toddler and yelling racial slurs while in a Dillon’s store in December.

The Sedgwick County District Attorney’s Office said the case will not be investigated as a hate crime because the state of Kansas doesn’t have a hate crime statute.

On the surface, it may seem like a hate crime, but criminal defense lawyer Dan Monnat, with Monnat & Spurrier Chartered, said it’s not that cut and dried.

“The first question to ask about a proposed hate crime is: were such factors as race, religion, ethnicity, sexual orientation really the motivation for the crime,” said Monnat. “Or, was the crime just motivated by such extraneous things as alcoholism, drug addiction, mental illness — the usual motives for crime?”

While the statute may not exist in Kansas, there is a federal law on the books.

“If a hate crime escapes state prosecution, the person may also be prosecuted federally,” Monnat said.

The local branch of the NAACP has stated publicly that it wants the case investigated as racially motivated.

“There were the reports of racial epithets being spoken by this guy,” said Larry Burks, president of the Wichita branch of the NAACP. “He had self-proclaimed to be a white supremacist. On the surface, that seemed like an incident that was fully uncalled for.”

Burks said that even though Riff has been charged with attempted aggravated battery, disorderly conduct and interference with law enforcement, the NAACP is keeping tabs on the case.

“We’re going to be supporting the family and stay in close touch with the DA’s office and our police department to make sure things work the way they’re supposed to work,” said Burks.

Riff will be back in court on January 24.

Monnat said in cases like these, if the federal government seeks its own hate crime charges, it will investigate independently but will consult with the state regarding jurisdiction.

See full story at KSN.com

WICHITA – Wichita police say a 16-year-old robbery suspect died after being shot by an armed citizen during a robbery at a south Wichita convenience store on Friday.

It happened around 2:45 p.m. the B&H Fast Trip on south Seneca.

Police say four males walked into the store and demanded money at gunpoint. A customer in the store was also robbed before pulling out his own firearm and shooting toward the suspects, killing the teen.

The other suspects fled the scene and police are still looking for them.

Employees at a nearby business that was open when the robbery took place said the situation was scary so close to home. Employees at the Fantastic Sams hair salon located right next door to the convenience store said all the commotion made for some frightening moments.

“First I was like what’s going on, then I heard lock the door, lock the door so I ran back there and I locked the door,” said Charlotte Ann, Fantastic Sams employee.

Charlotte Ann was busy working at the hair salon Friday when the B&H Fast Trip next door got robbed by four armed suspects.

“It was kinda scary though at first seeing all those cop cars kind of piling in,” said Ann. “Didn’t know what was going on just kind of worried about the people’s safety next door too. ”

A convenience store Ann says she and her coworkers visit often.

“We didn’t know them personally, but we know them as business partners kinda like we go get snacks over there like what if one of us was over there that’s just kind of terrifying,” said Ann.

Police say an armed 42-year-old male customer fired several shots at the four suspects hitting the teen. The 16-year-old suspect later died.

Under Kansas law a person is justified in standing their ground if the person believes deadly force is needed to prevent death or harm to themselves or someone else.

“If a person is justified in using force in that fashion the person under Kansas law is immune from prosecution,” said attorney Dan Monnat.

“That’s just kind of something scary, you don’t picture something like that actually happening until you actually see it happen,” said Ann.

The investigation is still ongoing. If you have information, you are asked to call crime stoppers at 267-2111.

See full interview at KSN.com

WICHITA, Kan. – There is an old saying, what’s mine is yours.

“It is super frustrating that somebody had the audacity to steal from you,” says Danny Mason. “Coming home and realizing that something is gone.”

That saying does not apply here.

“It was super violating,” says Mason.

“It is easy to understand the property owner’s frustration,” says defense attorney Dan Monnat.

Two years ago, a Porch Pirate struck Mason and stole his projector screen.

“It is not funny, but it was almost comical seeing this idiot carrying this giant package and putting it in his little car,” says Mason.

People like Mason are getting tired of this. By now, you have probably heard of people putting cat litter in a package, waiting for a thief to steal a nasty prize. Something else that has popped up on social media is a glitter bomb. A device created by an Ex-NASA engineer who had a package stolen from him. The package explodes with glitter to shame the victim.

“I love it,” Mason says. “I think everyone should do it.”

“Property owners are too angry, too biased, and too invested to fairly mete out how much punishment is due the thief or trespassers,” says Monnat.

What if the thief gets hurt? What if they wreck their car after opening the glitter bomb?

“Imagine the same thing but now the thief collides with a small child riding his or her bicycle and kills the child?” Monnat asks.

Monnat says depending on what happens, you could face an endangerment charge which carries up to a year in jail and $2,500 fine. Worst case? An aggravated reckless battery charge. A level 5 charge with no criminal history carries 31, 32 or 34 months in prison. A level 8 charge with no criminal history carries 7, 8 or 9 months in prison.

“I could not imagine very many judges siding with the thief,” says Mason.

“Who gets hurt?” asks Monnat. “How badly do they get hurt?”

Monnat has some strong advice, don’t be the person who finds out.

“Let us leave it to the law,” he says.

See the full story at KSN.com

WICHITA – In 2008, Elgin Robinson was convicted of capital murder of his girlfriend, 14-year-old Chelsea Brooks.

Brooks was nine months pregnant when her body was discovered in a shallow grave in Butler County.

At issue in the case is Brady/Giglio disclosure. It refers to a ruling from the U.S. Supreme Court in Brady v. Maryland; Giglio v. United States. It requires the disclosure of information that could potentially compromise the testimony or evidence from the prosecution. It typically includes information that could impeach a witness, including law enforcement, or disclose some sort of a conviction or dishonesty in their past.

In Robinson’s case, attorneys are asking specifically if Detective Tim Relph was on a Brady/Giglio list at the time he testified in the Robinson murder case. In court proceedings today, it was not revealed if Det. Relph was ever on such a list. That is the issue that Robinson’s attorneys are asking to find out.

“Was detective Relph on Brady Giglio list at the time of Mr. Robinson’s trial?” asked Appellate Attorney Kristen Patty on Tuesday to Kansas Supreme Court justices.

Sedgwick County District Attorney Marc Bennett tried the Robinson case. He would not specifically talk about this case, but said he’s not surprised by a convicted murderer asking for new evidence.

“They’ve got a lot of time on their hands, and it’s not infrequent when we have people that are fairly litigious sitting in prison because they frankly don’t have much else to do,” said Bennett. “And so they will look for anything they can to breathe new life into their cases.”

Legal analyst and Wichita defense attorney Dan Monnat says there are many issues to be considered in a request like Robinson’s but, he says it’s an interesting legal question.

“If in this case law enforcement or the prosecution had evidence about police misconduct or the motivations for which witnesses might lie, or evidence that contradicted other prosecution witnesses and they failed to turn it over to the defense, that was a constitutional violation and Mr. Robinson could get a new trial,” said Monnat. “Brady/Giglio material has been litigated so much that it’s pretty well accepted that if Brady/Giglio material is discovered as new evidence post-trial, either the accused could win his or her appeal or obtain post-conviction relief.”

The Supreme Court justices asked questions for about a half hour of both the State and Patty. Justices are expected to have an answer in 60 to 90 days.

WICHITA, Kansas – The 2018 Missouri & Kansas Super Lawyers list has honored three Monnat & Spurrier, Chartered attorneys:

Dan Monnat has practiced in Wichita for more than 40 years, concentrating on criminal defense, white-collar criminal defense, and appellate defense. 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.

Sal Intagliata has practiced law more than 20 years, including 19 years in private practice and 4 years as Sedgwick County Assistant District Attorney prosecuting crimes in the Gangs/Violent Crimes Division. His practice focuses on criminal, white-collar criminal, and DUI offenses, as well as appeals in federal, state and municipal courts throughout Kansas.

Intagliata serves on the Kansas Judicial Council Criminal Law Subcommittee and the Board of Governors of the Kansas Association of Criminal Defense Lawyers. He is a past vice president of the Wichita Bar Association, 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 joined Monnat & Spurrier as an associate in 2016 and was named for the first time this year to the Missouri & Kansas Super Lawyers’ “Rising Stars” list. 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.

While in law school, Gorney joined the American Bar Association’s Law Student Division and served a year as one of the division’s four national officers. Gorney also worked as a graduate teaching assistant and later adjunct instructor for KU’s journalism school during his time in Lawrence.

Gorney serves on the board of directors for both the Delta Chi Fraternity and Music Theatre Wichita.

Kansas Courts News Release

TOPEKA—The Kansas Supreme Court has formed an ad hoc task force to examine pretrial detention practices in Kansas district courts and report its findings and recommendations to the court within 18 months.

The 15-member task force was created by a November 7 Supreme Court order signed by Chief Justice Lawton Nuss. Its membership includes judges, defense attorneys, prosecutors, and court services and community corrections officers. It will have its first meeting December 13 and 14 in Topeka.

The task force is charged with examining current pretrial detention practices for criminal defendants in Kansas district courts, as well as alternatives to pretrial detention used to ensure public safety and encourage an accused to appear for court proceedings.

The task force will also compare Kansas practices to effective pretrial detention practices and detention alternatives identified by other courts. This comparison could be used to develop best practices for Kansas district courts.

“Every day Kansas judges decide whether to detain criminal defendants and under what circumstances. These decisions are made amid a national discussion about alternatives to pretrial detention and the need to ensure no person is unnecessarily deprived of his or her liberty,” said Nuss. “This is the perfect time for Kansas to examine its pretrial detention practices to identify if and where improvements can be made.”

Judge Karen Arnold-Burger, chief judge of the Kansas Court of Appeals, who will serve as chair of the task force, agrees.

“We’ve seen a lot of change in pretrial detention practices across the nation the last few years. We have an opportunity to learn from other jurisdictions, what they have tried and how it has worked for them,” Arnold-Burger said. “We won’t know what is useful to us until we take a closer look at it, and that’s what this task force will do.”

The Supreme Court created the task force under authority granted to it by the Kansas Constitution to oversee all courts in Kansas.

Creation of the task force follows closely a report from the ad hoc committee on municipal courts fines, fees, and bonding practices that in September made its recommendations to the Kansas judicial administrator and the executive director of the League of Kansas Municipalities. Judge Brenda Stoss of the Salina Municipal Court chaired that ad hoc committee, and she has been appointed to serve on this task force.

The municipal court ad hoc committee recommended that areas in need of additional study included bail and pretrial detention practices.

Members of the task force are:

  • Nancy Dixon, judicial administrator, Kansas judicial branch, Topeka
  • District Judge Mary Mattivi, 3rd Judicial District, Topeka
  • District Judge Lori Bolton Fleming, 11th Judicial District, Pittsburg
  • District Judge Wendel Wurst, 25th Judicial District, Garden City
  • District Judge Jared Johnson, 28th Judicial District, Salina
  • District Magistrate Judge Keith Collett, 8th Judicial District, Abilene
  • Judge Brenda Stoss, Salina Municipal Court
  • Charles Branson, district attorney, Douglas County
  • Todd Thompson, county attorney, Leavenworth County
  • Tom Drees, county attorney, Ellis County
  • Sal Intagliata, defense attorney, Wichita
  • Justin Barrett, defense attorney, Colby
  • David Harger, defense attorney, McPherson
  • Robert Sullivan, corrections director, Johnson County

Anita Cash, chief court services officer, 29th Judicial District, Kansas City, Kan.


Lisa Taylor
Public Information Director