Author Archives: «Monnat & Spurrier»

• Feb 19, 2015
• KSNW TV
• -
• by Lindsay Cobb

WICHITA – There’s a new push by Kansas college students to flag students kicked out of school for things like sexual assault.

Student government groups from WSU and six other state schools are hoping to convince the Board of Regents to require student transcripts to track what kind of behavior led to suspension or expulsion making everyone more aware of any potential safety threats on college campuses.

“This year, national headlines have been focused on sexual assault and what universities can do to prevent that and create a better, safer environment,” said Matthew Conklin, WSU Student Body President.

For the Student Advisory Committee that includes disclosure of just what led to the student’s expulsion or suspension.

“It’s risk assessment, its risk management,” said Vice President of Student Affairs Dr. Wade Robinson. “For us it’s simply about knowing the background of the students and being fully informed about what they’re bringing to the campus.”

If approved the student’s transcript would make it clear why someone was punished for a non-academic violation, whether it was for sexual assault, threats, or violence.  It would also require written approval from the Chief of Student Affairs Officer at each school.

Defense Attorney Dan Monnat applauds the efforts being made, but says the better way to flag criminals is for universities to be pro-active in seeking criminal charges against suspects.

“That person will be required to register as a sex offender, something obviously more effective than requiring to be branded on a college transcript.” Monnat said.

For students like Conklin, he hopes this is the start of a much-needed discussion.

“We want to be proactive in Kansas, bringing this to the highest level of governance we can, and kind of set an example,” he said.

Right now the coalition of student governments is working to approve the resolution, so they can pass it on to the Board of Regents for their consideration

KSNW TV – By Lindsay Cobb

• Feb 04, 2015
• KAKE TV
• -
• by Monica Castro

WICHITA, Kan. — Dallas Cowboys running back and Wichita native Joseph Randle was arrested in Wichita earlier this week, police said.

Officers responded to a domestic violence call in the 700 block of South Main at about 3:00 a.m. Tuesday morning. Police said a 22-year-old woman reported she and Randle were arguing in a hotel room. The couple has a child together, and she told police she was at the hotel so Randle could see the child.

Officers found marijuana in the room, and issued a Notice to Appear citation to Randle. He was given a court date on a misdemeanor drug charge.

Randle denied to KAKE News Wednesday night domestic violence was part of the case. He also offered a short comment on Twitter, without referring to the case directly: “Back to the basics…. FAITH FAMILY & FOOTBALL.”

On Twitter, his NFL agent Erik Burkhardt wrote,

“Joseph Randle was NOT arrested. He was cited with a ticket, and the police officer then left his hotel room.”

“There was zero “violence” of any kind, domestic or otherwise. He was asking three people to exit his room who didn’t want to leave.

“It was loud. Cops were called. Ticket issued. People and officer left. He went to bed.”

Wichita Police also issued a response, saying it was an arrest:

“Recently some questions have been raised about the difference between a Notice to Appear (NTA) and an arrest. An NTA is basically a citation for a misdemeanor crime. It is technically an arrest and an arrest report is filled out but the person isn’t booked into jail. The person is released with an agreement to appear for a set court date. This helps reduce overcrowding and jail expenses. It is common practice for certain non-violent misdemeanor crimes such as shoplifting and possession of marijuana.

Randle, a former Southeast High standout, was previously arrested in October, 2014 for shoplifting underwear and cologne from a Dallas area mall.

A local attorney, Dan Monnat, says because Randle is an NFL star it’s easy for the public to make assumptions. “When an NFL player is involved, that we or the public, not leap to any conclusion that’s not justified by any evidence known to us.”

KAKE TV – By Monica Castro

• Feb 02, 2015
• KSN TV
• -
• by Brittany Glas

WICHITA, Kansas – KSN is working to learn more about the investigation into the city’s most recent murder case.

Wichita Police confirmed Sabryna Guerrero-Newman, 23, was shot and killed on Friday.

The initial disturbance call, regarding the missing persons-turned-murder case, came in Friday at 8 a.m. Wichita police were asking for help from the public in locating Newman, her boyfriend, and her vehicle by 10 a.m.

It was only one hour later, around 11 a.m., that the now suspect in the case, 22-year-old Darnell Hall, had been taken into custody.

Approximately 2:45 p.m., Newman’s vehicle was discovered by police officers driving on I-35. Her vehicle was located near the intersection of 19th and Hydraulic. Newman’s body was found inside the vehicle.

KSN is asking questions about the quick investigation that led police to Hall Friday morning after receiving reports that cell phone technology helped Wichita Police in Friday’s investigation.

While WPD is not talking publicly about the specifics that led them to Darnell Hall Friday near the Dillon’s at the intersection of Edgemoor and Harry Street, we do know that cell phone technology has been helpful in several recent cases.

KSN’s Brittany Glas sat down with local legal experts to learn more about the GPS tracking technology.

“There are times when the police must act very, very swiftly in order to save a person. It’s a life or death situation,” said former Sedgwick Co. District Attorney Nola Foulston.

“It may be a lifesaver for them to track [him or] her GPS somehow,” she continued.

Lawfully using GPS technology, however, isn’t cut and dry when it comes to privacy laws.

“Fourth amendment reasonableness is always a balancing act between the citizen’s right to privacy and the community or law enforcement’s need for the information,” explained legal analyst, Dan Monnat.

Legal experts tell KSN News that acquiring a search warrant, is often considered the safest bet.

“When the district attorney looks at these kind of cases, we’re always going to look to, did you get a warrant?” said Foulston. “What are the circumstances under which this capture of information occurred?”

In general, Foulston says, when it comes to cell phone tracking measures, law enforcement should ideally obtain a search warrant.

KSN is still working to learn more about Darnell Hall’s specific case. However, because Hall has not yet been formally charged, the probable cause affidavit that outlines exactly what led to his arrest, has not been released.

Lt. James Espinoza with the Wichita Police Department said that charges in the case will be presented to the district attorney’s office either Tuesday afternoon or Wednesday morning.

RECENT CASES

Kidnapping victim from Texas rescued near Newton

On January 23, Newton Police said GPS technology was crucial in finding a kidnapped Austin, Texas woman. The victim’s family tracked her location through the GPS technology associated with her cell phone. That technology led authorities to mile marker 40 between Newton and Hesston.

The Newton Police Department, Hesston Police Department, along with the assistance of Harvey County Sheriff’s Office, successfully stopped the vehicle near Hesston on I-135.

Broken phone found at Fairmount scene linked to suspect

Cornell Antoine McNeal, 26, was charged with capital murder and rape of 36-year-old Wichita mother, Letitia Davis, in November in Fairmount Park. Two affidavits of probable cause were filed in the case; one before the death of Davis, and one after.

The documents show that investigators combed the area around the attack in Fairmount Park and seized part of a flip phone that was damaged. A detective then reportedly contacted Cricket Communications and found that the subscriber information connected to the phone came back to an address that Cornell McNeal had used.

KSN TV – By Brittany Glas

• Jan 30, 2015
• KSN TV
• -
• by Chris Arnold

WICHITA, Kan. – A Kansas Supreme Court ruling today could change the way authorities investigate drunk drivers.

The state’s high court reversed a Wichita man’s DUI conviction ruling the officer lacked reasonable suspicion.

The original decision for William Molitor came from the Sedgwick County District Court where they said that one of the sobriety field tests that Molitor failed was a valid reason to hand down a DUI conviction.

However, the Kansas Supreme Court said otherwise.

When deciding to make a DUI arrest, law enforcement officials say they look at several factors, beginning with observations made by the officer.

“Is there the odor of alcohol, is there speech slurred, what did their eyes look like, are they blood shot?” said Lt. Lin Dehning with the Sedgwick Co. Sheriff’s Office.

Lt. Dehning says that during a stop, they conduct three tests.

• The horizontal gaze Nystagmus vision test
• The walk and turn
• The one leg stand

“All that together can be used to develop that probable cause to make the arrest,” said Lt. Dehning.

It’s the horizontal gaze Nystagmus vision test that played a role in getting a Wichita man’s DUI conviction overturned.

The Kansas Supreme Court said the man had passed two of the sobriety tests, but flunked the vision test.

Since the vision test typically can’t be admitted as evidence at trial, combined with the fact that he passed the other two tests, the court ruled there was no probably cause to give Molitor a Breathalzyer test.

“The Kansas Supreme Court itself said today in Kansas, the horizontal gaze Nystagmus test has no more credibility than a Ouija board or a magic 8-ball,” said legal analyst Dan Monnat.

Monnat said the Supreme Court has been urging law enforcement agencies to throw out the test for the last decade. He says this could lead to other DUI convictions being overturned in the future.

“Every time the Kansas Supreme Court makes a decision declaring what the law actually is it always has the potential to result in the reversal of many other convictions,” said Monnat.

But Lt. Dehning said it’s too early to tell if the Supreme Court’s decisions will change anything.

“It all depends on how the ruling comes down from the courts, if it’s going to establish some kind of case law.”

Another thing that is important to note is that only two of the field sobriety tests, the walk and turn and the one leg stand, are admissible standards accepted by the National Highway Traffic Safety Administration.

KSN TV – By Chris Arnold

• Jan 09, 2015
• KSN TV
• -
• by Brittany Glas

WICHITA, Kan. (AP) — A federal judge has refused to order the government to disclose whether mass surveillance led investigators to a Wichita man accused of plotting a suicide bomb attack at a Kansas airport.

The possible existence of that evidence has been an issue in the terrorism case against Terry Loewen. The former avionics technician has pleaded not guilty to attempting to use a weapon of mass destruction and attempting to give material support to al-Qaida.

According to court documents, Loewen intends to pursue an entrapment defense.

U.S. District Judge Monti Belot said in a ruling Friday that the government has neither admitted nor denied the existence of any materials gathered under the Foreign Intelligence Surveillance Act.

The judge said the issue is moot because the government has not given notice of its intent to use FISA evidence in the case.

Legal analyst, Dan Monnat, spoke with KSN News Friday about the filings and entrapment defenses.

“The fine line between ‘entrapment’ and the commission of a crime is whose idea was it?” asked Monnat. “Was the idea created by the government in a person who had no inclination to commit such a crime? Or, was this person just looking for an opportunity to commit such a crime? That’s the difficult question that a jury has to decide in a case like this.”

“Terry Loewen does not get to find out if the government engaged in illegally spying on him because the government has not said it’s going to use the fruit of any illegal spying,” Monnat explained.

The defense, in the November 14 filing, states its concerns that Loewen’s rights to a fair trial are at risk if the information is not released. The document cites specifically Brady v. Maryland.

KSN TV – by Brittany Glas

• 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

• Nov 21, 2014
• KSNW TV

WICHITA, Kansas — Cornell Antoine McNeal made his first court appearance before Judge Kisner Friday afternoon. He was booked late Wednesday on suspicion of rape and attempted first-degree murder in the attack Friday night at Fairmount Park.

McNeal was charged Friday with attempted capital murder, rape and two counts of arson. The charge also includes an alternative charge of attempted first-degree, premeditated murder. His preliminary hearing has been scheduled for December 4th at 9:00 a.m. and his bond was set at $250,000.

Court documents revealed that McNeal has been unemployed for 6 years and cannot pay for his own defense. McNeal was also ordered to have no contact with the victim or any of the state’s witnesses.

Forensic scientists said that forensic evidence has been the key in this case connecting McNeal to the crime. However, police have been very tight lipped about what evidence they have.

Records show that he was last behind bars on November 6^th, just one week before the attack in Fairmount Park took place.

KSN asked the jail which inmates are required to give a DNA sample, and they say not every inmate is required to provide a sample.

Officials said that any person convicted as an adult IS required to give a DNA sample for the following crimes:

• Any felony, a crime that carries a sentence of over 1 year in prison.
• Sex offenses
• Crimes related to prostitution
• Cruelty to animals
• Crimes involving criminal restraint against a victim
• Some attempted crimes, which include certain misdemeanors.

KSN legal analyst Dan Monnat said the only other way to get a DNA sample is with a search warrant.

“DNA evidence is like any other evidence. It can be obtained by a search warrant if there is probable cause to believe that the person has committed a crime and that the DNA will be evidence that helps them solve the crime,” said Monnat.

The victim of the attack remains in critical condition due to the nature of her extensive injuries. She was found on fire in Fairmount Park, just south of the Wichita State University campus in northeast Wichita, around 11:30 p.m. Friday night.

KSNW TV

• Nov 18, 2014
• Associated Press / KSN TV
• -
• by Brittany Glas

TOPEKA, Kansas (AP) — The Kansas Supreme Court cleared the way Tuesday for additional gay marriages in the state’s most populous county while declaring that it would defer to the federal courts on whether Kansas’ ban on same-sex marriages is constitutional.

The Kansas court also declined to say whether all of the state’s 105 counties fall under a U.S. Supreme Court order last week blocking the state from enforcing laws and a provision in its constitution against gay marriage. The nation’s highest court acted in a lawsuit filed by the American Civil Liberties Union over the denial of marriage licenses to lesbian couples in two counties.

Since the U.S. Supreme Court decision, gay couples have obtained marriage licenses and wed in at least a few counties, but not in those where the chief state district court judges were blocking them. In Kansas, district court clerks issue marriage licenses after a mandatory three-day wait.

The inconsistency appeared likely to continue. State Attorney General Derek Schmidt said in a statement that the Kansas court’s decision leaves it to the federal courts and local state judges to decide whether marriage licenses are issued to same-sex couples.

“Because a provision in the Kansas Constitution is at peril, the state of Kansas will continue its defense in federal court as long as a defense is properly available,” Schmidt said.

But Tom Witt, executive director of the gay-rights group Equality Kansas, said the Kansas Supreme Court is telling lower-court judges it won’t stop them if they authorize same-sex marriage licenses.

“It’s yet another step in the right direction toward full marriage equality,” Witt said.

The Kansas Supreme Court lifted its hold on licenses to same-sex couples in Johnson County, home to affluent Kansas City suburbs. The chief judge of its district court authorized such licenses last month after the U.S. Supreme Court declined to hear cases from three federal appeals courts that had overturned gay marriage bans. Schmidt then went to court to stop the Johnson Count marriages.

The Kansas court said it would hold off on further review of Schmidt’s petition until the U.S. Supreme Court resolves the issue. But the Kansas court also said Johnson County District Judge Kevin Moriarty “was within his jurisdiction” to consider federal court decisions striking down gay-marriage bans in other states.

In its order signed by Chief Justice Lawton Nuss, the Kansas court also said there’s no reason to keep the hold on same-sex marriage licenses in place in Johnson County when the U.S. Supreme Court has authorized them elsewhere in the state.

Schmidt, recently re-elected by a 2-to-1 margin, has justified his defense of the gay-marriage ban by noting that voters overwhelmingly approved adding the policy to the state constitution in 2005.

The attorney general also has said the U.S. Supreme Court order in the ACLU lawsuit applies only in Douglas County in northeast Kansas and Sedgwick County, home to Wichita in south-central Kansas, because no other court clerks were defendants. The ACLU contends the order applies statewide.

The Kansas court said the U.S. Supreme Court decision “is not as localized as the State argues” but declined to spell out its scope. The Kansas court also refused to set a single rule for all counties in handling marriage licenses for same-sex couples, saying state courts don’t issue advisory opinions.

KSN sat down with Wichita legal analyst, Dan Monnat, to delve into what Tuesday’s order really means for Kansas counties and same-sex couples.

“The Kansas Supreme Court says ‘we understand that we have been invited to clarify the law for all districts, but we decline to specifically do so,’” said Monnat. “[That is] because the Kansas Supreme Court does not give advisory opinions, only decides concrete cases and controversies squarely before it.”

Monnat offered further analysis.

“The Kansas Supreme Court did hint that the Kansas laws against same-sex marriage are probably unconstitutional, as ruled by a Kansas federal district court recently,” said Monnat. “But, the Supreme Court of Kansas indicated that it would wait for the federal court to finally decide the issue.”

Associated Press / KSN TV – By Brittany Glas