• May 05, 2023
  • KAKE TV
  • -
  • by Leon Purvis

WICHITA – A northwest Wichita apartment complex told its tenants they could get $20 off their rent if they leave a five-star review. Friday, we heard from the complex. Also, we spoke to an attorney on whether this crosses the line from a legal standpoint.

Residents weren’t happy when they say they didn’t get $20 off their rent right away. The complex says the $20 credit has to go through its corporate office. And a Wichita lawyer weighs in on whether the apartment complex can even do this.

“Is an influenced… or incentivized… or paid-for… or bribed-for online review in a consumer transaction a fair review?” said criminal defense attorney Dan Monnat.

One of the many questions asked when it comes to whether apartment complexes can legally tell tenants to leave a 5-star review for $20 off rent. Residents of Magnolia Woods Apartments at 13th and West St. say that’s what management asked them to do in an email.

KAKE spoke to two residents Thursday who put in their review, but say they didn’t receive their discount as of Thursday. Magnolia Woods responded to us on Friday and tells us in a statement in part: “The company who owns the properties offered a $20 credit to any tenants who were willing to share their positive experience about living at Magnolia Woods, as well as at other properties. There is a process in place to ask for the credit once the review was posted and that credit is handled through the corporate office.”

But is asking tenants to leave a positive experience at magnolia woods for a discount on rent crossing the line?

“If it’s a biased, exaggerated, or untrue review, then it may qualify as a deceptive practice or act made illegal by either the Kansas Consumer Protection Act or the Federal Trade Commission Act,” said Monnat.

The Federal Trade Commission’s website on soliciting and paying for online reviews says in part: “If you offer an incentive for a review, don’t condition it, explicitly or implicitly, on the review being positive. Even without that condition, the review should disclose the incentive, because its offer may introduce bias or change the weight and credibility that readers give the review.” The apartment management says the $20 credits have been applied to the residents who left a review, and they were not charged any type of fee regarding this promotion. A spokesperson also apologized for the misunderstanding.

See the full interview at KAKE.com

  • Mar 14, 2023
  • KAKE TV News

WICHITA — A teenager accused of killing another teen at Towne East Square last year will be tried as an adult.

Te’Bryis Robinson, 17, is charged with first-degree murder and unlawful use of a weapon in killing 14-year-old TrenJ’vious Hutton at the east Wichita mall on March 18. The shooting happened on a Friday inside the mall located at 7700 East Kellogg.

Wichita police said Hutton was involved in a fight involving several people when a suspect pulled out a handgun and fired multiple shots before fleeing.

Hutton, a student at Heights High School, died at the scene. The then-16-year-old Robinson was arrested for second-degree murder. Police said the crime was gang-related.

Sedgwick County District Attorney Marc Bennett said the week after the shooting that he would seek to charge the suspect as an adult. A motion for an adult prosecution hearing was originally set for July 11, 2022. It continued until September 6, then to January 24, and again until today, March 14.

The change is significant for Robinson’s charges. Wichita defense attorney Dan Monnat says “this juvenile is 17 years old, so he could be treated in a juvenile detention facility until he’s 23, so it’s a maximum six-year sentence. On the other hand, if this juvenile is instead treated as an adult, he is exposed to a possible sentence of life in prison.”

Monnat says it’s uncommon for a teen to be tried as an adult, and even rare for a defense attorney to waive the right to an evidential hearing and accept the state’s request.

He says that could mean Robinson’s lawyer is talking with the DA’s office. “It could be that there has been some thorough, caring attorney who has counseled with the juvenile and hatched some kind of plea agreement of which this is one component.”

Robinson’s first appearance is scheduled for March 28.

See full video at KAKE.com    

  • Dec 27, 2022

WICHITA — Multitalented. It’s just one word to describe criminal defense attorney and musician Dan Monnat.

Monnat, 71, is the lead singer and drummer of The House Band, a trio known for its bootleg rhythm and blues.

“The House Band is made up of musicians who have been playing since they were teenagers,” said Monnat.

Those teenagers are now in their seventies. During the pandemic, they found themselves “rocking out” in guitarist Doug Webb’s basement.

The House Band performs at Jerry’s Bar and Grille in west Wichita.

“It just kind of formulated from musicians wanting to express themselves, not necessarily play gigs, but just to get together and make music,” said bass player Phil Snow.

“The pandemic gave us time to woodshed while social distancing, and we got in a lot more rehearsals than we might of otherwise, and it clicked,” Monnat explained.

Webb, 76, Monnat, and Snow have more than 180 years of musical experience. Individually, the band members have been long-time fixtures in the Wichita music scene, having performed in separate bands at numerous bars and taverns.

“I have been doing it since I was a kid. The first gig, I got free ice cream at Joyland, and I have been doing it ever since,” Webb laughed.

Dan Monnat, bottom right, poses for a picture with the musical group Lion’s Mane.

“I started singing with my mother, and I started playing drums when I was about 11 or 12 years old,” Monnat said.

Monnat would go on to star in the local group The Lion’s Mane while Webb and Snow played in competing bands.

Decades later, they found one another, looking for an escape of sorts during the pandemic. They never imagined they would perform in front of a live audience. However, after several practice sessions, the men quickly realized the music they were creating was special, so special it needed to be shared.

“It feels like you are flying a jet with the Blue Angels. You are in perfect formation, and it’s almost an out-of-body experience when that happens. I wish I could say it happens a lot, but it does with this band, and so for me, it is just the sheer joy of making music and making it with some of my best friends,” Snow said.

“If you do it in the basement practicing, there comes the point where you think, ‘man, I want to share this with people. I want other people to hear it and see what they think,’” Webb said.

“I hope people are inspired. I hope people realize what we are celebrating is all of the important emotions of life,” Monnat said.

Monnat’s life as a lawyer

Monnat’s love for music never died per se. However, it did take a backseat to his career in law.

“I quit for about 22 years after I graduated from law school,” Monnat explained.

He co-founded Monnat & Spurrier, Chartered, in 1985, becoming a well-known criminal defense attorney. He’s been listed in Best Lawyers in America for 35 years and has defended individuals and companies in high-stakes federal and state jury trials, appeals courts, regulatory proceedings, and other investigations.

With his decades of experience, Monnat is sought after to teach other lawyers at national legal conferences. He has also been asked to provide news commentary for local and national broadcasts, appearing on NBC’s The Today Show, CNN, CBS Morning News, 48 Hours, and FOX News.

He credits his wife, Grace Wu Monnat, for reintroducing him to the music scene.

“One day, she asked me to go down on Valentine’s Day to the basement and bring up the laundry. When I got down there, I found this shining set of drums that you see on the stage right now,” explained Monnat.

The rest is history. Monnat started playing music again, eventually finding and forming The House Band.

When asked how he juggles his career and music, Monnat simply smiled.

“There’s really not that much difference between what I do as a criminal defense trial lawyer and being a musician. They both involve a tremendous amount of preparation in order to deliver an outstanding performance. In both situations, we are trying to persuade or speak to people about the epic experiences of life, love, peace, war, sorrow, enthusiasm, celebration, and mourning,” Monnat said.

The House Band has played a number of live gigs in recent months. To find booking information, music videos, and more. click here.

  • Nov 29, 2022

WICHITA – Monnat & Spurrier, Chartered, attorneys Sal Intagliata and Eli O’Brien have been named to the esteemed list of 2022 Missouri & Kansas Super Lawyers. Intagliata was honored by Super Lawyers for the ninth consecutive year, while O’Brien earned recognition as one of Super Lawyers’ “Rising Stars” for the second straight year.

Only 5 percent of eligible attorneys are selected for the exclusive Super Lawyers list. Super Lawyers Rising Stars include only 2.5 percent of eligible attorneys who are under 40.

Sal Intagliata is a shareholder in the firm and has practiced law for more than 27 years. His career includes 23 years as a distinguished criminal defense attorney in private practice and four years as a Sedgwick County Assistant District Attorney prosecuting cases in the Gangs/Violent Crimes Division.

Intagliata serves on the Kansas Judicial Council Criminal Law Advisory Committee and the Kansas Supreme Court Pretrial Justice Task Force. He is a past member of the Board of Governors of the Kansas Association of Criminal Defense Lawyers. A past vice president of the Wichita Bar Association, he is also 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.

Eli O’Brien has been an associate with the firm since 2017, defending serious felony accusations and DUI/DWI cases.

Prior to joining the firm, O’Brien was a trial attorney with the Sedgwick County Public Defender’s Office. Over the years as a public defender and private practice defense attorney, his jury trials have resulted in multiple acquittals.

A graduate of Washburn University School of Law and the National Criminal Defense College Trial Practice Institute, O’Brien also holds a bachelor’s degree in history from Emporia State University.

  • Nov 14, 2022

WICHITA – For the fifth consecutive year, distinguished criminal defense attorney Dan Monnat, of Monnat & Spurrier, Chartered, has been recognized on the Top 10 List of Missouri & Kansas Super Lawyers. He has been among the overall Top 100 of Missouri & Kansas Super Lawyers for 17 years.

Practicing in Kansas and Nebraska for more than 45 years, Monnat has focused on high-profile criminal defense, white-collar criminal defense, appellate defense and bet-the-company litigation. His cases have attracted international attention, including the defense and acquittal of late-term abortion provider Dr. George Tiller, the defense of an innocent man wrongly accused of being the notorious BTK, and acquittals and exonerations of his clients in shaken baby murder and other murder, sex and white-collar prosecutions.

“In today’s divisive and politically charged environment, defending the Constitutional rights of the accused is more critical than ever,” Monnat said. “Every year, the Super Lawyers Top 10 List includes tremendously accomplished attorneys and litigators. I’m honored to stand among them and privileged to count them as friends and peers.”

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 is a Fellow of the American College of Trial Lawyers, the international Academy of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Foundation, and the Kansas Bar Foundation. 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. Monnat also currently sits on the Kansas Trial Lawyers Association’s Board of Editors and is the Criminal Law Chair.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the co-author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.

Monnat & Spurrier was founded in 1985 by Monnat and legal scholar Stan Spurrier. Today the firm has six lawyers and has earned a reputation for its work in all sectors of criminal defense, white collar criminal defense, and criminal appeals.

  • Nov 10, 2022

WICHITA  – Tristan Johnson has joined Monnat & Spurrier, Chartered as an associate attorney. His primary practice will focus on the defense of criminal cases including DUIs and drug offenses.

A graduate of Washburn University and Washburn University School of Law, Tristan began working at the Shawnee County District Attorney’s Office as an undergraduate student majoring in legal studies. By the time of his law school graduation earlier this year, he had received four years of prosecution experience, transitioning from Law Clerk to Licensed Prosecuting Intern, and handling multiple traffic and misdemeanor trials.

“Every great defense lawyer is quick on his feet and fiercely competitive in his field of practice, and Tristan Johnson is no exception,” said firm president Dan Monnat. “He played baseball at Allen County Community College on athletic and academic scholarships, where he was a Baseball Academic All-American and developed a keen desire to study law and join a team of lawyers like those at Monnat & Spurrier. We’re thrilled to have him in our firm’s line-up of criminal defense attorneys.”

While in law school, Johnson was a member of Washburn’s Litigation Law Clinic, helping make a difference in the community by providing representation in various matters to those who would have been otherwise unable to afford it.

With a keen talent for competition, coaching and mentorship, Johnson also operated his own youth baseball instruction business for four years, encouraging young players and building sportsmanship in his community.

Johnson is a member of the Kansas Bar Association, Wichita Bar Association, and Kansas Association of Criminal Defense Lawyers.

Founded in 1985 by litigator Dan Monnat and legal scholar Stan Spurrier, the firm of Monnat & Spurrier has built a national reputation for criminal defense and appellate defense, computer crimes defense, and white-collar criminal defense. In addition to Monnat, Spurrier, and Johnson, the firm includes attorney and shareholder Sal Intagliata, and associate attorneys Eli O’Brien and Alex Sheppard.

  • Nov 04, 2022

(WICHITA, Kan.) – The annual joint survey by U.S. News & World Report and Best Lawyers has awarded Monnat & Spurrier, Chartered, with five “Best Law Firms 2023” metropolitan rankings in the sectors of:

  • General Practice Criminal Defense
  • White-Collar Criminal Defense
  • Appellate Practice
  • DUI/DWI Defense
  • Bet-the-Company Litigation

“This recognition becomes more important to us every year because it stems directly from surveys of our clients and peers,” said Dan Monnat. “We appreciate the high praise from clients, and the sincere respect from our fellow lawyers in the bar.”

“Best Law Firms” rankings are compiled using evaluations by clients who are asked if they would refer others to the firm. Firms are ranked for their responsiveness, cost-effectiveness, and civility. Attorneys in similar practice areas are also surveyed, and overall rankings reflect this peer input, as
well.

Celebrating its 37 th year, Monnat & Spurrier was founded by criminal defense attorney Dan Monnat and legal scholar Stan Spurrier. The firm has gained a reputation for its successful defense of such high-profile clients as late-term abortion provider Dr. George Tiller; the unfortunate innocent person whose home was mistakenly raided by police as being that of serial killer BTK; and most recently, the Western Kansas man wrongly accused of murdering a four-year-old child by cruelly beating or shaking her.

In addition to Monnat and Spurrier, the firm includes shareholder Sal Intagliata, and associates Eli O’Brien, Alex Sheppard and Tristan Johnson.

  • Oct 06, 2022
  • KWCH TV
  • -
  • by Abbey Higginbotham

WICHITA — Following Thursday’s announcement that President Joe Biden is pardoning thousands of Americans convicted of “simple possession” of marijuana under federal law, 12 News spoke with local legal experts to gain perspective on what kind of impact this could have on Kansas.

The federal pardons will not apply to possessions of marijuana with intent to distribute or distributions of marijuana or manufacturing. Further, the pardons will not affect convictions under state law.

Wichita criminal defense attorney Dan Monnat said a charge on a federal level verses a state level depends on who makes the arrest.

“That depends upon which law enforcement office has jurisdiction over the offense, which law enforcement agency makes the arrest and which prosecutor decides to prosecute it,” he said.

The American Civil Liberties Union (ACLU) said of the 8.2 million marijuana arrests between 2001 and 2010, 88% were for simply having marijuana. Compared to surrounding states, even possessing a small amount is a crime in Kansas.

“Far less than a blunt is enough to prosecute somebody in Kansas,” Monnat said. “Any amount that can be possessed is sufficient for a conviction of possession of marijuana.”

Micah Kubic with ACLU Kansas said marijuana laws have disproportionately affected specific groups in the U.S.

“Drug laws in Kansas, around the country have disproportionately hurt communities of color of disproportionately hurt African American and Latino communities,” Kubic said.

Now, all those eligible for a pardon will get a new chance at life, but Kubic said that won’t change anytime soon at the state level.

See full video at KWCH.com

  • Sep 27, 2022
  • KSNW TV
  • -
  • by Samantha Boring

WICHITA — At least 54 cases are missing evidence, according to a 2021 audit of the Wichita Police Department’s (WPD) Property and Evidence facility. The newly released information comes just a day after the city manager pointed to multiple issues within the facility.

This could mean cases could be thrown out, but Sedgwick County District Attorney Marc Bennett said this is more of a records management issue, not a missing evidence issue.

When Bennett found out about the problems with the property and evidence facility, he wanted the details.

“That seems almost within the realm of human error,” said Bennett.

Bennett met with City leadership on Tuesday. Afterward, he said the issue is centered around records management.

“But to run a property and evidence section, it is not very equipped for that, and frankly, it’s appearing that is not equipped for that at all,” said Bennett.

Wichita Council Member Jeff Blubaugh visited the facility on Tuesday and said it is a mess and needs attention immediately.

Bennett shares similar concerns.

“It’s an embarrassment, in fact, for the department, but that is a far cry from suggesting that there is any evidence of malfeasance, criminality, lost, [and/or] stolen property,” said Bennett.

But if the evidence is found to be missing, it could cause cases to be thrown out, according to Monnat & Spurrier, Chartered Shareholder Attorney, Sal Intagliata.

“If you have clearly exculpatory evidence and it is gone, you are entitled to relief,” said Intagliata.

“If we find out that there are things where they are not supposed to be, then we are going to have issues, but thus far, that has not been brought to my attention,” said Bennett.

The City has a four-phase plan of action in place to fix the issues within property and evidence.

According to the plan, we will not know how many cases are missing evidence for at least 90 days.

See full video at KSN.com

  • Sep 15, 2022
  • KSNW TV
  • -
  • by Hannah Adamson

WICHITA — Tension is building between some leaders in the City of Wichita and Sedgwick County after the Wichita City Council voted Tuesday not to prosecute people who are caught with marijuana. While the city council still has one more reading before these kinds of misdemeanors are no longer prosecuted in municipal court, county officials warn because the district attorney’s office rarely prosecutes misdemeanor cases, the ordinance will only clog an already crowded system.

“So, you all pay for misdemeanor appointments,” District Attorney Marc Bennett told the Sedgwick Board of County Commissioners Wednesday.

Wichita City Council votes to decriminalize marijuana and fentanyl test strips

Bennett says the county could face significant financial impacts if Wichita passes an estimated 1,200-1,500 cases to his office each year.

“Probation, forensic science, the costs associated with testing all that marijuana,” Bennett said.

While the district attorney’s office can control how many cases it will prosecute, Sheriff Jeff Easter says he anticipates a major influx in bookings in a jail that is constantly nearing capacity.

“They can no longer just issue an NTA (Notice to Appear) and walk away. They have to arrest them and book them by state statute,” Sheriff Easter said.

Bennett says his biggest concern involving the city’s ordinance is the concept of ‘double jeopardy.’

“This notion that there’s 750 cases as if they are stand-alone cases where the person is only charged with one joint in his pocket. That’s not reality,” Bennett said.

But criminal defense lawyer Dan Monnat says the system can handle the change, allowing the City to reallocate time and resources to other, more serious cases.

“We’re eliminating prosecutions in one jurisdiction, so that doesn’t cost more money,” Monnat said.

Meanwhile, the Wichita Police Department is still working out a plan to move forward with these kinds of arrests. Experts say they do not anticipate an increase or decrease in racial profiling as a result of this ordinance.

“I think there needs to be checks and balances in policy, and there needs to be early warning signs that police officials need to recognize in their officers,” Dr. Michael Birzer, professor of criminal justice at Wichita State University, said.

Commissioner David Dennis is urging the Board of County Commissioners to consider a resolution in the near future regarding how to bill the City of Wichita for all additional expenses pertaining to this ordinance.

See full video at KSN.com