• Dec 11, 2013
  • KSNW TV

WASHINGTON (AP) – The Supreme Court says a lower court should not have overturned the conviction and death sentence of a man who admitted killing a Kansas sheriff.

The high court Wednesday unanimously overturned the Kansas Supreme Court’s decision to throw out Scott Cheever’s death sentence for the 2005 fatal shooting of Greenwood County Sheriff Matt Samuels.

“It’s been a long time coming,” Heath Samuels, Matt Samuels’s son and a Lyon County Sheriff’s deputy, told KSN Wednesday. “We know it’s not over yet, and we expect to hear more appeals out of it.”

The Kansas court said Cheever’s rights against self-incrimination were violated by prosecutors who used a court-ordered mental evaluation from a different trial against him.

Cheever’s own expert argued that methamphetamine use had damaged his brain. Justice Sonia Sotomayor said that because Cheever’s side raised the brain damage issue, prosecutors were entitled to use testimony from the mental health expert from the other trial. That expert said Cheever killed because of an anti-social personality, not because of brain damage.

See video at KSN

KSNW TV

  • Nov 18, 2013
  • Monnat & Spurrier

Monnat & Spurrier, Chartered Ranked Among Best Law Firms As Rated by U.S. News & World Report – Best Lawyers

(WICHITA, Kan.) – “Best Law Firms” – a listing produced by U.S. News & World Report and Best Lawyers – has ranked Monnat & Spurrier, Chartered among the Best Law Firms in this metropolitan region in two categories:

    • Appellate Practice
    • Criminal Defense: White-Collar

The rankings are posted online at Bestlawfirms.usnews.com.

“Best Law Firms” is one of U.S. News & World Report’s series of consumer guides. The magazine teams with Best Lawyers, the oldest peer-review publication in the legal profession, to rank each practice area by geographic region. In surveys, law firm clients and leading lawyers were asked what factors they considered vital for clients who hire firms, and for lawyers who choose firms to refer legal matters to.

Monnat & Spurrier was founded in 1985 by defense attorney Dan Monnat and legal scholar Stan Spurrier. The firm has six lawyers and has gained an international reputation through its defense of such high-profile clients as late-term abortion provider Dr. George Tiller, the Garden Plain football coach, Todd Puetz, and the unfortunate person whose home was mistakenly raided by police as being that of serial killer BTK.

In addition to Monnat and Spurrier, the firm includes three former prosecutors and a former public defender, all noted for their work in criminal courts: Trevor Riddle, Sal Intagliata, Jon McConnell and Robb Hunter.

Dan Monnat
Monnat & Spurrier, Chartered
200 W. Douglas, Suite 830
Wichita, KS  67202
316.264.2800

  • Nov 08, 2013
  • Monnat & Spurrier

Lawyer of the Year — Criminal Defense: Non-White-Collar
Lawyer of the Year — Daniel E. Monnat
Monnat & Spurrier Chartered
Education: JD, Creighton University.
Years as a lawyer: 37.

Firms at which you’ve worked: Monnat & Spurrier, Chartered, 1985-present; Fisher & Monnat, 1983-1985; Shulz, Fry & Fisher, 1977-1983; Schrempp & McQuade (Omaha), 1976-1977.

Why did you choose to become a lawyer? I wanted to lend whatever boldness and artistic talent I had to those less able to stand up and fight for themselves. Whether you justify that by the Tao, the Sermon on the Mount or the United States Constitution, that’s a good thing to do. All power and authority need someone to question it. And, each of us, at one time or another, needs someone to understand us and give voice to our humanity. The combination results in what we all crave: justice and freedom.

What is your favorite thing about practicing law? The jury system. Every day, ordinary people come together and, as a group, unite to rise above the prejudices and politics of the day. Again and again, these citizens deliver justice and freedom.

What’s the biggest challenge facing the legal profession? The vanishing jury trial. The jury trial is one of “The People’s” checks and balances on the three branches of government involved in our legal system. But, increasingly, jury trials do not occur.

Who has been your mentor? I’ve been very lucky throughout my life to have had a number of very generous mentors: my parents for everything, Mike Finnigan for music, Father Bob Williams for writing and philosophy, the celebrated Wyoming attorney Gerry Spence for trial skills and understanding the group dynamics of juries. Foremost, however, I have had the mentorship and guidance of my wife, the incomparable Chinese martial artist Grace Wu-Monnat, whose intuitive and intelligent study of people, and particularly jurors, has guided and assisted me in every trial for the last 22 years. Like the culture she comes from, her wisdom is ancient and awesome.

Read full article here

  • Oct 28, 2013
  • Monnat & Spurrier

WICHITA, Kan. – For the ninth consecutive year, criminal defense attorney Dan Monnat, of Monnat & Spurrier, Chartered, has been recognized as one of the Top 100 Lawyers in Kansas and Missouri by the magazine, “Missouri & Kansas Super Lawyers – 2013.”  Only 5 percent of all attorneys in Missouri and Kansas are included in Super Lawyers, making selection to the Top 100 the most elite of this exclusive legal group.

“The Top 100 is a pre-eminent group of attorneys that includes all areas of legal practice.  I’m honored and humbled to be ranked among them,” Monnat said.

Monnat has practiced in Wichita for more than 36 years.  A graduate of California State University, Monnat holds 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 Association for Justice’ Board of Editors and is the Criminal Law Chair.  He has also been designated a Fellow of the Kansas Bar Foundation, the American College of Trial Lawyers, the Litigation Counsel of America, the International Academy of Trial Lawyers and the American Board of Criminal Lawyers.

Monnat is a Life Member and past Board Member of the National Association of Criminal Defense Lawyers; and is a two-term past president of the Kansas Association of Criminal Defense Lawyers.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat authored “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 4th edition.

  • Oct 25, 2013
  • KSNW TV

WICHITA  – A motions hearing tomorrow will determine whether or not the identity of a Crime Stoppers tipster can be revealed for the trial of an accused murderer.

The ruling could have a big impact on a successful crime fighting program in Wichita.

This past April, the body of 19 year-old Jordan Turner was found in a field in southeast Wichita.

Three people are charged with his murder: Ebony Nguyen, Erick Jackson and Kristoffer Wright.

A motion filed by the attorney representing Nguyen asks the state to disclose the name and contact information for their confidential Crime Stoppers informant.

“The problem with every informant is what is their motivation? Is it to work off their own case? Their own crime?” asks criminal defense attorney Dan Monnat.

He says if the anonymous information is in the possession of the prosecutor, the prosecutor may have a duty to make the identity of the tipster known.

The catch here is that no one has that information.

“If we are subpoenaed for information and the judge allows it through the only thing they’re gonna get is gonna be info about the informant,” explains head of the Wichita Crime Commission Gordon Bassham.

Bassham says not even Crime Stoppers knows who that caller was.

And he says regardless – he’s not giving out the information.

“There’s a lot of case law not only from Kansas but around the country that will not allow that to happen,” assures Bassham. “It’s just a way to get information from Crime Stoppers and as I said we’re not going to let that happen.”

Monnat adds, as history dating back to World War II shows, a successful defense doesn’t have to rely on anonymous tipsters or informants.

“Their testimony or evidence was deemed inadmissible in court it’s really only since then that the use of informants has crescendoed to the level that it now exists,” explains Monnat.

KSN will be at that hearing Friday morning.

See video at KSN

KSNW TV


  • Oct 16, 2013
  • KSN News
  • -
  • by Ashley Arnold

DERBY, Kansas – It was Colby Liston’s first few days as a freshman at KU when a crash left him pinned between two cars.

It cost him both his legs and left his family hoping for justice.

“This should follow him for the rest of his life. I think he should have been a convicted felon,” said Matt Liston, Colby’s father.

Now, a Douglas County judge is suppressing some evidence against the driver.

Namely, a blood test that the prosecution said proved Julian Kuszmaul’s blood alcohol content was three times the legal limit.

Citing a Supreme Court ruling out of Missouri, the judge said that because Kuszmaul refused to consent to the blood test and a search warrant for that blood was never obtained, the results can’t be used in court.

Attorneys say that from a legal standpoint, the judge made the right call.

“There was no warrant. There was no consent, and the state had wholly failed to demonstrate emergency circumstances excusing the need to get a search warrant,” said Attorney Dan Monnat.

But for the Liston’s family, it isn’t enough, and they say the situation at hand is far from over.

“I think something is wrong with the Douglas County system. I don’t know if the attorney general needs to investigate it or something else needs to happen. They have failed not only Colby, but my family in more ways than I can tell you,” said Liston.

Kuszmaul is due back in court on October 22nd when a trial date will be set.

He currently faces charges of second offense DUI, marijuana possession, following too closely and refusing to submit to drug or alcohol testing all misdemeanors.

See video at KSN

KSN News – Ashley Arnold

  • Oct 14, 2013
  • Monnat & Spurrier

Dan Monnat, of Monnat & Spurrier, Chartered, was inducted into the American Board of Criminal Lawyers at ABCL’s annual meeting in Atlanta last week.  Monnat is the first Kansas attorney to be selected for the ABCL, whose members include lawyers in the U.S., Canada and Europe.

Founded in 1978, the American Board of Criminal Lawyers is an exclusive legal society for outstanding criminal trial lawyers, with admission to fellowship by invitation only. Fellows must have at least 10 years of criminal trial experience, and have tried at least 50 trials, including at least 35 felony jury trials.

“The primary concern of the ABCL is the preservation and the free exercise of fundamental freedoms for all those accused of criminal conduct,” Monnat said. “Over the years, ABCL Fellows have become regularly involved in high profile criminal cases throughout the country. I am honored to be included among this group of distinguished legal practitioners, whose collective hard work and dedication to criminal defense have made such worthwhile contributions to our American system of justice.”

Monnat has practiced in Wichita for more than 36 years.  A graduate of California State University, Monnat holds a Juris Doctorate 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, 4th edition.  Appointed by then-Governor Kathleen Sebelius, Monnat served on the Kansas Sentencing Commission from 2007 – 2012.

Monnat currently sits on the Kansas Association of Justice’s Board of Editors and is the Criminal Law Chair.  He has also been designated a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, Litigation Counsel of America and the Kansas Bar Foundation.

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.

  • Sep 18, 2013
  • The Wichita Eagle
  • -
  • by Tim Potter and Stan Finger

Prosecutors have dismissed charges against a Sedgwick County detention deputy accused of fondling two male inmates. The district attorney and the sheriff said it’s possible that charges could be re-filed.

In November 2012, prosecutors charged James Conklin, 54, with two counts of unlawful sexual relations, both felonies. The charges accused him of “lewd fondling” of two inmates in September and October of 2012. In the past, authorities said that the charges involved incidents at the work release center; according to the charges, the alleged victims were jail inmates.

One of the charges was dismissed in July and the other on Sept. 10, court records show.

In a statement Wednesday, Conklin’s defense attorney, Sal Intagliata said: “James Conklin honorably served his department and his community for almost 20 years as a deputy jailer. He and his family appreciate the willingness of the District Attorney’s Office to listen and review his case closely and on its own. We are most thankful for that office’s decision to dismiss the case. It was the right decision.”

Later, Intagliata added: “We continue to maintain that James Conklin did not commit these offenses.”

In a statement, District Attorney Marc Bennett said that the case against Conklin “was dismissed because a key witness is in custody in another jurisdiction and is unavailable to testify. The case was dismissed without prejudice which means it can be re-filed at a later time.”

Sheriff Jeff Easter said an alleged victim in the case is in a federal penitentiary and can’t get to Wichita to testify. When that person is available to testify, it’s possible the charges could be refiled, Easter said.

Conklin remains on unpaid suspension, and he has filed for retirement, Easter said.

“We are conducting an internal investigation” into the circumstances that led to the charges, Easter said.

That internal investigation had to wait until the criminal case was completed, he said.

Conklin was the second deputy within a year to be charged with sex crimes against inmates. Former Sedgwick County detention Deputy David Kendall is still facing multiple charges, ranging from aggravated sodomy to misdemeanor sexual battery.

Read full story at Kansas.com

The Wichita Eagle – By Tim Potter and Stan Finger

  • Sep 13, 2013
  • Monnat & Spurrier

For the second time, Best Lawyers has named Dan Monnat, of Monnat & Spurrier, Chartered, a Wichita Lawyer of the Year. In 2012, Monnat earned the distinction specifically for his white-collar criminal defense work. This year, Monnat has been recognized for his success in other criminal cases as the 2014 Wichita Criminal Defense: Non-White-Collar Lawyer of the Year. 

Monnat has been honored by The Best Lawyers in America® for 26 consecutive years.  For this 2014 edition, Monnat is listed in the fields of criminal defense; white-collar criminal defense; and appellate defense. Selection is based on a confidential, nationwide peer survey that rates attorneys on professional competency, legal scholarship, pro bono service, and achievement.

“For more than a quarter of a century, I’ve been honored to be recognized among this revered group of lawyers,” Monnat said. “Every day, they make our American justice system stronger by upholding the principles of the Constitution and protecting liberty for all of us,” Monnat said.

Monnat has practiced in Wichita for more than 36 years. 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, 4th edition. Appointed by then-Governor Kathleen Sebelius, Monnat served on the Kansas Sentencing Commission from 2007 – 2012.

Chosen in 2002 as a Fellow of the American College of Trial Lawyers, Monnat currently sits on the Kansas Association of Justice’ Board of Editors and is the Criminal Law Chair. He has also been designated a Fellow of the International Academy of Trial Lawyers, Litigation Counsel of America and the Kansas Bar Foundation.

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.

  • Sep 12, 2013
  • KSN TV
  • -
  • by Laura McMillan

DERBY, Kansas — Derby High School already has random drug testing. Add the AlcoBlow to the list.

“They blow onto the end of the wand and it has three indicators to see if they’ve been drinking,” says Derby High Principal Tim Hamblin. “We are doing this. It’s already been deployed at the first football game. We have two.”

“Teenage drinking happens. I’m not about to believe that does not go on at Derby High School or any other school in the USA. But with drinking, sometimes, bad things can happen. The consequences can be life-altering or the tragic loss of life.”

Derby says it will only use the “AlcoBlow” system on a student, if someone comes forward and states a student may be drinking or intoxicated.

“We won’t be roaming the stands at games,” says Hamblin.

The idea is met with mixed reviews from students, who wonder if the idea is a good one.

“It’s kind of yes and no,” says Derby Junior Courtney Anderson. “If you’re not doing it (drinking) then you shouldn’t worry at all. ”

“It’s known. Teenagers do drink,” says student Jackson Howard. “In some circumstances I think it would be necessary if you know they are intoxicated at a sporting event like that.”

Mixed reviews. But, is it legal?

Law analysts say rights of students have been through the courts when it comes to students and drug and alcohol testing.

“Maybe the bigger question here is how will the school do this?” asks legal analyst and Wichita attorney Dan Monnat. “Might we find that a disproportionate number of students with face metal and tattoos are being tested? Or, might we find that a disproportionate number of students who wear hoodies are being tested? The school has to be very careful to administer such constitutionally permissible procedures as these in a non-discriminatory manner.”

Some parents are onboard, saying it’s a good idea.

“I think it’s a good thing,” says parent Sean Larson. “It will keep our kids responsible and let them know there is some consequences for that.”

School leaders say they will be judicial in their use of the AlcoBlow device.

“If there is a positive test, we will call the police,” says Hamblin. “Teen drinking is just not legal. Also, we will not test a suspected student in public. They will be pulled aside and two administrators will view the procedure.”

If a students tests positive, and the subsequent police breathalyzer test confirms the AlcoBlow test, there could be a student suspension.

The system is already in use, and will be available for all extra-curricular activities. There are no plans to have parents tested.

See video at KSN

KSN TV – By Laura McMillan