• Jul 22, 2014
  • KSNW TV
  • -
  • by Brittany Glas

WINFIELD, Kan. – Some residents of Winfield are outraged that a convicted sex offender was allowed to go home before being sentenced to life in prison.

Loarn Earl Fitzgerald II was released on a low bond amount after being convicted of child sex crimes for the third time.

A judge set a bond of $25,000 and Fitzgerald was allowed to go home for two weeks before sentencing to a neighborhood where many children live.

KSN spoke to Judge James Pringle about residents’ concerns over the bond amount.  He said it’s probably not that bad to let Fitzgerald spend two weeks with his family before he never sees them again.

It was a decision that still does not sit well with residents who were forced to live near the convicted sex offender over the course of those two weeks.

“I couldn’t believe it!” said Deanean Holden, one of Fitzgerald’s neighbors. “I mean that’s you know, you have kids around. You’d think at least he would have to wait for sentencing in jail, not be out and be accessible.”

The bond made waves across Cowley County, especially for his Winfield neighbors when they realized he would be out of jail and back home.

“He was down the street, sitting on the porch watching kids,” said Holden.

“I watch these little kids all the time, just like they were my own. So yeah, I’d be worried about it too!”

Cowley County residents reached out to KSN weeks ago, concerned District Court Judge Pringle was setting low bond amounts for sex offenders.

We learned that in setting a bond with the constitution and Kansas law in mind, a judge must consider two issues: whether the person is a danger to the community or a flight risk.

In the case of the three-time convicted sex offender, the bond was set at only $25,000, meaning he paid $2,500 to be home for two weeks before being sentenced to prison.

County Attorney Christopher Smith publicly disagreed with the bond.

He stated, as a prosecutor, he considered Fitzgerald both a danger to the community and a flight risk.

“I was against releasing him on bond under any condition,” Smith said.

Neighbors say Fitzgerald’s criminal history should have been evidence enough against him.

“He’s already been convicted three times,” said Holden. “It just didn’t make any sense.”

But it wasn’t up to his neighbors. It’s up to the man behind the bench: Judge Pringle.

“Entrusted to the wisdom of the individuals we elect and put in place as judges,” said Dan Monnat, KSN Legal Analyst.

“Fine, they have discretion, but there should still be some, you know, limits,” said Holden. “Our laws need to be stricter. They need to be more safe for our kids.”

State Senator Michael O’Donnell agrees.

“The legislature does need to step in and just have a minimum threshold,” said O’Donnell. “If you are accused or charged with a certain crime, and some of the most horrific crimes are child sex crimes, that we are going to hold you accountable.”

There are at least a dozen children who live in the immediate vicinity of the home Fitzgerald was living in prior to his sentencing.

Because this was Fitzgerald’s third offense, Jessica’s Law applied in this case.

Judge Pringle sentenced Fitzgerald Thursday to life in prison without the possibility of parole.

Neighbors say it was a relief.

KSNW TV – By Brittany Glas

  • Jul 09, 2014
  • KSN TV
  • -
  • by Brian Miller and Eric Armstrong

WICHITA, Kan. — A state judicial board finds a Sedgwick County judge has been sexually harassing female co-workers for years and now it’s up to the State Supreme Court to punish him.

Judge Timothy Henderson is being investigated for Sexual Harassment and other ethical violations.

The panel recommended that the Kansas Supreme Court publicly censure Henderson for “sporadic and pervasive comments of a sexual or suggestive nature.

But the State Supreme Court can punish Henderson further, including removing Henderson as a judge.

The allegations date back to 2006 and according to those who testified at a public hearing in May. Violations continued as recently as last year when a formal complaint was filed.

“Power tends to corrupt and judges have enormous power,” said legal expert Dan Monnat. “The panel has now found by clear and convincing testimony that this judge did not follow the rules designed to be a check on his power.”

According the recently released findings by the commission in judicial qualifications, Judge Henderson quote:

“….regularly made sporadic and pervasive comments of a sexual or suggestive nature.”

When the women accusing Henderson of wrongdoing were asked by the panel, why it took them so long to report sexual comments:

“She testified that she didn’t report the incidents before because (Henderson) was a judge and she felt he would retaliate.“

KSN reached out to Judge Henderson about the ruling, and he refereed us to his attorney who says his client has 20 days to accept or challenge the decision.

See video at KSN

KSN TV – By Brian Miller and Eric Armstrong

  • Jul 08, 2014
  • Dodge City Daily Globe
  • -
  • by Christopher Guinn

DODGE City, Kan. – Dodge City pastor Jerrold Wayne Ketner pled guilty to a single count of aggravated sexual battery as part of a plea agreement with the state that dropped six other felony charges.

The state sentence follows a charge that Ketner intentionally touched the victim without consent with the intent to arouse sexual desires on or between March 1 and March 31, 2013. The victim was manipulated through financial means, prosecutor Natalie Randall said.

The most severe charges facing Ketner, including one count of rape and one count of attempted rape, were dropped by the prosecution.

In light of his age, health and lack of prior convictions, Judge Leigh Hood sentenced the 80-year-old Ketner to three years of probation.

As terms of the probation, Ketner is not to contact the victim of the crime or her husband. Ketner will pay no restitution to the victim and will not have to register as a sexual offender. Due to Ketner’s age, Hood did not assign him community service as a condition of his probation.

The standard sentence for the severity level five felony is 32 months of confinement in a state prison.

“Dr. Ketner has accepted responsibility and has done it for the benefit of his family,” Ketner’s attorney Sal Intagliata said at the hearing, Tuesday.

Prior to sentencing, Intagliata added two documents to the court’s record, one outlining Ketner’s numerous health ailments and another documenting his record of service to the community.

“I leave that document as it speaks for itself,” Intagliata said. Intagliata also pointed out the number of supporters in the courtroom which he said have helped and will continue to help Ketner meet the conditions of his probation.

Ketner declined to make a statement at the hearing, as did the victim who was present when the sentence was levied.

Hood said he makes an effort to honor plea agreements between defendants and the state, though Ketner could appeal the sentence if he so chooses.

Read full story here

Dodge City Daily Globe – By Christopher Guinn

  • Jun 27, 2014
  • KSNW TV
  • -
  • by Brittany Glas

GARDEN CITY, Kansas – At least six Garden City teens could face charges for allegedly texting nude photos of a Garden Citty High School student when she was 13 years old.

In a press release issued Friday, Garden City Police said the investigation started in January of this year when it was reported to school officials who then notified the department.

To read the press release in its entirety, follow this link: GCHS Sexual Exploitation Press Release

It is unclear who took the photos and began sending them to students, however the law indicates that it doesn’t matter.

“The crime doesn’t hinge so much on who took the photo as much as it does who possesses it with the required criminal intent or who transmits it electronically, digitally, or photographically,” said Dan Monnat, a legal analyst.

Police have identified six suspects, ranging from 14 to 18 years old, and two victims, ranging from 14 to 16 years old.

“Sexting is a level five felony which carries a presumed sentence of imprisonment from 31 to 34 months,” said Monnat.

Officers also identified several potential suspects, victims, and witnesses, who are reportedly not cooperating with law enforcement.

KSN learned that there are at least three Kansas state laws that apply to sexting, all of which have already been requested in this case.

Police filed affidavits with the Finney County Attorney’s Office requesting the charges of:

  • Electronic Solicitation of a Child
  • Sexual Exploitation of a Child
  • Promoting Obscenities to Minors, and
  • Interference with a Law Enforcement Officer

The superintendent of Garden City Public Schools USD 457, Rick Atha, Ph.D., gave KSN News the following statement:

“Anytime something like this happens, we go to the police and give them our full cooperation. It was an issue in January and for a short time after, but in the last couple of months it hasn’t been.”

KSN also learned that cases like these could become more interesting in the future as a direct result of this week’s U.S. Supreme Court ruling that requires law enforcement to obtain a warrant before searching cell phones.

“We have to ask a question this week that we wouldn’t have had to ask last week and that is, ‘Did the law enforcement officers here acquire the images from the sexting telephones with a valid search warrant?’ If they didn’t, then the photos cannot be admitted into evidence, and probably, these individuals need to go free of being accused of any crime,” said Monnat.

See video at KSN

KSNW TV – By Brittany Glas

  • Jun 26, 2014
  • KSNW TV
  • -
  • by Felix Rodrigues Lima

WICHITA, Kan. – Supporters of same-sex marriage in Kansas say they are one step closer to having the ability to marry in their home state, after a ruling that more than likely could end up in the hands of the U.S. Supreme Court.

“This is another huge step forward for equality for LGBT Kansans and Americans who want to be able to marry their partners,” Thomas Witt, executive director for Equality Kansas, said.

The ruling by the 10th Circuit Court in Denver upheld a judge’s ruling in Utah, striking down that state’s same-sex marriage ban. It is binding in 6 states, including Kansas. But the circuit court put an immediate stay on the decision, pending an appeal to the Supreme Court.

“Does the decision of the court necessarily say those law enforcement officials must issue licenses? No, because the 10th Circuit stayed its decision,” legal analyst Dan Monnat said.

In light of the ruling, a county clerk’s office in Boulder, Colorado started issuing licenses to same sex couples. Here in Kansas, officials say a similar result is unlikely, since it is district court employees who issue a license to wed, not elected officials that have the authority to make those decisions.

“They are employees of the districts where they work, so if they’re not being told they can do that, they’re not going to be able to,” Witt said.

The Utah attorney general says it will appeal the decision to the Supreme Court, which could once again be in the middle of a same-sex marriage debate.

“Whether or not the United States Supreme Court reviews this is a discretionary matter,” Monnat said.

The Utah AG has 90 days to respond to the circuit court ruling an appeal to the Supreme Court. From there, it could be another year or two if the court decides to take on the issue.

KSNW TV – By Felix Rodrigues Lima

  • Jun 25, 2014
  • KSNW TV
  • -
  • by Felix Rodrigues Lima

WICHITA, Kansas – Individual privacy supporters applauded a Supreme Court ruling Wednesday that determined that the contents of cell phones can only be released to law enforcement through a search warrant.

It’s because “a person’s life and their privacy can be reconstructed, said the court, by means of their smartphone,” according to Dan Monnat, a legal analyst.

Local law enforcement agencies tell KSN there will not be much of a change to the way they operate in light of the ruling.

In the case of the Sedgwick County Sheriff’s office, they already work with the district attorney’s office to get search warrants, including cell phone records.

“We’re going to have the same procedures,” Lt. David Mattingly said. “It’s the Supreme Court’s decision. It’s not our place to argue that; it’s our place to follow what they say.”

There is concern the ruling could allow suspects to conceal evidence on their cell phone. As it stands, officers are trained to find other things to establish probable cause.

“There’s going to have to be something else tied with other than someone has a cell phone, that the deputy or detective will have to articulate in a search warrant application, and then a judge and district attorney’s office agree with that deputy that probable cause does exist,” Lt. Mattingly said.

In the majority opinion, the justices acknowledged that the ruling could impede some investigations, but considered it a small cost to pay to protect individual privacy.

“If these devices can be used for unlawful means, and the law enforcement officers have particular facts to demonstrate that, it should not be a problem for those officers to get a search warrant,” Monnat said.

KSNW TV – By Felix Rodrigues Lima 

  • May 27, 2014
  • Monnat & Spurrier

(WICHITA, Kan.) – Dan Monnat, of Monnat & Spurrier, Chartered, has been listed by Chambers USA 2014 as one of Kansas’ most notable litigators in the area of White-Collar Crime and Government Investigations. According to the publication’s editorial report, Monnat “continues to add to his impressive record of jury trials and appeals.”

Chambers USA surveys both lawyers and their clients each year. The publication bases its rankings on legal ability, client service, business acumen, diligence, professional conduct and pre-eminence in the attorney’s key practice area.

Monnat has practiced in Wichita for more than 38 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, 4th edition. He was a member of 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, and the Litigation Counsel of America. He currently sits on the Kansas Association of Justice’s Board of Editors and is the Criminal Law Chair.

Monnat is a member of the National Trial Lawyers and served as a member of the National Association of Criminal Defense Lawyers Board of Directors from 1996 – 2004. He is a two-term past president of the Kansas Association of Criminal Defense Lawyers and a member of the Nebraska Criminal Defense Attorneys Association.

  • May 13, 2014
  • KAKE TV

OAKLEY, Kan. (AP) — A Kansas man who was scheduled to go to trial this week for shooting a former employee has been granted immunity from liability under the state’s “Stand Your Ground” law.

David Collins of Oakley could have faced prison time if found guilty of aggravated battery in the March 5, 2013, shooting of Desmond Bowles. Chief Judge Glenn Schiffner’s ruling Thursday caused the case to be dropped.

Bowles was a former employee of the Collins farm and ranch and had been told to stay off the Collins property. Court documents show Bowles went to the home David Collins’ father, where David Collins confronted him.

Collins says he pulled his gun and it went off during a scuffle. Bowles survived but lost sight in his left eye. Collins attorney, Billy Rork, told KAKE News, “My client was extremely pleased the court was able to fashion this decision prior to a jury trial, while he was ready to go to a trial and defend himself.”

Wichita defense attorney Dan Monnat said the Kansas law is meant to allow people to defend themselves. “Kansas Law permits a person to use such force against another as the person believes is reasonably necessary to defend such person or third persons against the other’s immediate threat of unlawful force”, Monnat said. He added, “under Kansas law a person has no duty to retreat as long as that person is defending a dwelling, an occupied vehicle or a place of business.”

As for Collins, attorney Billy Rork said the Logan County District Attorney has 10 days to appeal the judge’s ruling. Otherwise Collins is in the clear.

KAKE TV

  • Mar 16, 2014
  • Topeka Capital Journal
  • -
  • by Andy Marso

In the criminal justice system, Terry Loewen is a defendant, presumed innocent as federal prosecutors try to prove charges he attempted to use a weapon of mass destruction at the Wichita airport where he worked.

In the state Legislature, Loewen has already become the poster child and the justification for a bill to broaden the state’s civil and criminal anti-terrorism statutes.

“A few years ago we wouldn’t have maybe even been discussing a bill that takes civil action and forfeiture of property for acts of terror on Kansas property,” Rep. Kevin Jones, R-Wellsville, told the Senate Judiciary Committee on Thursday. “This bill is being brought before you at this time in light of recent events that happened in Wichita where a man attempted to drive what he thought was a van loaded with explosives onto the tarmac at the Wichita airport with the intent to kill as many innocent people as possible. So this bill is very appropriate for right now.”

Thursday’s testimony was similar to comments Jones gave on the House side, where the bill passed 123-0.

Attorneys on both sides of the Loewen case, which is in its beginning stages, said this week they couldn’t comment.

Dan Monnat, a Wichita defense attorney who isn’t involved in the case but has been following it, said Jones should choose his words more carefully.

“I’m always disheartened when I hear American government officials ignoring our time-honored presumption of innocence and right to a fair trial,” Monnat said.

Monnat, who has told other news outlets that an entrapment defense may be employed in the Loewen case, said those promoting legislation should avoid assertions about what Loewen did or didn’t do while the trial is in process.

“None of us know anything about the Terry Loewen case,” Monnat said. “We only know the accusations of the government. Those accusations, as in any other case, must be proved beyond a reasonable doubt.”

Told of Monnat’s concerns Friday, Jones said it was a “good point.”

“That’s actually a legitimate concern,” Jones said. “It was not my intention to pre-speak on a trial if he actually hasn’t gone through a full trial and been proven guilty.”

Jones said his testimony was based on news reports of what Loewen is alleged to have done, but he acknowledged the wording of his testimony may have surpassed allegation on its way to assertion.

“Yeah, that sounds like I’m condemning him prematurely, and that was not my intention,” Jones said.

Jones is the lead proponent of House Bill 2463, but others also have cited the Loewen case in testimony for the bill, sometimes referring to Loewen by name.

William Rich, a Washburn Law School professor who specializes in torts and constitutional law, said any comments by Jones and others asserting or implying Loewen’s guilt could be prejudicial if publicized widely.

“What legislative action could do, and particularly all the news reports associated with the legislation is to create an unfair environment for his trial,” Rich said. “It wouldn’t be the action of the Legislature, it would be the the news reports associated with it.”

The bill in question would expand the state criminal code regarding terrorism to include anyone who commits a terrorist act, those who “hinder the prosecution of any such crime” and those who “conceal or aid in the escape of any such crime.”

It would also allow for victims of such crimes to file lawsuits and seek civil penalties against anyone involved in those activities.

Though Jones is carrying the bill, a supplemental note says it was introduced by Rep. Peggy Mast, R-Emporia.

In 2012, Mast waded into an ongoing divorce case between two Muslims in Wichita to use it as supporting evidence for a bill that she said would prevent Islamic law, or sharia, from being applied by Kansas courts. At the time attorneys inside and outside of the Statehouse, including then-Sen. Tim Owens, urged the Legislature to allow the case to run its course before forming legislative responses.

Jones has testified that HB 2463 is similar to an Arkansas law passed after a shooting at a military recruiting center in Little Rock. He said he only cited the Loewen case so the need for it would hit home.

“That’s one of the examples that brought it to the forefront for Kansas,” Jones said. “There’s other examples. That being said, I still think it’s a good bill.”

The bill is also supported by the Center for Security Policy, a think tank that campaigned against the construction of a mosque in New York City and also pushed to ban sharia in U.S. courts.

Christopher Holton, the think tank’s vice president for outreach, testified for HB 2463, while also erroneously asserting that Kansas has no RICO law that could apply to those who aid terrorism.

Legislators passed a Kansas RICO law, Senate Bill 16, last year. Gov. Sam Brownback approved it April 16, 2013, and it took effect July 1, 2013.

See full article here

Topeka Capital Journal – by Andy Marso

  • Feb 20, 2014
  • KWCH TV
  • -
  • by Jim Grawe

WICHITA, Kan. – Court motions are usually meticulously crated by attorneys.  But not always.

“In every jail, in every prison, there are so-called jailhouse lawyers who will draft pleadings like this for an inmate in exchange for a cigarette,” attorney Dan Monnat says.

But Monnat adds, it’s not a good idea.

Bluml and three others are accused of killing Bluml’s adoptive parents at their rural Valley Center home.  One of Bluml’s motions asks the court to suppress statements made to detectives, because he writes he was “under the influence of narcotics.”

Another motion asks for a speedy trial within 90 days–no delays.

“In a capital case, where an individual may be looking at the death sentence, there is probably no wisdom that indicates rushing to trial on that case,” Monnat says.

Monnat – who is not involved in this case–says defendants often file motions like this out of fear and frustration.  He says court-appointed attorneys such as Bluml’s tend to be very busy, and their clients get anxious.

“A young adult–fighting for his life, charged with a capital offense, afraid–may not have the emotional endurance to wait until his overwhelmed, court-appointed lawyer can get to the many issues involved in a capital case,” Monnat says.

He adds that defendants have the right to file motions like this, and judges must consider them.  But without legal expertise, Monnat says defendants can unknowingly incriminate themselves and end up paying a big price for it.

See video at KWCH

KWCH TV – By Jim Grawe