WICHITA, Kan. (AP) – The arrest of a Kansas man accused of trying to bring what he thought was a car bomb into a Wichita airport marked the culmination of a months-long undercover sting in what has become a successful and widely used domestic counterterrorism tactic.

Court documents detail Terry Lee Loewen’s alleged conversations with undercover FBI agents over six months. The discussions began with vague sentiments about his desire to commit “violent jihad” against the U.S. before turning into a detailed, concrete plot in which the agents recruited him to use his airport access to plant a bomb in a martyrdom operation.

Loewen, a 58-year-old avionics technician who worked at the airport for Hawker Beechcraft, was arrested Friday on charges including providing support to al-Qaida and attempting to use a weapon of mass destruction. He remains jailed, and prosecutors expect to take their case to a grand jury Wednesday.

The case resembles a string of investigations conducted by the FBI since the Sept. 11 terrorist attacks that have prompted controversy over whether law enforcement’s tactics involve entrapment and violate civil liberties.

One such case involved an undercover agent pretending to be a terrorist who provided a teenager with a phony car bomb, then watched him plant it in downtown Chicago. In Boston, a man was sentenced to 17 years in prison for plotting with undercover agents to fly remote-controlled planes packed with explosives into the Pentagon and U.S. Capitol.

The FBI insists the stings are a vital, legal tool for averting potentially deadly terrorist attacks – and juries have returned tough sentences.

Dan Monnat, a prominent Kansas defense attorney who isn’t representing Loewen, said the 21-page criminal complaint against Loewen doesn’t contain enough information to find his guilt or evidence of FBI entrapment. But he questioned the FBI’s tactics.

“If the fragile mental state of an otherwise upstanding individual is exploited to commit a crime that the individual otherwise would not have taken steps to commit, how does that make us safe and why spend taxpayer money on prosecution?” Monnat said Saturday.

“If that is what happened here, we have to ask ourselves: Is grooming terrorists the best use of our taxpayer money for security? If the person otherwise would never have taken further steps in furtherance of terrorism, what is the point?”

But entrapment defenses have failed in various cases. In a 2009 case in New York, a federal judge said she was not proud of the government’s role in nurturing an alleged conspiracy in which four men were convicted in a plot to bomb synagogues and shoot down military planes with missiles. The men were each sentenced to 25 years in prison.

In an unsuccessful appeal, the defense argued the men were harmless dupes led astray by an FBI informant who infiltrated a mosque. With the encouragement of the informant, one of the men hatched the scheme to blow up the synagogues in the Bronx and to shoot down military cargo planes with missiles.

The appeals court found the government’s tactics didn’t rise to the level of “outrageous misconduct.”

Court documents don’t specify what initially led investigators to Loewen, though he allegedly told an undercover agent during one online exchange: “hey I read Inspire magazine; I believe in staying informed.” Inspire, an English-language online magazine, is produced by al-Qaida affiliates. It includes such things as bomb-making instructions and endorsements of lone-wolf terror attacks.

He also allegedly told the undercover agent he’d downloaded tens of thousands of pages about jihad, martyrdom operations and Sharia law, and printed out an al-Qaida manual – online activity that often draws law enforcement’s attention.

U.S. Attorney Barry Grissom declined to discuss the case Saturday. But in May, he told students during an event at Wichita State University that authorities monitor extremists groups’ websites, including Inspire magazine.

“Do not go to this website,” Grissom said. “You will be on our list.”

In Loewen’s case, court documents paint an undercover operation in which Loewen and two FBI agents posing as conspirators ultimately hatched a plot to place a vehicle full of explosives at the Wichita airport. He allegedly timed it to cause “maximum carnage” and death, according to an FBI affidavit.

In early October, one undercover agent told Loewen he’d just returned from overseas after meeting with individuals connected with al-Qaida, and that the “brothers” were excited to hear about his access to the airport. When the agent asked if he’d be willing to plant a bomb, Loewen allegedly told him the plans were “like a dream come true for me, and I never expect things this good to occur in my life.”

Over the coming months, he allegedly conspired with the agents. Loewen, who once claimed to know nothing about explosives, assisted an undercover agent assemble a bomb – but with inert explosives – using components he took from his employer. Two days later, an undercover agent picked Loewen up at a local hotel, went to another location to get the fake bomb and drove to Wichita Mid-Continent Airport.

Loewen was arrested early Friday as he twice tried to use his badge to gain entry to the tarmac.

In a letter dated Wednesday that prosecutors say Loewen left for a family member, Loewen said he expected to be martyred for Allah by the time the letter was read. He wrote that his only explanation was that he believed in jihad for the sake of Allah and his Muslim brothers and sisters, though he said most Muslims in the U.S. would condemn him.

“I expect to be called a terrorist (which I am), a psychopath, and a homicidal maniac,” the letter said.

The Wichita Eagle newspaper, citing police, reported Saturday that Loewen has had at least one brush with the law, a concealed-carry violation at the airport in 2009.

Loewen has been described by a relative and a neighbor as a good person who largely kept to himself. His wife attended his initial court appearance Friday but refused to talk with reporters, as did his attorney.

Read full story here

Associated Press – By Roxana Hegeman

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

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

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

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.

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


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

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.

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

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.