• Feb 11, 2013
  • NYTimes.com.

To the Editor: Re “Why Police Lie Under Oath,” by Michelle Alexander

To the Editor: Michelle Alexander suggests two explanations for why officers lie: because they can, and to increase arrests. I would like to suggest a third.

Our system openly embraces certain police lies, such as undercover lies and lies to induce confessions. Given that officers also lie under oath, one has to wonder: Does the acceptance of lying in the field have a spillover effect into the courtroom? Can an officer who is trained to live an undercover lie fairly be expected to turn off the duplicity spigot upon crossing the threshold into the courtroom?

While ending all investigative lies is probably an unrealistic goal, it may be time to question our reflexive assumption that these lies are “good” lies. If we can nudge the police toward a stronger culture of honesty in the field, then perhaps we can better rely on them to maintain honesty in the courtroom.

DANIEL E. MONNAT Wichita, Kan., Feb. 5, 2013

The writer is a lawyer.

Read Article at NYTimes.com.

Click to read Dan Monnat and Paige A. Nichols’ article, To Protect and Serve… And Lie? Why Even “Good” Police Lies are Bad for Kansas Justice.

  • Feb 11, 2013
  • NYTimes.com.

To the Editor: Re “Why Police Lie Under Oath,” by Michelle Alexander

To the Editor: Michelle Alexander suggests two explanations for why officers lie: because they can, and to increase arrests. I would like to suggest a third.

Our system openly embraces certain police lies, such as undercover lies and lies to induce confessions. Given that officers also lie under oath, one has to wonder: Does the acceptance of lying in the field have a spillover effect into the courtroom? Can an officer who is trained to live an undercover lie fairly be expected to turn off the duplicity spigot upon crossing the threshold into the courtroom?

While ending all investigative lies is probably an unrealistic goal, it may be time to question our reflexive assumption that these lies are “good” lies. If we can nudge the police toward a stronger culture of honesty in the field, then perhaps we can better rely on them to maintain honesty in the courtroom.

DANIEL E. MONNAT
Wichita, Kan., Feb. 5, 2013

The writer is a lawyer.

Read Article on NYTimes.com.

Click to read Dan Monnat and Paige A. Nichols’ article, To Protect and Serve… And Lie? Why Even “Good” Police Lies are Bad for Kansas Justice.

  • Jan 18, 2013
  • KWCH TV
  • -
  • by Kim Wilhelm

DODGE CITY, Kan. — Four years after a girl’s death, there’s an arrest in case. Three year-old Natalie Pickle died in November 2008 in Dodge City.  At the time she was in the care of her mother’s boyfriend, Brock Cunningham.

Thursday afternoon, Cunningham was arrested and booked into the Ford County jail on suspicion of first degree murder and child abuse.  A sergeant at the jail tells Eyewitness News that Cunningham bonded out.  His bond was set at $75,000.

“The death of young Natalie Pickle over four years ago was a tragic loss,” said attorney Dan Monnat who represents Cunningham. “Brock had nothing to do with causing her death.  Brock tried to save Natalie’s life that night.  He has cooperated with law enforcement at the time of the investigation into Natalie’s death and told them he was innocent of any crime.  Today, again, Brock says he’s innocent and will proceed to jury trial unless these accusations are otherwise dismissed.”

When Natalie died, Cunningham told investigators Natalie fell off the bed. She died the following day.

Dodge City police ruled it a homicide.

In previous interviews with Eyewitness News, Natalie’s mother said doctors told them the injuries were too severe to be caused by a fall from a bed.

“He told us this looked like something from a fall from a five story building,” said mother Amanda Perry. “This isn’t something you see from a two foot bed.”

Eyewitness News has reached out to the Ford County attorney for more information.  Once details are available, we will bring them to you.

See video at KWCH

KWCH TV – By Kim Wilhelm

  • Jan 18, 2013
  • KAKE TV






A 28-year-old Dodge City man has been arrested in the 2008 death of his girlfriend’s daughter.

The Dodge City Globe reports that Brock W. Cunningham was charged Thursday with first-degree murder and one count of felony child abuse in the death of 3-year-old Natalie Pickle. The child was severely injured in Dodge City on Nov. 19, 2008, and died the next day at a Wichita hospital.

The child was in Cunningham’s care while her mother was at work. The case has remained open since authorities ruled the child’s death a homicide in December 2008.

Ford County Attorney Natalie Randall says Cunningham was released on $75,000 bond Thursday, but released few other details Friday in a written statement: “The County Attorney’s Office wants justice for Natalie Pickle, and will decline to comment further until court proceedings have concluded.”

Dan Monnat, Cunningham’s lawyer, said Friday that Cunningham is innocent of the charges and “had nothing to do with causing her death.” He says Cunningham tried to save the child’s life that night and has cooperated with law enforcement during the investigation.

The Associated Press contributed to this report.

See video at KAKE

KAKE TV

  • Jan 02, 2013
  • KWCH 12 Eyewitness News
  • -
  • by Jim Grawe

WICHITA, Kansas – It’s a first of its kind in Kansas, according to Wichita attorney Dan Monnat.

The state of Kansas is demanding William Marotta of Topeka help support a lesbian couple’s three-year-old daughter.

In 2009, Marotta answered the couple’s ad on Craigslist for a sperm donor. He delivered the sperm to their house, which the couple inserted on their own. Marotta also signed away all parental rights. The problem is, he didn’t realize that state law still considers him the birth father and responsible for supporting the child since a physician wasn’t involved in the insemination.

“The statute itself was probably well-intended, inserting a physician in the middle of this as the only practical way to assure against false claims of artificial insemination,” Monnat says.

When the couple broke up, the one who mothered the child turned to the state for public assistance. She says the state compelled her to turn over the biological father’s name. Now, Marotta is fighting the state’s demand of $6,000 in child support. His attorneys set up a Facebook page to solicit donations for the legal fees, as they ask a judge to dismiss the case.

“The issue will be whether to follow the letter of the law or to carve out some kind of exception of the law based on the parties’ intent,” Monnat says.

See video at KWCH

KWCH 12 Eyewitness News – By Jim Grawe

  • Jan 02, 2013
  • KAKE TV
  • -
  • by Chris Frank

Authorities in Lyon County are investigating after a homeowner shot an intruder breaking into his home near Neosho Rapids.

The shooting has left some asking what their rights are when defending their home or property from intruders. So-called Castle Laws or Doctrine date back to old English law removing the duty of a resident to retreat before using deadly force.

“Controversial cases like this always create a great hue and cry from the public” says Wichita attorney Dan Monnat. We asked Monnat, who has spent decades inside Kansas courtrooms, to research the law on the use of force when someone in breaking into a home.

“Kansas law permits a resident to use such force as the resident believes is reasonably necessary to prevent or terminate an unlawful entry into a dwelling.” says Monnat.

Last September, a Wichita resident shot at three men he says were breaking into his southeast Wichita home, striking one of them.

“Deadly force may used by those persons in those circumstances but only if the person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to the resident or another person.” according to Monnat.

He says the state law allows a resident to stand their ground with no duty to retreat and repel an aggressor’s force. However, Monnat says the law is different when defending property. He says the legislature has been careful to spell out when force and deadly force can be used.

“I would think that simply to prevent interference with private property deadly force would rarely be justified. We don’t want to go back to the wild, wild west.”

See video at KAKE

KAKE TV – By Chris Frank

  • Nov 26, 2012
  • Monnat & Spurrier

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 four distinct categories:

  • Appellate Practice
  • Criminal Defense: Non-White-Collar
  • Criminal Defense: White-Collar – Governmental Investigations
  • Criminal Defense: White-Collar – Litigation

“Best Law Firms” is one of U.S. News & World Report’s series of consumer guides that include rankings of hospitals, colleges, graduate schools, and more.  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 by defense attorney Dan Monnat and legal scholar Stan Spurrier.  The firm has five lawyers and has gained an international reputation through its defense of such high-profile clients as late-term abortion provider Dr. George Tiller 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 noted for their criminal defense work:  Trevor Riddle; Sal Intagliata; and Jon McConnell.

Click here for the rankings posted online.

  • Oct 23, 2012
  • KFDI

For the eighth consecutive year, criminal defense attorney Dan Monnat of Wichita has been named one of the Top 100 Lawyers in Kansas and Missouri.

The list appears in the magazine, “Missouri & Kansas Super Lawyers – 2012.” Only 5 percent of all attorneys in the two states are listed in Super Lawyers.

Monnat has practiced in Wichita for more than 35 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. He is a partner of Monnat & Spurrier, Chartered in Wichita.

Read Article on KFDI

  • Oct 22, 2012
  • Monnat & Spurrier

WICHITA, Kan. – For the eighth consecutive year, criminal defense attorney Dan Monnat, of Monnat & Spurrier, Chartered, has been named one of the Top 100 Lawyers in Kansas and Missouri by the magazine, “Missouri & Kansas Super Lawyers – 2012.”  Only 5 percent of all attorneys in Missouri and Kansas are listed in Super Lawyers, making selection to the Top 100 the most elite of this exclusive list.

“The Top 100 is the pre-eminent group of lawyers in the Midwest and I’m honored to be recognized among them,” Monnat said.

Monnat has practiced in Wichita for more than 35 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.

Chosen in 2002 as a Fellow of the American College of Trial Lawyers, 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, a Fellow of the Litigation Counsel of America, and a Fellow of the International Academy of Trial 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.

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

  • Sep 27, 2012
  • KSN TV
  • -
  • by Craig Andres

WICHITA, Kansas – The next time you go through a “check lane” it may not be for DUI. A Wichita group wants to pull you over and give you a survey.

What’s being proposed here, however, raises I think serious constitutional questions,” says Legal Expert Dan Monnat of Wichita. Monnat says DUI check lanes have been ruled legal on the Supreme Court level. So, too, have roadblocks for matters of keeping our national borders secure. But this one, he says, may be another matter.

Fourth Amendment issues come into play. “This is not a random suspicion-less seizure of motorists for safety purposes,” says Monnat. “It’s a seizure to conduct a survey to ask motorists where they’re coming from and where they’re going and maybe why.”

The Wichita Area Metro Planning Organization says the cops will be at the stops, but only as observers to keep traffic flowing. The Organization put out a press release that reads, in part: “The primary objective of the External Station Survey is to provide detailed information regarding traffic entering and leaving the WAMPO region at key roadway locations…”

The organization says it will use the information from the surveys to monitor traffic patterns, find out how many people are riding in cars and where they are going. The group may also be taking pictures of license plates. The purpose? To send surveys in the mail to those who have driven through the “check lane” and declined to take the survey.

See video at KSN

KSN TV – By Craig Andres