Sal Intagliata has been elected Vice President of the Wichita Bar Association for the 2012-2013 term. The WBA has more than 1,300 attorneys and judges as members.
Intagliata also sits on the Board of Governors of the Kansas Association of Criminal Defense Lawyers (KACDL) for the 2012-2014 term.
Dan Monnat has been named by Chambers USA 2012 as one of Kansas’ most notable litigators in the areas of white-collar crime and government investigations. According to the publication’s editorial report, Monnat “enjoys a burgeoning reputation for his astute handling of white-collar criminal matters.” Chambers also describes Monnat as “very thorough and diligent in his research, preparation and presentation…”
Lawyers are researched and ranked by Chambers USA based on legal ability, client service, business acumen, diligence, and professional conduct. Rankings also reflect pre-eminence in the attorney’s key practice area and achievement in the past year.
Defense attorney Dan Monnat is making the argument in a motion filed Thursday to dismiss the charges against Todd Puetz, who had been a winning high school coach and athletic director before being charged last November with electronic solicitation, attempted aggravated indecent liberties with a child and attempted criminal sodomy.
The defense motion came less than a month after a District Court judge found that prosecutors presented enough evidence for Puetz, 40, to go trial Aug. 6.
The District Attorney’s Office today declined to comment on the move to dismiss the charges.
In Thursday’s filing, Monnat seized on these words from Puetz: “I knew you weren’t 15.” Monnat said that according to testimony, Puetz said those words with a smile when he stepped into a house that was part of an undercover sting operation and saw a 40-some-year-old undercover detective, Jennifer Wright. The sting involved an adult escort ad and the undercover detective saying by phone that she was a 15-year-old selling all kinds of sex.
“Mr. Puetz allegedly called the phone number in the ad, and laughed in surprise and disbelief when the woman who answered in her normal adult voice told him that she was only 15,” Monnat said in the motion to dismiss.
“Once she made this claim, it took eight telephone calls (some of which were initiated by Detective Wright when it appeared that Mr. Puetz was ‘not interested in pursuing something’.” And he said, “I will pass.” It was two hours before Puetz arrived at the sting house on West Kellogg, and he never voiced a desire for underage sex, Monnat argued in the motion.
The motion also said that when Puetz arrived at the house, “he appeared wholly unprepared to have sex of any kind that Detective Wright suggested” — he had only $45 on him and no condom, the motion said. He had other money in his car.
Officers immediately arrested Puetz, and he told a detective he didn’t want to have sex with underage girls, “and he explained that if ‘Marissa’ had in fact been underage, he intended to help her by giving her money, and ‘that’s all he was going to do’ before leaving and going home,” the motion said.
After listening to both sides at Puetz’s preliminary hearing last month, District Judge Ben Burgess said the testimony brought by the prosecution showed probable cause to believe that Puetz was responding to an advertisement that offered sex. Burgess also said that after the undercover detective told Puetz by phone three or four times that she was 15, it’s reasonable for prosecutors to argue that when he showed up at the site of the undercover sting, he expected to have sex with a 15-year-old girl.
Monnat has entered not-guilty pleas on Puetz’s behalf.
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The Wichita Eagle – By Tim PotterMohammad Sarrafizadeh, 67, told police that he saw Ramon Martinez-Limon, the 31-year-old man who was trimming grass in an easement, 50 to 100 feet ahead of him on Greenwich Road near Douglas before he struck him three to five seconds later, chief deputy attorney Aaron Breitenbach said Wednesday afternoon. Sarrafizadeh also told police that he saw Martinez-Limon strike his windshield, Breitenbach said.
Martinez-Limon’s body flew onto the roof of Sarrafizadeh’s van, and the doctor drove home and into his garage. Witnesses tried to stop him, and some followed him to his home.
Sarrafizadeh’s lawyer, Dan Monnat, maintained during the case that the doctor, who surrendered his medical license, suffered a stroke that morning and said that respected physicians “have regarded the evidence and the testing as sufficient to conclude that he had a stroke at the time of the accident and his condition continues to deteriorate.”
But Breitenbach said there were no “scientific facts” to support that. Breitenbach said Sarrafizadeh did suffer what he called a “real” stroke in November, months after the accident.
“We obviously disagree,” Breitenbach said of the district attorney office’s opinion of Sarrafizadeh’s health that day.
Sarrafizadeh was driving his 22-year-old daughter, who is severely mentally disabled, to her special-needs school the morning of the accident, Monnat has said. Police said Martinez-Limon was working near the street when a minivan struck him at about 7:15 a.m. near a Hawker Beechcraft plant entrance. Police arrested Sarrafizadeh the next day.
Sarrafizadeh pleaded no contest to a misdemeanor count of vehicular homicide on Friday. A judge sentenced him immediately to a 12-month suspended jail sentence and a year of non-reporting probation. He also had faced a felony – failure to stop at an accident resulting in death – but prosecutors dropped that charge. Monnat thanked the district attorney’s office for “permitting this simplified final resolution.”
Asked what he meant by that comment, Monnat said his client’s “condition is such that he’s not up to additional litigation. We needed to resolve it for that reason, and the DA worked out a plea agreement with us and permitted him not to contest the misdemeanor case against him.”
Monnat said the doctor plans to move to New York to be with family. Breitenbach and chief district attorney Tom Weilert spoke to the media Wednesday in response to comments Monnat made about the case. Sarrafizadeh “has allowed the court to find that he was responsible” for Martinez-Limon’s death, but the accident, Breitenbach noted, was an “unintentional action on his part.”
Asked if Sarrafizadeh’s sentence was fitting for a case that involved a man’s death, Breitenbach said the district attorney’s office does “look at the circumstances of the defendant.”
Sarrfizadeh did call police that morning, but it was after several people already had and after people had followed him home, Breitenbach. “It was untimely, obviously,” Breitenbach said of the doctor’s call. Sarrafizadeh had the wherewithal to drive home, drive into his garage and go inside his home that morning, Breitenbach said, saying those actions were “inconsistent with” someone who had blacked out. “All that shows a mental process inconsistent with a stroke or stroke-like event,” Breitenbach said.
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The Wichita Eagle – By Deb Gruver and Tim PotterBy Dan Monnat and Paige Nichols, published in
The Champion, December, 2010.
WICHITA, Kan. – For the 24th consecutive year, Dan Monnat, of Monnat & Spurrier, Chartered, has been named to The Best Lawyers in America®. In this 2012 edition, Monnat was selected for inclusion in three fields: criminal defense, white collar criminal defense and appellate defense. The publication bases its selection on a confidential, nationwide peer survey, rating attorneys for professional competency, legal scholarship, pro bono service, and achievement.
By Dan Monnat and Paige Nichols, Journal of the
Kansas Association for Justice, May 2011.
WICHITA, Kan. – Helping raise funds for blood cancer research, Jon McConnell is a finalist for the Leukemia & Lymphoma Society’s Man the Year. The Man & Woman of the Year finalists have kicked off a 10-week fundraising competition to earn the ultimate title of Man & Woman of the Year. Between now and May 5, 2012, each “vote” for Jon is a $1 pledge for LLS, the largest national voluntary health organization dedicated to curing leukemia, lymphoma, Hodgkin’s disease and myeloma. Votes and secure donations can be made at Jon McConnell’s LLS Man of the Year webpage.
Candidates raise funds in honor of the Girl and Boy of the Year, in this case Mikala Hodgens, a 9-year-old with Acute Lymphocytic Leukemia, and Joseph Bacon, a 6 year-old with Acute Lymphoblastic Leukemia.
“Every four minutes, someone new is diagnosed with a blood cancer,” McConnell said. “Fundraisers create hope for a cure, plus generate funds to improve the quality of life of patients and families. I am extremely proud to be helping in this cause and appreciate the support of my friends and colleagues in this effort.”
TOPEKA, Kansas — Where does life begin? It’s a question the Kansas legislature has tackled before, but the question is taking a new route in the abortion debate. “Conception happens and it’s a unique and individual human being,” said Rep. Jim Howell, a sponsor of the proposal. The personhood amendment would change the language in the state constitution “to guarantee rights, and protection to humans from the beginning of biological development, including fertilization.”
“It’s time to address the issues and recognize that we no longer see it as a blob of tissue,” said Margaret Mans with Right To Life forKansas. “It is a unique human being with its own DNA.” The amendment is stirring strong opposition from both sides of the abortion debate. They argue the language is too broad and would create a legal frenzy.
“The anti-choice is divided, I don’t know how they expect the majority of Kansasto get behind it,” said Kari Ann Rinker, State Coordinator forKansasNOW. Because it would be a constitutional amendment, there would have to be an explainer on the ballot. For those in opposition, that language is just as bad as what’s being proposed.
As it’s written, the current federal legal status of preborn humans “would remain that of a class of human being that can intentionally be killed.”
“It basically says if you do not vote for this you are condoning murder,” said Rinker. Supporters argue the main goal here is to challenge Roe v.Wade. That’s an uphill battle for supporters.
“If our legislature adopts this constitutional amendment it is doomed to failure,” said attorney Dan Monnat. Monnat says the language is too vague to be upheld in court. “Does it mean from the formation of the egg? Does it mean from the formation of the sperm? Does it mean from the second the sperm meets the egg?” Monnat questioned.
KSN TV
WICHITA, Kansas (KSN) — New sports facilities at one Wichita high school means some homeowners are being forced out. Some say they will take it to court. “This could have been handled differently,” says John Layton who lives near North High School. “They told us they were going to get the house one way or another.”
Layton is one of ten property owners who have not come to terms with USD 259 on the sale of their homes. The school district wants the homes gone so it can build much needed parking spaces, new athletic fields and make other improvements. “North High sits on a very crowded space,” says USD 259 school board member Lynn Rogers. “Those kids at North High deserve to have decent facilities.”
And with ten homeowners near North High School not selling, the school district is using the power of eminent domain to acquire those homes. The district previously made offers on the properties. No terms were reached. “Fair market value,” says Rogers. “But they are not selling.”
“No. I didn’t even know what it was,” says Layton of the process of eminent domain. “I still don’t quite understand it. Basically, it seems to me it’s a way of kicking people out of their houses.” Which is true, according to legal analysts.
“The power of eminent domain is often a sad hardship on families who have understandable historical and emotional attachments to their homes,” explains legal analyst Dan Monnat. “Eminent domain is an inherent power of any sovereign state or nation Which allows the sovereign to take or confiscate or expropriate property.”
Some school board members say they are hesitant to use that power. “We’ve not used it often,” explains Rogers. “This is only the second time in the ten years that I’ve been on the board.” USD 259 last used the power of eminent domain in 2005. Linwood Elementary was proposed for building and expansion, but some of the property sat on city park property. Park enthusiasts wanted the park land to stay. It ended up in court, and the school won.
“I guess we will see what comes next,” says Layton. “We will talk to our neighbors here and see what they want to do. This could be a fight.”
KSN TV – By Craig Andres
