• Nov 15, 2011
  • KSN TV
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  • by Craig Andres

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.”

See video at KSN

KSN TV – By Craig Andres

  • Nov 07, 2011
  • The Wichita Eagle
  • -
  • by Tim Potter
 A Garden Plain teacher and football coach appeared in court Monday to face three sex-related charges following what police described as a sting operation.
 

According to court documents filed last week, Todd Puetz, 39, is charged with electronic solicitation, attempted aggravated indecent liberties with a child and attempted criminal sodomy. All three of the charges are felonies that occurred on or about Oct. 22, court documents say.

Puetz has taught physical education and health and has been a highly successful coach of the Garden Plain High School football team.

The solicitation charge accuses him of using an electronic communication to try to “entice or solicit” someone he thought was 14 or 15 “to commit or submit to an unlawful sex act.”

The second charge accuses him of trying to meet with a “child believed to be 15” to commit aggravated indecent liberties. The third charge accuses him of trying meet with a “child believed to 15” to commit criminal sodomy.

Puetz made his first appearance in Sedgwick County District Court on Monday morning with his attorney Dan Monnat.

Puetz was one of seven men arrested in late October after being suspected of communicating electronically with someone they thought was an underage girl, according to police and records. The communication was of a sexual nature, police said.

Police said that six of the seven men tried to meet with someone they thought was an underage girl for sex, but have not said which men. The special operation came in response to a surge in human trafficking cases in Wichita over the past couple of years, police said. The two-day sting operation involved the FBI, the Internet Crimes Against Children task force, the Wichita-Sedgwick County Exploited and Missing Child Unit, Wichita police and Sedgwick County sheriff’s officers.

After Monday’s court appearance, Monnat, Puetz’s defense attorney, gave this statement: “The charges today show why it is critical for the public to continue to honor the presumption of innocence that Todd Puetz is entitled to. Two weeks ago, according to publicity generated by law enforcement, Coach Puetz was accused of some kind of human trafficking or human slavery said to maybe even merit federal prosecution. That accusation has now disappeared altogether.

“Today, the coach is accused of something completely different. We intend to fully investigate these new charges as well, and if necessary, take them to a jury trial until Coach Puetz is found not guilty.”

Puetz remains on administrative leave with pay and is suspended from activities, school district superintendent Tracy Bourne said Monday. The district will gather information about the charges before deciding whether Puetz’s status should change, Bourne said.

Puetz has been released on a $50,000 bond. He faces a hearing Nov. 21.

Read Article on Kansas.com

The Wichita Eagle – By Tim Potter
  • Oct 28, 2011
  • The Wichita Eagle
  • -
  • by Tim Potter
 

An attorney for Garden Plain High School football coach Todd Puetz — arrested this past weekend in a human trafficking sting —  defended his client in a statement Thursday.

“Todd Puetz is absolutely entitled to the presumption of innocence. He has been a pillar of his community as a coach, teacher, husband and father of seven children,” said Dan Monnat, whose Wichita law firm, Monnat and Spurrier, is  representing Puetz.

“We respectfully request that the public withhold any judgment of Coach Puetz while we continue to investigate this accusation,” Monnat said.

Authorities have decided to pursue charges in the case in state district court, and investigators met Thursday and plan to meet Friday with prosecutors, Wichita police Capt. Brent Allred said. Charges could be filed as early as Monday,  Allred said.

On Oct. 24, Allred announced that investigators arrested seven men over the weekend. One of them, according to records, was Puetz, 39, a longtime and highly successful football coach at Garden Plain. The school district superintendent has  said, without naming the person, that a Garden Plain High School teacher and coach has been put on administrative leave with pay and has been suspended from all duties following an arrest.

All of the seven men who were arrested communicated electronically with someone they thought was an underage girl, and the contents were of a sexual nature, Allred said. Six of the seven men attempted to meet with a girl for sex, Allred  said, without elaborating.

Allred said Monday that four other people were under investigation and could be arrested later. As of Thursday, no other arrests had been made, he said.

The two-day sting operation involved the FBI, the Internet Crimes Against Children task force, the Wichita-Sedgwick County Exploited and Missing Child Unit, Wichita police and Sedgwick County sheriff’s officers.

Read Article on Kansas.com

The Wichita Eagle – By Tim Potter
  • Oct 28, 2011
  • Monnat & Spurrier

WICHITA, Kan. – “Best Law Firms” – a listing produced by U.S. News & World Report and Best Lawyers – has awarded Monnat & Spurrier, Chartered with metropolitan first-tier rankings in two practice areas: Criminal Defense: Non-White-Collar; and Criminal Defense: White-Collar Litigation. “Best Law Firms” is the latest in U.S. News’ series of consumer guides that include rankings of hospitals, colleges, graduate schools, and more. U.S. News teamed with Best Lawyers, the oldest peer-review publication in the legal profession, to rank each practice area by tiers. 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.

  • Oct 27, 2011
  • KWCH TV
  • -
  • by Denise Hnytka

Renwick School District Superintendent Tracy Bourne says the focus this week is on the students at Garden Plain High School. Bourne says they’re trying to get back to normal after the arrest of a long time teacher and coach. “We really need the coaches and kids to rally around each other right now,” Bourne said in an interview Monday.

Todd Puetz was hired as a teacher by the district in 1996. In 2001, he became head football coach at Garden Plain High School. Last weekend he was arrested, as police say he tried to meet an underage girl for sex. Puetz’s attorney is Dan Monnat. “Todd Puetz is absolutely entitled to the presumption of innocence. He has long been a highly respected member of his community, as a teacher, coach, husband, and father of seven children,” Monnat said. “We ask the public hold their judgement while we continue our investigation in to these accusations.”

No formal charges have been filed against Puetz. He’s been placed on administrative leave with pay while the investigation is ongoing. Six other men were arrested this week, along with Puetz. The two-day sting operation involved the FBI and local law enforcement.

Garden Plain’s football team plays Halstead tonight. The lead assistant, Greg Gegan, is stepping in as head coach.

Read Article on KWCH.com

KWCH TV – By Denise Hnytka

  • Oct 24, 2011
  • Kansas CW TV
  • -
  • by Rebecca White

Dr. Mohammad Sarrafizadeh made his first appearance in court Wednesday on charges from a deadly accident in June.  Police say Sarrafizadeh hit and killed landscaper Ramon Martinez-Limon with his car.  They say he didn’t stop after the accident, drove home and then discovered the victim on the roof of his vehicle.

67-year-old Sarrafizadeh was charged with failure to stop at an accident and vehicular homicide.  The first charge is a felony and the other is a misdemeanor. Sarrafizadeh could potentially face up to 12 months in jail for the misdemeanor and between five and seven months with presumed probation for the felony.  His next court appearance is scheduled for November 23rd.

Attorneys for Sarrafizadeh say he had a stroke which caused the accident, and left him confused. Dan Monnat and Sal Intagliata of Monnat & Spurrier, lawyers for Dr. Sarrafizadeh, released the following statement last month:

“The sincere condolences and prayers of Dr. Sarrafizadeh and his family go out to the family of Mr. Martinez-Limon. This was a tragic accident. Dr. Sarrafizadeh is a highly respected physician who, that morning, was taking his autistic, severely mentally disabled 22 year old daughter to her special needs school, just like he did every day.


“This day however he suffered a form of stroke that caused the accident.  The medical evidence and testing of four independent Kansas doctors now clearly establish that. The condition left Dr. Sarrafizadeh so disoriented and confused that he turned around and drove home not even realizing he had been involved in an accident. Dr. Sarrafizadeh’s condition has left him unable to continue to practice his medical specialty and he has thus officially retired from his position with the Veteran’s Hospital.”

Make no mistake: Dr. Sarrafizadeh has every intention of proceeding to jury trial until his innocence is clear and he is found not guilty of the charges filed.  Dr. Sarrafizadeh did not consciously drive in an unsafe manner.  He suffered a medical condition that caused the accident.  It rendered him incapable of even understanding that an accident had occurred. Otherwise, as he has done with veterans and others his whole life, Dr. Sarrafizadeh would have done everything possible to render immediate aid to Mr. Martinez-Limon.

Beyond the above statement, Dr. Sarrafizadeh and his attorneys have no further comment at this time.”

See video on KSCW.com

Kansas CW TV – By Rebecca White

  • Oct 24, 2011
  • The Wichita Eagle / Kansas.com
  • -
  • by Ron Sylvester

WICHITA — A deadly traffic accident resulting in the arrest of a Wichita doctor was caused by a stroke, the physician’s lawyer said today.

Mohammad Sarrafizadeh, 67, had been arrested the day after his car struck and killed 31-year-old lawn service worker Ramon Martinez-Limon the morning of June 10. Circumstances surrounding the death shocked the community, after police said the doctor apparently drove for three miles with the man’s body on top of his van after crashing into him on Greenwich Road near Douglas.

Today, Wichita lawyer Dan Monnat, who represents Sarrafizadeh, said the stroke left the doctor unaware an accident had occurred.

“The medical evidence and testing of four independent Kansas doctors now clearly establish that,” Monnat said in a statement released by his office. “The condition left Dr. Sarrafizadeh so disoriented and confused that he turned around and drove home not even realizing he had been involved in an accident.”

Sarrafizdeh had been driving his 22-year-old daughter, who is severely disabled, to her special needs school the morning of the accident, Monnat said. The stroke also forced the radiologist to retire his position at the VA Medical Center.

“Dr. Sarrafizadeh did not consciously drive in an unsafe manner,” Monnat said. “He suffered a medical condition that caused the accident.  It rendered him incapable of even understanding that an accident had occurred. Otherwise, as he has done with veterans and others his whole life, Dr. Sarrafizadeh would have done everything possible to render immediate aid to Mr. Martinez-Limon.”

A spokeswoman with the Sedgwick County District Attorney’s office said formal charges against the doctor had not yet been filed.

Last June, police said Martinez-Limon had been working near the street when a minivan struck him on Greenwich Road near Douglas around 7:15 a.m. that Friday near a Hawker Beechcraft plant entrance. Martinez-Limon was apparently thrown onto the roof of the vehicle. Witnesses saw the minivan driving with the victim on the roof and called 911, police said, adding that someone followed the vehicle to Sarrafizdeh’s house in the 1500 block of North Krug, near 13th and 127th Street East.

“The sincere condolences and prayers of Dr. Sarrafizadeh and his family go out to the family of Mr. Martinez-Limon,” Monnat said. “This was a tragic accident.”

Read Article on Kansas.com

The Wichita Eagle / Kansas.com
BY RON SYLVESTER

  • Oct 21, 2011
  • Monnat & Spurrier

WICHITA, Kan. – Best Lawyers, the oldest peer-review publication in the legal profession, has named Dan Monnat, of Monnat & Spurrier, Chartered, as the “Wichita Best Lawyers Criminal Defense: White-Collar Lawyer of the Year” for 2012. In each major market, only one lawyer in each high-profile legal specialty is honored as the Best Lawyers “Lawyer of the Year.”

Best Lawyers compiles its lists of outstanding attorneys by conducting lengthy peer-review surveys in which lawyers confidentially evaluate their professional peers for legal ability, integrity, pro bono service and achievement. The lawyers honored as “Lawyers of the Year” received particularly high ratings in the surveys. In addition to his Lawyer of the Year designation for Criminal Defense: White-Collar, Monnat was also recognized in the fields of criminal defense and appellate defense.

  • Oct 06, 2011
  • KSN TV

A Kansas man has sued Facebook, claiming the social media company violated wiretap laws with a tracking cookie that records users’ web browsing history after they log off the site.  According to KSN Legal Expert Dan Monnat, “the plaintiffs in this case are likely to have an uphill battle…”

See video at KSN

KSN TV

  • Sep 30, 2011
  • KSN TV

A former Dodge City police officer will receive a new trial on charges that he shot and killed his ex-girlfriend. Christopher Tahah was convicted of felony murder, for the May 4, 2007 shooting death of Erin Jones. Tahah admitted he went to her home to kill her in a jealous rage but claims he reconsidered at the last minute before his rifle went off accidentally.

The Kansas Supreme Court ruled Friday that the jury should have been told to consider lesser offenses including second degree murder and involuntary manslaughter. They based their decision off of a July Kansas Supreme Court ruling that now forces prosecutors in felony murder cases to allow the jury to consider lesser offenses in deliberations.

“That means even though the theory is felony murder, if there’s evidence to suggest a lesser degree of homicide than the jury must consider that lesser crime,” said KSN legal analyst Dan Monnat.

The case now goes back to the Ford County Attorney.

See video at KSN

KSN TV