• 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

  • Feb 19, 2014
  • Monnat & Spurrier

WICHITA, Kan. – Wichita attorney Sal Intagliata, of Monnat & Spurrier, Chartered, has been appointed to serve on the Kansas Judicial Council Criminal Law Advisory Committee.  Intagliata joins fellow lawyers, Judges, law professors and Legislators from across Kansas on the 14-member committee, whose role is to regularly review the Kansas Criminal Code and the Kansas Code of Criminal Procedure.

“The committee provides support to the Kansas Judicial Council in its efforts to review the judicial branch of government, identify areas of potential improvement, and offer the Supreme Court and Legislature recommendations for change,” explains Dan Monnat, President of the firm.  “The role of the Kansas Judicial Council is critical to ensuring our court system remains fair, balanced and current. It’s an honor for members of the legal profession to join the committee, and we are extremely proud of Sal for receiving this coveted appointment.”

Intagliata has been in private practice as a criminal defense attorney for 14 years, defending people accused of all manner and severity level of crimes throughout the State of Kansas in federal, state, and municipal courts.  Intagliata also practiced four years as an Assistant District Attorney with the Sedgwick County District Attorney’s Office, assigned to the Gangs and Violent Crimes Division.

In addition to his work on the Kansas Judicial Council, Intagliata serves on the Board of Governors for the Kansas Association of Criminal Defense Lawyers. He is a past Vice President of the Wichita Bar Association, a past Chair of the Wichita Bar Association Criminal Practice Committee and a current member of that committee.

Intagliata is an Honors Graduate with Distinction from the University of Kansas, earning degrees in both Spanish and political science.  He earned his J.D. from the University of Kansas School of Law in 1995. He is licensed to practice in the State Courts of Kansas, the United States District Court for the District of Kansas, the United States Court of Appeals for the Tenth Circuit and the United States Supreme Court.

Monnat & Spurrier, Chartered, was founded 28 years ago by Monnat and legal scholar Stan Spurrier.  The firm has six attorneys and focuses almost exclusively on criminal defense, white-collar criminal defense, and appellate defense in municipal, state and federal courts.


  • Feb 19, 2014
  • Monnat & Spurrier

WICHITA, Kan. – The American Collegiate Society for Adapted Athletics (ACSAA) has elected Monnat & Spurrier, Chartered attorney Jon McConnell to its Board of Directors. By organizing tournament competitions, ACSAA works with colleges and universities across the country to further competitive athletic opportunities for disabled college students.

ACSAA works frequently with the Intercollegiate Division of the National Wheelchair Basketball Association to sponsor tournaments. This fall, ACSAA will begin sponsoring wheelchair tennis tournaments, as well.

“We work with some amazing young athletes who have as much drive, skill and passion as any able-bodied athletes on any court,” McConnell said. “It’s a privilege for me to be part of this organization and help increase support for adapted athletics in all sports.”

McConnell was recently named among the National Trial Lawyers’ Top 40 Under 40 and is a member of the Wichita Business Journal 40 Under 40 Class of 2013. In addition to his criminal defense work, he is a tireless fundraiser and advocate for community organizations, including:

  • Temple Attorney for the Midian Shrine Temple, which helps raise money to support 22 Shriners Hospitals.

  • Board Member of American Collegiate Society for Adapted Athletics, an organization that furthers competitive athletic opportunities for disabled students at the college level through tournament competitions.

  • Campaign Manager for Austin Henry’s 2013 American Diabetes Association “Father of the Year Campaign”, which raised more than $20,000 for the local chapter of the American Diabetes Association.

  • First Runner-Up for the Leukemia & Lymphoma Society’s Man of the Year 2012, which raised more than $21,000 for the cause.  McConnell organized six large events and a benefit “Rock The Cure” concert to raise money for the organization.

  • Hillside Christian Church, working with the High School Youth and the Property Committee.

“Jon is a gifted attorney who epitomizes tenacity, both as a trial lawyer defending persons accused of crime, and as an advocate for charitable organizations that better our community,” said Dan Monnat, President of Monnat & Spurrier, Chartered. “We are proud of Jon for his legal accomplishments, as well as for his dedication to causes that enrich the lives of others.”

McConnell has both a bachelor’s and a master’s degree in criminal justice from Wichita State University, where he took several opportunities to study abroad.  Through a cooperative program between WSU and the New Scotland Yard, he studied international law in the United Kingdom.  He also studied Spanish and Mexican culture through the WSU Summer Program in Puebla, Mexico.

A graduate of St. Thomas University School of Law in Miami, Fla., McConnell is a former law clerk for the Seventeenth Judicial Circuit Court of Florida in Fort Lauderdale.

McConnell is licensed to practice before the federal and state courts in Kansas.  He is a member of the Wichita Bar Association, Kansas Bar Association and American Bar Association, as well as the Kansas Association of Criminal Defense Attorneys and the National Association of Criminal Defense Attorneys.

Monnat & Spurrier, Chartered, was founded 28 years ago by Monnat and legal scholar Stan Spurrier.  The firm has six attorneys and focuses on criminal defense, white-collar criminal defense, and appellate defense in municipal, state and federal courts.

  • Feb 14, 2014
  • KWCH TV
  • -
  • by Jade DeGood

WICHITA, Kan. – A Sedgwick County judge is deciding whether an independent expert will be allowed in a room for DNA testing in regards to a double-murder.

Tony Bluml, Kisha Schaberg, Drew Ellington and Braden Smith are charged with killing Roger and Melissa Bluml during a robbery attempt in November. The Blumls were found suffering from gunshot wounds. Melissa died that night, Roger passed away from his injuries Dec. 23.

The four face capital murder charges.

The DNA testing has been put on hold because the judge has said there is not enough DNA for a second defense test. During a hearing last month, the judge ordered a video camera to be put in the DNA testing room. But now the judge said cameras are not feasible.

“If the prosecution can’t give the accused the second test that they’re entitled to, then the accused is entitled to the next best thing: An independent expert being present or videotaping of the prosecution’s one-sided test,” said local defense attorney Dan Monnat.

According to Monnat, cross-checking DNA is a tool to protect the innocent.

“It is not too much to ask where an accused individual’s life is on the line,” Monnat said. “If the testing is flawed or misreported, it can just as powerfully convict the innocent.”

Marc Bennett, Sedgwick County District Attorney, said allowing a defense expert in the DNA testing room could set a new precedent for Kansas.

See video at KWCH

KWCH TV – by Jade DeGood

  • Feb 11, 2014
  • KSNW TV
  • -
  • by Brian Miller

WICHITA, Kansas – Terry Loewen, the man accused by federal prosecutors of plotting to set off a car bomb at the Wichita airport, appeared in court Tuesday.

The government is seeking more time to try the case.

It was a brief hearing.

Loewen smiled at his defense attorneys as he entered the courtroom, but the defendant who investigators are calling a domestic terrorist did not speak a word during the 15 minute hearing.

The judge, Kenneth Gale, will allow this case to move forward under the complex classification, an exemption that is usually granted when there are circumstances that will likely force the case to take longer than required by law.

Attorneys for the government told the judge there is a significant amount of evidence that needs to be classified, and it can only be declassified by a high ranking department head in Washington D.C.

The judge wants to see all of the evidence that will be presented in this trial in 30 days, which is the standard deadline in traditional cases, and under normal circumstances the trial needs to be wrapped up in fewer than 70 days.

“Here the government is saying that it conducted such an extensive, intensive, complex sting against this former United States marine and long-time Wichita aircraft worker that it can’t even turn over all of its evidence within 120 days of arraignment,” said Attorney Dan Monnat. “Thus, the case should be called complex, and the government excused from the usual legal deadlines.”

The judge admits the case will take longer than expected and wants a status hearing every 30 days until the trial.

See video at KSN

KSNW TV – by Brian Miller

  • Jan 30, 2014
  • KSNW TV
  • -
  • by Ashley Arnold

WICHITA, Kansas – More Wichita police officers are going to be wearing body cameras.

For years, it has been a case of he-said-she-said at police involved crime scenes, but body cameras can help prove truth.

The city still can’t afford cameras for all its officers but, it will have cameras on 50 of them.

It will cost $18,000 to add 10 more to the police department’s list.

If you ask them, it is money well spent.

“Without the video, what you have sometimes is perceptions, and then it’s a matter of trying to determine what’s real, and what’s truthful, what was perceived and perhaps misunderstood with the video that’s cleared up pretty easily,” said Capt. Rusty Leeds, of the Wichita Police Department.

Legal analysts say the cameras are good for both police and citizens, and officers say it’s especially good for accountability.

“Recording police-citizen encounters generally preserves civil rights. For one thing, it protects police from false claims of police brutality, and it protects the citizen from false claims of confession or a waiver of rights,” said Dan Monnat, KSN Legal Analyst.

“When officers know that they are constantly being filmed, they tend to always maintain their professionalism even when faced with adversarial and hostile citizens,” said Justin Cole, Wichita Police Department.

With buying the technology and maintaining it being so expensive, they don’t know if or when they’ll be able to outfit everyone with more than 600 commissioned police officers.

But officials say what they already have has helped a great deal.

“The video has been useful for that purpose, and it’s also been useful in court from anything from traffic tickets to serious felony crimes.”

Officials say all the video is store safely for privacy reasons.

“Some that don’t relate to any crime, an officer gets sent to a location there ends up being no criminal incident, nothing transpires, those types of videos delete after 90 days, all other video at this point is pretty much being retained indefinitely,” added Capt. Leeds.

See video at KSN

KSNW TV – by Ashley Arnold

  • Jan 24, 2014
  • KSN
  • -
  • by Felix Rodrigues Lima

WICHITA – Police have found the woman who gave birth and surrendered her baby.

The woman was being searched for because she had left the hospital without being cleared to go home.

However, the public release of her photo is drawing fire from supporters of the Safe Haven Law.

Police say that the publicity helped find her so that they could check on her health but others say her picture should never have been in the public eye.

“Anyone that leaves the hospital prior to be medically cleared obviously there is a concern for,” said Lt. Jeff Weible with the Wichita Exploited & Missing Children’s Unit. “That’s why we want to check her welfare, identify her and continue with this investigation.”

The State’s Safe Haven law forbids prosecutors from bringing the woman up on child abandonment charges but the case has drawn fire from national Safe Haven groups upset that police made the woman’s picture public.

“There’s no way a young woman who uses a baby Safe Haven law should ever have her picture, her likeness, her name, even a fake name or any information about her ever put out through public media,” said Mike Morrisey, the founder of the Baby Safe Haven New England group.

However, only 13 states explicitly guarantee anonymity in their Safe Haven statutes and Kansas is not one of them.

“It remains to be seen whether dissemination of the mother’s identity, history and photograph violates any provision of the federal privacy of healthcare records act,” said Dan Monnat, a legal expert.

From 2008 until last September, there have been seven newborns surrendered under the Safe Haven law in Kansas. Only one of those was in Wichita.

Monnat wonders whether the actions in this case will keep other women from using the Safe Haven protections.

“It’s surprising because a provision of anonymity would seem to make it easier for parents to carry out the child protection aspect of the law,” said Monnat.

The other local Safe Haven incident happened at a Wichita police station two years ago.

CLICK HERE FOR THE KANSAS SAFE HAVEN REPORT

KANSAS SAFE HAVEN LAW

Article 22: Revised Kansas Code For Care Of Children

Statute 38-2282: Newborn infant protection act.

(a) This section shall be known and may be cited as the newborn infant protection act.

(b) A parent or other person having lawful custody of an infant which is 45 days old or younger and which has not suffered bodily harm may surrender physical custody of the infant to any employee who is on duty at a fire station, city or county health department or medical care facility as defined by K.S.A. 65-425, and amendments thereto. Such employee shall take physical custody of an infant surrendered pursuant to this section.

(c) As soon as possible after a person takes physical custody of an infant under this section, such person shall notify a local law enforcement agency that the person has taken physical custody of an infant pursuant to this section. Upon receipt of such notice a law enforcement officer from such law enforcement agency shall take custody of the infant as an abandoned child. The law enforcement agency shall deliver the infant to a facility or person designated by the secretary pursuant to K.S.A. 2008 Supp. 38-2232, and amendments thereto.

(d) Any person, city or county or agency thereof or medical care facility taking physical custody of an infant surrendered pursuant to this section shall perform any act necessary to protect the physical health or safety of the infant, and shall be immune from liability for any injury to the infant that may result therefrom.

(e) Upon request, all medical records of the infant shall be made available to the department of social and rehabilitation services and given to the person awarded custody of such infant. The medical facility providing such records shall be immune from liability for such records release.

21-3604. Abandonment of a child.

(a) Abandonment of a child is the leaving of a child under the age of 16 years, in a place where such child may suffer because of neglect, by the parent, guardian or other person to whom the care and custody of such child shall have been entrusted, when done with intent to abandon such child. Abandonment of a child is a severity level 8, person felony.

(b) No parent or other person having lawful custody of an infant shall be prosecuted for a violation of this section, if such parent or person surrenders custody of an infant in the manner provided by K.S.A. 38-15,100, and amendments thereto, and if such infant has not suffered bodily harm.

See video at KSN

KSN – by Felix Rodrigues Lima

  • Jan 21, 2014
  • KAKE TV
  • -
  • by Deb Farris

A teen accused of murder wants statements he made at the time of his arrest thrown out. Attorney Dan Monnat says, “Studies show suspects under the influence of alcohol or drugs have impaired recall and thus are susceptible during interrogation to being fed facts they internalize and then make false confessions…”

See video at KAKE

KAKE TV – by Deb Farris