A Sedgwick County district judge
heard arguments Friday over whether authorities should turn over a
document that explains why police searched a Wichita man's home in
December as part of the BTK investigation.Roger Valadez was cleared
of being a BTK suspect days after police rushed into his home,
searched his house and took a DNA swab from him against his will, his
lawyer says. But five months later, Valadez still doesn't know how
authorities justified the search warrant.
In a sometimes tense and impassioned hearing before District Judge
Greg Waller, Valadez's lawyer, Dan Monnat,
contended that it is his client's right to know why police -- acting
on a tip in the serial-murder case -- suspected him and searched his
home.
It's not clear when Waller will rule on the affidavit.
Dennis Rader, a 60-year-old Park City man, has since been charged
with 10 counts of murder in the BTK case.
Monnat called the police search
a "home invasion" and said information in the affidavit could be used
in a lawsuit seeking damages.
But Kevin O'Connor, a deputy district attorney, argued that
releasing the affidavit would disclose information that could
interfere with the pending case against Rader. He didn't elaborate.
O'Connor also contended that releasing the affidavit, which would
disclose the identity of a tipster or informants, would have a
chilling effect on others who provide information to authorities.
Monnat said Valadez poses no
threat to any tipster. Knowing the identity of the tipster is
important to any challenge against police, he said.
During Friday's hearing, Waller granted Valadez's request that his
DNA be purged from any state databases and sample repositories.
But the main point of contention in Waller's courtroom Friday was
the affidavit, or oral testimony, used to justify the search.
Monnat filed a motion seeking the
information in early March, after Waller signed a seal on search
warrants involving Valadez. Prosecutors said the seal was sought to
protect informants and privacy interests.
Police said they went to the home to follow up on a tip they had
received in the BTK investigation. Police arrested Valadez on an
unrelated misdemeanor trespassing warrant.
Monnat argued that state law
says Valadez is entitled to see the affidavit.
"Mr. Valadez can think of no reason on Earth" why someone would
suspect him in the BTK case, Monnat
said.
"The power of the state to break down doors and raid homes is an
awesome power," Monnat said.
When O'Connor stepped up to address Waller, he dismissed the "scary
words by Mr. Monnat." O'Connor
said the search was legally executed.
The affidavit, he said, is not in the public interest and should
remain confidential, to protect informants. If the information were
released to Monnat, O'Connor
implied, it could be released to others, including media covering the
issue.
Valadez initially came under intense media scrutiny. Within hours
of his arrest, and before he had been cleared, his name and address
were aired in some media accounts.
He has a pending privacy lawsuit against KSN-TV, Channel 3.