Online Newspaper Stories  Archive  2004 - 2006

December 2006
 

Kansas City Star  12/28/2006 Kline tries to keep investigation alive

Arkansas City Traveler 12/28/2006  Kline hires special prosecutor
A special prosecutor appointed by outgoing Attorney General Phill Kline to pursue criminal charges against the state's most visible abortion provider isn't likely to last long in that job.

Attorney General-elect Paul Morrison said in a telephone interview Thursday that he's not inclined to have a special prosecutor handle any investigation into Dr. George Tiller, who operates a Wichita clinic and is one of the few doctors in the nation to perform late-term abortions.

But Dan Monnat, a Wichita attorney representing Tiller, said Thursday that the special prosecutor's background shows Kline isn't conducting a fair inquiry.

''I would say no effort was made to find an independent prosecutor,'' Monnat said.
 

The Christian Post 12/24/2006 Charges Against Kan. Abortion Doc Dumped
Kansas' attorney general, a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a Sedgwick County judge on Friday threw out the charges after less than a day.

"We also intend to explore any and all means of holding Kline personally responsible for his malicious actions," Tiller attorney Dan Monnat said.

LA Times 12/23/2006  Kansas judge dismisses abortion charges
The outgoing attorney general's case against a doctor is tossed. 'This is war,' says the head of Kansans for Life.

Hours after the outgoing attorney general of Kansas charged one of the nation's few late-term abortion providers with illegally aborting viable fetuses, a judge dismissed the charges, ruling Friday that the attorney general had overstepped his authority.

Atty. Gen. Phill Kline angrily vowed to get the charges reinstated.

Tiller did not return a call seeking further comment Friday. His attorneys, Lee Thompson and Dan Monnat, described the charges against him as "the last gasp of a defeated and discredited politician."

WorldNetDaily 12/23/2006   Kansas AG: Judge had approved Tiller charges
Kline seeking review of dismissal, cites state law supporting counts.

Two lawyers representing Tiller, Lee Thompson and Dan Monnat, held a news conference to confirm the charges, describing them as "technical" violations of Kansas reporting laws. Thompson would not confirm the number of counts, answering only that the case involved a "number of misdemeanors involving a number of patients."

International Herald Tribune, France 12/22/2006 Kansas attorney general files criminal charges against abortion provider, but judge rejects them
Kansas' attorney general (Phill Kline), a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a judge on Friday threw out the charges after less than a day.

Guardian Unlimited, UK  12/22/2006 Charges Against Kan. Abortion Doc Dumped
Kansas' attorney general, a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a Sedgwick County judge on Friday threw out the charges after less than a day. 

Kline accused Tiller of improperly finding that some patients' mental health would be seriously harmed if they did not have abortions. Also, Tiller attorney Dan Monnat said, Kline accused Tiller of ``hypertechnical'' violations of a law requiring reports on late-term abortions to the state.

Kansas City Star 12/22/2006 Attorney: Kline files charges against Wichita doctor
Recently defeated Attorney General Phill Kline, a vocal opponent of abortion, has filed criminal charges against Wichita-based physician and abortion provider Dr. George Tiller, Tiller’s attorney said today.

Attorney Dan Monnat did not identify the charges, and officials in Kline’s office have not returned calls seeking comment. Monnat was scheduled to discuss the charges at a news conference scheduled for 11:15 a.m. in Wichita.

Monnat’s statement follows a report by Wichita television station KAKE, citing unnamed sources that Kline was seen Thursday at the Sedgwick County Courthouse.

The State.com, S.C. 12/22/2006 Judge dismisses charges against abortion provider
Kansas Attorney General Phill Kline overstepped his authority by filing criminal charges against Wichita abortion provider George Tiller, a Sedgwick County district judge ruled Friday.

Judge Paul Clark granted District Attorney Nola Foulston's request to drop 30 misdemeanor charges against Tiller, after she argued Kline did not have jurisdiction in the case.

Kline's complaint, filed Thursday afternoon and signed by Judge Eric Yost, accused Tiller of performing 15 illegal late-term abortions and not properly reporting those procedures to state health officials.

Dan Monnat, a criminal defense lawyer who represents Tiller, told The Eagle: "You can see each primary count is Phill Kline's disagreement with the notion that a woman's mental health can be considered in a abortion determination. And each secondary count is some hypertechical bizarre view of the state's reporting requirement."

Monnat said he and Thompson, a former federal prosecutor, had contemplated the legality of Kline's dealings with the Sedgwick County District Court but had not discussed the matter with Foulston.

"Really, there were multiple legal grounds on which to get this dismissed," Monnat said. "Factually, Dr. Tiller is innocent of any wrongdoing, so a motion to dismiss should be granted on that basis. Nola has now found the legal flaw in the attorney general's parting action, which resulted in an expeditious dismissal."

November 2006

Hutchinson News 11/20/06 Suspect couple plead innocent to murder charges  
Among other things, they questioned whether it would have been possible for the Floyds to have killed Golub given the distance between their home and the various points in Stanton and Kearny counties where Golub was sighted the afternoon of May 20. More broadly, Monnat blasted the case against the Floyds as "inference upon inference upon inference" and said the prosecutorial theory "goes all over the place."

Garden City Telegram 11/18/06  Trial date set in murder case
Chad and Shannon Floyd posted $1 million bond apiece in July 2006 after it was reduced from $2 million by District Judge Nels Noel, who agreed with Monnat that the couple posed no flight risk. Chad and Shannon Floyd were arrested in separate states on June 22.

Kansas City Star 11/07/2006 O’Reilly comments spark call for inquiry
Abortion clinics targeted by Attorney General Phill Kline asked the Kansas Supreme Court on Monday to investigate the possible leak of private medical information to Bill O’Reilly.

Monday night Kline held an election-eve news conference in front of the Wichita abortion clinic operated by George Tiller. Kline said it’s hypocritical of Tiller to accuse him of violating patient privacy. Tiller’s clinic has used its patient information for fundraising, Kline said.

Tiller’s lawyer, Dan Monnat, said Tiller didn’t give out information for fundraising. He said Kline was referring to a posting on the clinic’s Web site more than a year ago that was “boiler-plate language used by many institutions” to comply with federal health-care privacy laws.

Kansas City Star 11/04/2006 Clinics to seek prosecutor to investigate Kline, Fox host

An abortion doctor will ask the Kansas Supreme Court to investigate Attorney General Phill Kline and Bill O'Reilly over the Fox television host's comments that he obtained information from Kansas abortion records, the doctor's attorneys said Saturday.

The attorneys said Dr. George Tiller wants the court to appoint a special prosecutor to handle the investigation and take possession of the records of 90 patients from two clinics, including Tiller's. They said he will make his requests Monday.

Tiller's attorneys, Pedro Irigonegaray, of Topeka, and Lee Thompson and Dan Monnat, of Wichita, issued a joint statement decrying the "national media event."

"The fears about threats to the sanctity and privacy of medical records were well-grounded," they said.

O'Reilly did not say whether his information came from the records of 90 patients from Tiller's clinic and a clinic operated in Overland Park by Planned Parenthood of Kansas and Mid-Missouri. Kline waged a two-year battle to obtain those records and received edited versions of them Oct. 24.

September 2006

Concordia Blade-Empire 9/8/2006 Sprung makes appearance in district court
Bryan Sprung, 48, Miltonvale, made an appearance Wednesday in Cloud County District Court for his preliminary hearing. After hearing testimony for most of the day, District Court Judge Guy Steier recessed the proceedings until October 5. Sprung is charged with two counts of aggravated indecent liberties with a child, aggravated sodomy, and criminal threat. During cross examination, Sprung’s attorney, Dan Monnat, questioned the mother on specific dates of the alleged incidents. She was unable to cite specific dates, other than the one in April.

July 2006

Kansas City Star 7/26/2006 Immigration lawyer in court on federal charges
A disbarred attorney and his wife, who used to serve immigrants in southwest Kansas, face federal charges for allegedly filing forged documents with U.S. authorities. Phillips, 62, is now free on $10,000 bond and a new court date has not been set. His lawyer, Dan Monnat, said Phillips is back in Wichita and will "vigorously" defend himself against the charges.
The above Kansas City Star article is also found in the following newspapers:

http://cjonline.com/stories/072706/kan_immlawyer.shtml

http://www.hutchnews.com/news/regional/stories/lawyer072606.shtml

May 2006

Kansas City Star  5/31/2006 1,300 swabs from BTK case burned
Wichita lawyer Dan Monnat, whose firm represents a man who was forced by a court order to give a DNA sample in the BTK investigation, said he was leery of the process.

"I think any time law enforcement officers show up at your doorstep and forcibly or unforcibly obtain bodily fluids from you, there's some invasion of privacy," he said.
The above Wichita Eagle article is also found in the following newspapers:

The San Louis Obispo Tribune 5/31/2006 1,300 swabs from BTK case burned

The Centre Daily (PA) 5/31/2006 1,300 swabs from BTK case burned

The Charlotte Observer 5/31/2006 1,300 swabs from BTK case burned

April 2006
St. Louis Post-Dispatch 04/05/2006 SNAP asks Blunt to investigate centers for abusive priests
Larson, 76, will report to parole officers in Missouri. At the Vianney center, he will receive treatment similar to that provided to sexual predators at the prison where he was housed outside of Larned, Kan., a spokesman for Kansas Attorney General Phill Kline said. Larson's attorney, Dan Monnat, said his client will not be able to leave the center without strict supervision.
The above Associated Press article is also found in the following newspaper:
Kansas City Star 04/05/2006 Blunt asked to investigate centers for abusive priests

St. Louis Post-Dispatch  04/04/2006 Abusive priest to be housed at Missouri facility
Robert Larson was released from Lansing Correctional Facility last week. His attorney reached an agreement Monday with Attorney General Phill Kline to permanently house him at the St. John Vianney Renewal Center near Dittmer, Mo.
"This agreement does much to prevent his re-offending," Kline said. Larson's attorney, Dan Monnat, said his client will not be able to leave the St. John Vianney facility without strict supervision to ensure he has no contact with minors. "This settlement appropriately addresses public safety concerns while also being considerate of the needs of a 76-year-old man who has served his time," Monnat said.
The above Associated Press article is also found in the following newspapers:
Kansas City Star 04/04/2006 Abusive priest to be housed at Missouri facility
Belleville News-Democrat (IL) 04/04/2006 Abusive priest to be housed at Missouri facility
Topeka Capital Journal 04/04/2006 Ex-priest to be housed at Missouri facility

March 2006

Kansas City Star 3/25/2006 State wants ex-priest kept in custody
When a former Catholic priest admitted he molested altar boys in the 1980s, the state agreed it would not try to confine him once he had served his time. Now that 76-year-old Robert Larson is nearing release, Kansas Attorney General Phill Kline is moving to keep him in custody as a sexual predator. Larson was scheduled for release from the Lansing state prison next week, on Wednesday. But Kline arranged with the former priest’s attorney, Dan Monnat, to have him remain in custody until the sexual-predator petition is decided. To keep Larson in indefinite custody, the state must prove not only that the plea agreement was invalid, but also that Larson is not stable enough to return to society and needs further treatment.

Topeka Capital-Journal 3/24/06 Kline seeks to keep ex-priest in custody
Larson had been scheduled for release from the Lansing state prison on March 29, but Kline arranged with the former priest’s lawyer, Dan Monnat, to have him remain in state custody until the sexual predator petition is decided. “After all, 76-year-old Robert Larson has not committed an offense in at least 18 years, has been through extensive treatment at a renowned treatment facility and has been a model prisoner for five years,” Monnat said.

September 2005
CourtTV  9/26/2005  Police mistake sunflowers for pot plant in mayor's back yard
The police thought they'd found marijuana plants growing in a former mayor's back yard. They took pictures, got a search warrant and went back for a closer look. They found sunflowers. Harold and Carolyn Smith had grown the plants from seeds given to them by their son, a wildlife biologist. Kansas is known as the Sunflower State — which made the error even more baffling, the Smiths' attorney said.

Chicago Sun Times 9/22/2005   Marijuana probe a big boo-boo for cops
"That plant on our state flag is not a marijuana plant, but a sunflower,'' said attorney Dan Monnat. During the search, Monnat said, at least 10 officers went through the Smiths' house, checking drawers and closets and videotaping everything.  The couple is wondering how such a mistake could happen. "These are very community-oriented people who have been active in their community affairs for years,'' Monnat said.

Ark Valley News 9/22/2005 Drug raid fallout
A longtime Bel Aire resident has presented a petition calling for the police chief’s dismissal, and the mayor has launched an investigation of what went wrong when police raided a couple’s home searching for marijuana and instead found sunflowers growing in the back yard.

AZCentral 9/21/2005 Marijuana raid turns out to be sunflower bust
The police thought they'd found marijuana plants growing in a former mayor's back yard. They took pictures, got a search warrant and went back for a closer look. They found sunflowers.

Kansas City Star 9/17/2005 Bel Aire police mistake sunflower plants for marijuana
The police thought they'd found marijuana plants growing in a former mayor's back yard, where his wife sometimes entertains members of the senior citizens' group she leads. Officers took pictures. They showed them to an assistant district attorney, who took a search warrant application to a judge, who signed it. And when police in this Wichita suburb went back to Harold and Carolyn Smith's house for a closer look, they found ... sunflowers. "That plant on our state flag is not a marijuana plant, but a sunflower," said the attorney, Dan Monnat, of Wichita.

July 2005

Kansas City Star 7/20/2005 Former suspect wants search warrant materials
A Wichita man who wrongly came under suspicion in the BTK serial killings has renewed his efforts to find out why he was fingered in the case. Roger Valadez wants the court to order prosecutors to disclose to him and his lawyer any affidavits or other documents and testimony leading to the Dec. 1, 2004, search warrants for his DNA and his home. Valadez's attorney, Dan Monnat, said his client wonders why a guilty Dennis Rader appears to have more rights than an innocent Roger Valadez.

Topeka Capitol Journal 7/20/2005 Former BTK suspect wants information
Roger Valadez wants the court to order prosecutors to disclose to him and his attorney any affidavits or other documents and testimony leading to the Dec. 1, 2004, search warrants for his DNA and his home. Valadez's attorney, Dan Monnat, said his client wonders why a guilty Dennis Rader appears to have more rights than an innocent Roger Valadez. "Roger Valadez has now waited eight months to be given some reason why law enforcement officers were in his house and in his mouth," Monnat said. "Every night he must wonder what the night has in store for him after a horrific experience like that."

Winfield Courier  7/13/2005 Murder charges let prosecutor develop theory
Dan Monnat, a Wichita defense attorney with 29 years of experience, said charges like those Smith filed are common, especially in cases with multiple defendants. An alternative charge like felony murder in commission of a dangerous felony can keep one defendant from simply blaming the crime on the other.  An alternative charge that a suspect killed a person in commission of an inherently dangerous felony can be “much harder to defend against,” Monnat said. Hypothetically, a robber whose accomplice is shot by a clerk at a store can be held responsible for the death of the accomplice. “The prosecution doesn’t have the burden of proving intent or premeditation,” he said. “It is sort of like vicarious liability.”

June 2005

Washington Post 6/26/2005 BTK Suspect's Murder Trial Set to Begin
Aside from an early routine defense motion for discovery of evidence, the court record on the case against BTK suspect Dennis Rader has been unusually silent. None of the typical defense strategies have been filed, said Jim Pratt, a Wichita criminal defense attorney who has watched the case.

Fort Wayne Sentinel  6/22/2005 BTK suspect's trial still set, but jury isn't
No special requests for jury questionnaires or summons have been filed. Observers are puzzled.  "The talk around the courthouse is that nobody knows what's going on in this case," said Jim Pratt, a Wichita criminal defense lawyer. "There have been none of the usual motions filed. There's been no jury questionnaire. I tried a much smaller case in another county and I got a 10-page jury questionnaire."

May 2005

Kansas City Star 5/01/2005 BTK suspect to be arraigned Tuesday on 10 murder charges 
Some 31 years after the first killings that began a reign of terror in this Midwest city, the man accused of being the BTK strangler is expected to plead "not guilty" at his arraignment. Criminal defense attorney Dan Monnat said defendants usually plead not guilty at their arraignments. Guilty pleas are more formally arranged with the court because as a practical matter, more questions have to be asked by the court if the intended plea is guilty. "For instance, the court needs to satisfy itself that any plea of guilty is knowingly, intelligently and voluntarily entered with a full knowledge of the consequence," Monnat said.

April 2005

Lawrence Journal World 4/30/2005 Wrongly accused's DNA to be cut from database
Wichita — A man once wrongly under suspicion for the BTK serial killings won a round in court Friday when a judge ordered his DNA profile purged from authorities' databases and his remaining sample returned. Valadez's genetic sample, taken as police searched his home, was one of 1,300 tested during the BTK serial killings investigation. It was one of the biggest DNA sweeps ever in the United States, although most samples were voluntarily given. "Today's ruling should be encouraging to other individuals whose DNA was confiscated," said Dan Monnat, attorney for Valadez. "For one thing, it recognizes the individual's right to that DNA sample and profile and recognizes the individual's right to in essence have it returned."

Kansas City Star 4/17/2005  BTK suspect preliminary hearing set for Tuesday If all goes as anticipated Tuesday, Dennis Rader and the rest of the world will learn why he's accused of being one of the nation's most notorious serial killers.  "As I see it, the two choices might be to plead guilty as charged or go to trial," said Monnat, a former officer for the National Association of Criminal Defense Lawyers. "If you're going to trial, I wouldn't see why you wouldn't have a preliminary hearing."

March 2005

Kansas City Star 3/15/2005 Wichita man seeks destruction of his DNA profile   Turns out, that swab proved Valadez wasn't the notorious BTK.  Now he wants it destroyed, and he wants some answers about why they took it in the first place.

February 2005

Topeka Capitol Journal 2/25/2005  Kline defends abortion query
Medical records sought in child sex probe, A.G. says. Tiller's attorney issued a statement Thursday saying Kansas law requires doctors to disclose suspected abuse while also preserving patients' privacy. The statement didn't say if Tiller had been subpoenaed as part of Kline's investigation, and attorney Dan Monnat said the doctor wasn't specifically addressing that matter.

Lawrence Journal-World 2/23/05 Doctor subpoenaed, but not under investigation   Daniel Monnat, a Wichita attorney representing Tiller, issued a statement that Tiller "received a routine subpoena from the state of Texas for the examination of medical records and items related to an investigation in Texas which is not directed at Dr. Tiller.

December 2004

Columbia Daily Tribune 12/16/04  Pell Grant raised suspicion  
Clemons inquiry concluded without charges.