Online Newspaper Stories  Archive  2007

November, 2007

Kansas City Star  November 30, 2007
Justices step aside, allowing grand juries to investigate abortions in Sedgwick, Johnson counties

TOPEKA, Kan. - The Kansas Supreme Court has ruled that a Sedgwick County grand jury investigation into a doctor who performs late-term abortions can go forward.

The ruling, issued Thursday, dismissed a petition filed last month by Dr. George Tiller, one of the nation's few physicians who performs late-term abortions. He challenged the legality of the grand jury proceedings.

The grand jury investigation in Wichita, like one started in Johnson County looking into Planned Parenthood of Kansas and Mid-Missouri, was created by a citizen petition drive led by abortion foes.

Kansas is one of only six states that permits citizens to petition to create a grand jury.

Abortion foes hailed the ruling. Tiller's attorneys, Lee Thompson and Dan Monnat, said in a statement issued Thursday that the petition drive was politically motivated.

"It's been repeatedly determined that Dr. Tiller is innocent of any wrongdoing and we just regret that taxpayers' dollars are now going to have to be spent to enable this grand jury to move forward," they said.
 

September 2007

 Los Angeles Times September 17, 2007 For Kansas abortion doctor, pressure mounts
By Stephanie Simon, Los Angeles Times Staff Writer

Antiabortion activists pray and picket outside Dr. George Tiller’s Wichita clinic. “This is the beginning of the end for Tiller,” says Operation Rescue President Troy Newman. George Tiller is to be tried on 19 counts of failing to get an independent second opinion in late-term procedures. And activists aim to force an inquiry by a grand jury.

Tiller attorney Dan Monnat said "there was nothing illegal in the relationship" between the two physicians. Monnat has filed a brief contesting the requirement for a second opinion. The U.S. Supreme Court and federal appeals courts have repeatedly struck down such requirements as infringing on a physician's right to practice medicine.

HutchNews.com  September 9, 2007    Buhler man sentenced to five years for molesting girl
A Buhler man accused of molesting a young girl over a period of four years received a five-year prison sentence Friday.

Brian E. Brown pleaded no contest in June to one count of aggravated indecent liberties with a child under the age of 14, four counts of aggravated indecent solicitation of a child, and aggravated intimidation of a victim.

In exchange for the plea, prosecutors dropped counts of rape and aggravated indecent liberties with a child and two counts of aggravated indecent solicitation of a child, shielding Brown from the penalties of Jessica's Law, which requires a mandatory sentence of life.

The sexual abuse reportedly took place between 2002 and 2006.

Brown's attorney, James Pratt, asked Reno County District Judge Joe McCarville to depart from sentencing guidelines and grant Brown probation or community corrections. Pratt said there was "residual doubt" in the case, and said he believes his client to be innocent. He pointed out the victim's mother requested Brown receive probation.

District Attorney Keith Schroeder, noting the defendant had already pleaded no contest and been found guilty of the charges, asked McCarville to impose the maximum sentence of about 10 years by running sentences for each crime consecutively.

"No matter what I do here, there's still going to be a lot of pain," McCarville said. "There's nothing I can do to stop that."

Although Brown has no prior felonies, the support of family and friends, a consistent employment history, and is still supporting his children, doesn't mean the charges aren't true, McCarville said.

"Many perpetrators personify the pillar-of-community type of person," he said. "The movie stereotypes of sex offenders are not what we usually see."

McCarville denied the request for probation, but also denied the prosecutors request for consecutive sentences, handing Brown the five years.

Defense attorneys argued that the Floyds would not be able to commit the crimes in the time frame available and suggested several alternative explanations for Golub's disappearance. The case began on July 12 after three days of jury selection.

The Garden City Telegram  July 28, 2007 Families, court prepare for next phase
JOHNSON CITY -- Tear-filled eyes and nervous chatter filled the courtroom of the Stanton County District Courthouse Friday as families waited anxiously to hear the fate of husband and wife Chad and Shannon Floyd. The Floyds are accused of first-degree murder and conspiracy to commit first-degree murder in the alleged killing of 27-year-old Michael Golub, Shannon Floyd's ex-boyfriend, in May 2005. Golub disappeared May 20, 2005, on his way to pick up his son, Mikey, who he had with Shannon.

Richard Guinn, lead prosecutor assigned to the case by the Kansas State Attorney General's Office, was heard telling the Golub family Thursday night that a mistrial was eminent.

And he was right.

The jurors initially were split 10 to 2 in favor of a not-guilty verdict Thursday night, which changed to 8 to 4 in favor of not-guilty Friday morning. Chief Judge Jack Lively polled each juror to determine if further deliberations would be helpful and each juror said it would not. After hearing the consensus of the jury, Guinn requested a mistrial stating the "jurors were deadlocked" and Lively granted the motion.

A new tentative trial date is set for Jan. 21, 2008. A motions hearing to discuss possibilities of change of venue, speedy trial and other motions, is scheduled for 9 a.m. Sept. 21 and 22 in Stanton County.

The defense attorneys said they respected the jurors' decision and the fairness the jurors showed toward the Floyds.

"Chad and Shannon are innocent," Monnat said. "What happened in court today (Friday) clearly demonstrates that the state failed to prove otherwise."

As for a change in venue, Guinn would not comment if the prosecution will seek a new trial in another county. Kerns, however, said the defense wants to keep the retrial in Stanton County.

"They want to clear their name in this town," he said. "We were able to find 12 fair-minded people for this trial. We can do it again."

The Garden City Telegram  July 26, 2007   Jury deliberates in Floyd murder trial
JOHNSON CITY -- A jury resumed work this morning after deliberating all of Wednesday afternoon in the case of a former Stanton County couple accused of murder. Chad and Shannon Floyd are charged with first-degree murder and conspiracy to commit first-degree murder in the alleged killing of Golub in May 2005.

Golub went missing May 20, 2005, and his body was never found.  Chad Floyd's attorney, Dan Monnat, asked the jury not to convict based on "proof by the rumor mill" and "conviction by coincidence."

According to the prosecution, the Floyds lured Golub to their house in rural Stanton County, under the guise of picking up his son for the weekend.  Monnat, however, told the jury that a timeline of the night reveals barely a 15-minute window for Floyd to have killed Golub and to hide the body and the pickup.

Defense attorneys explained the bloodstains by saying the small amount -- about three drops -- found could have been from a bloody nose or a cut. The fact that Shannon Floyd painted the porch shortly after Golub went missing was not remarkable because she was always remodeling the home, attorneys said.

"You just can't ignore the evidence of innocence in the case," Kerns said.

June 2007