TV News Archive 2004 - 2006
 

AP - Fri Dec 22, 1:20 PM ET
 

Judge Tosses Kansas Abortion Charges Lee Thompson, left, and Dan Monnat, attorneys representing Wichita-based physician and abortion provider Dr. George Tiller, field questions from the media at a news conference, Friday, Dec. 22, 2006, at the Thompson Law Firm in Wichita, Kan. Recently defeated Attorney General Phill Kline, a vocal opponent of abortion, has filed criminal charges against Tiller, Tiller's attorneys said Friday. (AP Photo/Larry W. Smith)

KMBC 12/28/2006  Morrison Won't Keep Kline's Prosecutor In Abortion Case
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.

Kline announced Wednesday that he had named Wichita attorney Don McKinney as special prosecutor, saying the appointment would remove Tiller's case "from a highly charged political process." Kline, a Republican, noted that McKinney, like Morrison, is a Democrat.

Morrison said of McKinney: "He is extraordinarily political and, in my opinion, would absolutely not present any kind of independent perspective."

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.

CNN 12/22/2006 Judge throws out charges against abortion provider
Kansas' attorney general, a vocal abortion opponent, charged a well-known abortion provider with illegally performing late-term abortions, but a county judge threw out the charges Friday 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.

Tiller attorney Dan Monnat said Kline also accused Tiller of "hypertechnical" violations of a law requiring reports on late-term abortions to the state. Tiller and Planned Parenthood have repeatedly said they have committed no wrongs and the patient records Kline obtained contained no evidence of crimes by either the clinics or their doctors.

"We also intend to explore any and all means of holding Kline personally responsible for his malicious actions," Monnat said. "Rather than executing his duty as a prosecutor to see that justice is done, he has chosen to engage in a malicious and spiteful prosecution on the eve of Christmas."

CBS 12/22/2006 Judge Tosses Kansas Abortion Charges
Indictment Thrown Out Just Hours After Attorney General Filed 30 Counts Against Wichita Abortion Provider

A Sedgwick County judge dismissed 30 misdemeanor criminal charges against Wichita physician and abortion provider George Tiller, less than a day after recently defeated Attorney General Phill Kline filed them.

When charges were unsealed Thursday, Tiller’s attorney Dan Monnat said, "The filing of criminal charges by Phill Kline is the last gasp of a defeated and discredited politician," the attorney said. "Rather than executing his duty as a prosecutor to see that justice is done, he has chosen to engage in a malicious and spiteful prosecution on the eve of Christmas."

KAKE  12/22/06  Judge Drops Charges Against Doctor

Less than one day after Attorney General Phill Kline filed misdemeanor charges against Dr. George Tiller, a Sedgwick County judge dismissed the charges. The move came after after District Attorney Nola Foulston filed a motion to dismiss based on the fact that her office had not been consulted by Kline.

Dr. Tiller's attorneys, Dan Monnat and Lee Thompson, held a news conference Friday morning. Monnat called the charges by Kline "the last gasp of a defeated and discredited politician." He also called the prosecution "spiteful" for coming near Christmas Eve.

KSN 12/22/2006  Charges possibly filed against doctor
Attorney General Phill Kline has filed charges against Dr. George Tiller. Kline has been looking into records of adult women who may have received late term abortions at Dr. Tiller's clinic. Normally in cases where the attorney general's office brings charges in this jurisdiction, the district attorney's office is consulted. KAKE News has been told that did not happen in this case.

Dr. Tiller's attorney, Dan Monnat, has called a news conference for 11:15am Friday. On Friday, he called the charges by Kline "the last gasp of a defeated and discredited politician." He also called the prosecution "spiteful" for coming near Christmas Eve.
See video player at this story's webpage.

KSN 12/11/2006 New DNA Law Controversy

Starting in just a few days, anyone arrested or charged with certain felonies in Kansas will be swabbed for DNA. The Sedgwick County Sheriff's Office expects to collect roughly 6,000 to 7,000 DNA samples next year alone. The samples will then be sent to the KBI to be analyzed and put into a database.

"Something that generally cannot be taken from a person without a search warrant, is being taken from somebody who is only suspected of a crime," Jim Pratt, criminal defense attorney, said.

The sample will be done while law enforcement obtains your fingerprints. If you refuse, you will face additional charges.

If you're eventually found innocent, State law provides some protection, but local attorney Jim Pratt says not enough. "If the person is acquitted or the charges are dismissed, the record remains, but the sample is destroyed," Pratt said.
See video player at this story's webpage.

KSN 12/04/2006 Sperm donor fights for parental involvement

"In a way, I think it’s a brave new world case," said Dan Monnat, Wichita attorney.

Under Kansas law, an unmarried sperm donor does not have parental rights unless there is a written agreement to the contrary. The donor claims he didn’t know about that law.

"Science has provided individuals with greater freedoms and now it’s up to the law to catch up with technology," said Monnat.

Monnat says when the law was set up in 1994 it was designed to protect children of artificial insemination from frivolous custody battles. But today’s technology has created some gray areas which could force the issue all the way to the United States Supreme Court.

"It certainly could go to the next level because the sperm donor in this case contends that this law violates his constitutional rights," said Monnat.  See video player at this story's webpage.

November 2006

KSN 11/6/2006 Kline talks about O’Reilly leak
At issue is whether someone leaked private information from medical records from two Kansas abortion clinics to O’Reilly.

"It’s highly suspicious it happens within two weeks of records being turned over to the attorney general," said Dan Monnat, Dr. Tiller’s attorney.

KSN 11/4/2006 TV Appearance Causes Controversy
Attorney General Phil Kline may be in some hot water, and could face a possible investigation after an appearance on The Bill O'Reilly Show.   

"Our concern has always been that once the records are out of the protection of the clinic, they will fall into the wrong hands, " says George Tiller's attorney Dan Monnat.  Monnat believes somehow those records were leaked to the O'Reilly show.  See video player at this story's webpage.

October 2006

KSN 10/03/2006 HIV conviction may not mean jail time
KSN legal expert, Dan Monnat said it’s surprising the jury found Richardson purposely spread it beyond a reasonable doubt. After Richardson is sentenced, he will have ten days to appeal -- likely on the basis that the law is too vague. For example, there is a question about whether he tried to spread a life threatening disease. Monnat says the wording in the law may need to be more specific and that, if the law stands, there could be unintended consequences. Monnat believes Richardson will most likely get probation unless he has an extensive criminal background. Monnat said the most Richardson could get is 34 months. He is set to be sentenced in November.
See the TV video of this story: http://www.ksn.com/news/stories/video/15122111.html

June 2006

KAKE 6/30/2006  Could Courtroom Outburst Impact Trial's Outcome?
Many people are wondering whether a convicted killer's courtroom outburst snaps will affect the sentencing phase of his trial. Gregory Moore is convicted of capital murder in the death of Harvey County Sheriff's Deputy Kurt Ford. Attorney Dan Monnat believes it's unlikely that the unusual event will lead to a mistrial. Monnat says if a judge declared a mistrial every time there was an outburst, suspects could simply cause a commotion and get to do the whole thing over again. See video player at this story's webpage.

KSN 6/26/2006 Supreme Court rules Kansas’ death penalty constitutional
A divided decision by the nation’s highest court brings capital punishment back to Kansas and puts eight men back on death row. On Monday, the United States Supreme Court ruled that the state’s death penalty law is constitutional.

"This certainly won’t be the last time we talk about the constitutionality of Kansas’ death penalty," said Wichita defense attorney Dan Monnat. "Today’s decision really just decides a very narrow issue of Kansas death penalty procedure. It doesn’t decide the ethical, moral, religious, or policy reasons of whether we should have a death penalty at all."
See the TV video of this story: http://ksn.com/news/stories/video/13559101.html

KSN 6/20/2006 Family and friends remember Chelsea Brooks
"Twice in the past 20 years, the Kansas Supreme Court has examined whether or not a "human being," within the meaning of the homicide statute, includes a fetus. In both times, the Supreme Court has held that a fetus is not included in the homicide statutes," said Dan Monnat, Wichita attorney.
See the TV video of this story: http://ksn.com/news/stories/video/13436258.html

KAKE 6/11/06 New Law Gives Judges More Discretion in Child Sex Cases 
Under the new law, one Kansas senator says the judge will get to decide if the child sex offender's deed warrants his or her picture being displayed here. Wichita attorney Dan Monnat says it's important for judges in juvenile cases to have wide discretion.

"Because in a juvenile case, it's different than the ordinary criminal case. In a juvenile case, the state's interest is as parent with an interest toward rehabilitation," said Monnat. See video player at this story's webpage.

May 2006

KSN 05/26/2006 Prosecuting those who intentionally spread HIV
In Kansas right now, there is a shocking case of a man who allegedly spread HIV intentionally. Cities across the country are dealing with this same issue. But there is a fine line when it comes to proving such a case. "Here, the prosecution has to prove beyond a reasonable doubt, not that the accused intended to make love or procreate, but specifically that the accused intended to use the disease as a weapon," said legal analyst and Wichita attorney, Dan Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/12987280.html 

KSN 05/16/2006 Cosmosphere head gets three years
In court Monday, Ary begged for mercy saying that the Kansas Cosmosphere, "really was my life." He argued that probation would let him pay back the losses sooner. The judge didn’t agree but he did issue less than the minimal jail time suggested by law.

"Recently the United States Supreme Court freed federal judges from the imprisonment of mandatory sentencing guidelines," said Wichita attorney Dan Monnat.  Ary will serve three years probation after prison time. He is free for now pending the judge’s ruling on a financial penalty for the crime.
See the TV video of this story: http://ksn.com/news/stories/video/12815380.html

KAKE 05/13/2006 Charges filed against teen for kidnapping hoax
On April 11th, 911 operators in Independence got a frightening call. Kelsey Stelting, 16, told police she was kidnapped by an unknown man in a white van. Sixteen hours later she returned unharmed. Shortly after that, she admitted to investigators she'd made the whole thing up.

On Friday, prosecutors officially charged the teenager with one misdemeanor count of falsely reporting a crime and three felony counts of obstructing official duty. Kelsey Stelting is being charged as a juvenile. Police and Kelsey's attorney will not comment on the case. Stelting's punishment could include probation, placement in a youth residential facility or time in a juvenile lock up. See  video player at this story's webpage for comments from Dan Monnat:.

KAKE 05/08/2006 Reginald Carr could get a new trial
“If the judge used the wrong standard, then Reginald Carr gets a new trial, said Dan Monnat, a Wichita attorney and KSN legal expert…”I think most people think that it would be an unusual event for a trial judge to say the accused can’t put on their theory of defense, but it happens all the time…There is the very real possibility that Reginald Carr may get a new trial based on the trial courts denying him the opportunity to present a meaningful defense of third party guilt.”
See the TV video of this story: http://ksn.com/news/stories/video/12687363.html

April 2006

KAKE 04/30/2006 Still No Charges in Abduction Hoax
Two weeks after a Kansas teen fakes her own abduction, many people wonder if she'll ever be charged with a crime. Kelsey Stelting admitted she called 911 and pretended to have been kidnapped from her Independence home. The search for Stelting involved hundreds of people and consumed countless resources. Wichita defense attorney Dan Monnat says because Stelting is a juvenile, the very most she could be charged with is making a false report. He says that would result in anything from placement in a juvenile correctional facility to having her driver's license restricted. See video player at this story's webpage.

KAKE 04/18/2006 Court rules against AG in teen sex case
Six months after a judge ordered the destruction of more than 1,300 DNA samples taken to eliminate possible suspects in the BTK serial murder investigation, none have been destroyed, police say. That situation will change soon, they say. Deputy Police Chief Robert Lee told The Eagle on Monday that the department expects to have all the samples destroyed -- in a careful, deliberate process -- by mid-June.

KAKE 04/18/2006 Court rules against AG in teen sex case
U.S. District Judge J. Thomas Marten granted a permanent injunction in the case filed by Aid For Women and health care providers. They had filed a constitutional challenge to Kansas Attorney General Phill Kline's interpretation of the state's mandatory reporting law. The group was concerned Kline's interpretation would discourage teens from seeking medical attention or information. Marten says a plain reading of the Kansas statute gives mandatory reporters such as health care providers the discretion to determine whether there is reason to suspect a child has been injured as a result of sexual abuse.

KSN 04/04/2006 Harvey County priest released from prison
The case is closed on Robert Larson. The Harvey County priest has been doing time for molesting altar boys. Now he is out of prison but he’s not really free. The attorney general says their concern was that Larson not be in a position where he could re-offend. They are pleased with the deal as well. Even Larson's attorney, Dan Monnat, says this solution seems to be best for all involved. "At this point he is anxious to find a place where he can devote the rest of his life to penance, prayer and some peace," said Monnat.

KWCH 04/03/2006 Catholic priest, convicted of molestation, to be let out of prison  Convicted, former Kansas priest learns his fate. Less than two weeks ago, the attorney general's office petitioned for Larson to be committed as a sex predator. That would have sent Larson to a state mental hospital indefinitely. Now, in accordance with the plea agreement made five years ago, the attorney general has dropped the petition. That means the 76 year old will now live the rest of his life in a secure, therapeutic facility for priests with personal problems. Larson's lawyer, Dan Monnat says Larson has served his time and is living up to his end of the plea agreement. He's glad the state of Kansas is as well.

March 2006

KAKE 03/25/2006 Former Priest Convicted of Sex Crimes Fighting for His Freedom
A former priest in prison for abusing altar boys is set to go free. Robert Larson is supposed to be released next week. Now there's a new fight to keep the 76-year-old off the streets. It's a fight some say isn't fair. Larson's attorney Dan Monnat and the state ... had an agreement says the state will not seek to commit Larson to another facility after he's served his five-year sentence. Now the Attorney General's office says the agreement is invalid. This has created a new battle for Larson and his attorney. Upholding the plea agreement gives Larson his freedom, but Monnat says denying it breaks a binding legal document. See video player at this story's webpage.

February 2006

KSN 02/02/2006 Proposal calls for collecting DNA upon arrest

State lawmakers are now considering collecting DNA from anyone arrested for a felony and entering those samples into the national database. The proposal is not without controversy. Law enforcement could collect the sample as the person is booked into the jail. Under the proposal, anyone arrested for a felony, except DUI’s, would have to submit a DNA sample. The state already collects DNA samples from convicted felons. (Dan Monnat) says taking it from mere suspects is going too far.

"People who haven’t done anything wrong are arrested all the time in Wichita, Kansas and it’s not fair, that by reason of law enforcement ineptitude, they somehow have to give the government the most intimate information about themselves -- their genetic coding," said Monnat. See video player at this story's webpage.

January 2006

KSN 01/23/2006 Former priest to be released from prison
Robert Larson is serving the maximum five-year sentence for sexually abusing three altar boys and a teenager. His release is set for March but Attorney General Phill Kline wants to classify Larson as a sexual predator and lock him up in a hospital for sex offenders indefinitely. The move goes against Larson’s 2001 plea agreement. In exchange for a guilty plea, the state said it would not seek to commit Larson under the Violent Predator Act.

Twenty years after the acts were committed, defense attorney Dan Monnat believes Kline is using his client to pander for votes at the taxpayers expense. Monnat insists his client is not a danger.  "Since then he has completed 19 months of intensive treatment for the problems that gave rise to those charges at the renowned St. Luke’s Institute," said Monnat.

Monnat said what Kline is trying to do now could set a dangerous precedent. "If the State of Kansas doesn’t keep the promises it makes in plea agreements, then it’s unlikely that future defendants will enter into plea agreements with the State of Kansas." See video player at this story's webpage.

KSN 1/12/2006 Governor budgets for GPS tracking of sex offenders
Predators convicted of repeated acts of sex abuse against children may have to wear a tracking device for the rest of their lives if the governor has her way. It’s part of a $1 million strategy to keep tabs on high-risk sex offenders.

Defense attorney, Dan Monnat, believes the governor has a balanced proposal but says a trial should decide who has to wear a tracking device. He also fears what this punishment could lead to.   "Each degree of electronic surveillance is another step in the Orwellian direction of a "big brother" society," said Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/10820108.html 

November 2005

KSN 11/22/2005  Kline to argue death penalty to Supreme Court
The debate over the constitutionality of capital punishment in Kansas goes to Washington D.C. next month. That’s where (Kansas Attorney Genenal Phil) Kline will present legal briefs to the Supreme Court in favor of the death penalty. "It is rare when the Kansas death penalty has been imposed but it is imposed in appropriate circumstances," said Kline.

But last year, Kansas’ highest court ruled it unconstitutional. Justices found the law vague and misleading. Kline admits it will be difficult to overturn that ruling. He points to the new make up of the United States Supreme Court and whether Supreme Court nominee, Sam Alito, will be on the court then.

But local defense attorney, Dan Monnat, points to an even bigger challenge -- the retrial of death row inmate Michael Marsh. His case prompted this legal battle. "In essence, the Kansas Supreme Court’s decision is not a final judgment as to Marsh because he has also been granted a new trial on the issue of guilt. If he is acquitted, he may forever escape the death penalty," said Monnat. See video player at this story's webpage.

October 2005

KSN 10/13/2005 Judge agrees with DA’s recommendations for Rader
Judge Greg Waller sided with the state on what BTK should be allowed to do in prison. As a high risk prisoner locked up 23 hours a day, Dennis Rader already has very limited privileges. If the Department of Corrections goes along with Judge Waller’s recommendations, BTK’s privileges will remain sparse.

There was mixed reaction to the proceedings from the legal community, split over whether Dennis Rader deserves his first amendment rights. "Now it’s up to the Department of Corrections not to follow those recommendations of Judge Waller and to deal with the first amendment implications of those recommendations," said Dan Monnat, a Wichita defense attorney. See video player at this story's webpage.

September 2005

KWCH 9/16/2005 Federal grand jury will hear about Haysville medical clinic
A federal grand jury convenes next week to hear details about a Haysville medical clinic. Eyewitness News has learned several people connected with the medical clinic have been called to testify in front of a grand jury next week.  Jury members will listen to evidence and then decide whether to indict.  Local Wichita defense attorney Dan Monnat says because a grand jury is called, doesn't mean a crime has been committed. 

"I think it's hard to conclude very much from the fact that a grand jury investigation is underway," said Monnat. "Does it mean the citizen will ultimately be charged? It shouldn't mean that."  See video player at this story's webpage.

KAKE 9/16/2005 Drug bust goes bust
You don't usually see sunflowers springing from a marijuana plant, but in Bel Aire a plant caught the eye of police cruising by. The home near 37th and Oliver belongs to a well known couple in the area. For most of the 90's Harold Smith was the mayor of Bel Aire.

"Mrs. Smith feels extremely violated," said Smith attorney Dan Monnat. Monnat says police did more than check out the plants. He says they videotaped everything inside the house, including personal items. Finally Mrs. Smith convinced an officer to bring her a plant that they thought was marijuana. "She laughed out loud and explained that was a sunflower," said Monnat. See video player at this story's webpage.

KSN 9/15/2005 Police raid prompts investigation
The mayor of Bel Aire is calling for an external investigation into a police department raid after officers searched an elderly couple’s home for marijuana. That elderly couple is former Bel Aire mayor, Harold Smith, and his wife, Carolyn. They are demanding answers as well.

"Amongst other things, their house was completely searched -- their closets, their drawers, their most private spaces -- and everything from their house, from the contents of their closets to the contents of their dresser drawers was, for some unknown reason, videotaped," said attorney Dan Monnat, Wichita. It was called off only after officers finally discovered the plant was a sunflower. "You would think that, in the sunflower state, a reasonably trained law enforcement officer would be able to distinguish marijuana plants from sunflowers," said Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/9353354.html

KSN 9/13/2005 Couple sues Cox over mistaken identity
"They were trying to have a backyard barbeque for their niece. Instead, their house was swarmed by Wichita law enforcement officers who were conducting a child porn investigation. Their complaint is that all that happened because Cox Communications gave law enforcement the wrong address," said Dan Monnat, attorney.
See the TV video of this story: http://www.ksn.com/news/stories/video/9324159.html

KSN 9/13/2005 Denney trial continues
Matt Denney, 23, is in court facing felony murder charges. Prosecutors allege Denney was the lookout man for a drug house in Hilltop so when Scott Cheever allegedly murdered Sheriff Matt Samuels, prosecutors contend Denney, too, was responsible. "Felony murder is a hard charge to defend against because you don’t have to really prove the personal responsibility of the accused. You just have to prove the accused participated in the commission of a felony, and a killing occurred," said Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/9324160.html

August 2005

KSN 8/25/2005  BTK civil case to be heard Friday
Another issue to be heard Friday concerns the former home of Dennis Rader. When she divorced the serial killer, Paula Rader got the house, meaning she is entitled to the proceeds from the auction of that property. However, that money is currently being held in District Court and everyone from victims’ families to the Kansas attorney general has made a claim on the proceeds. "Everybody wants a piece of Dennis Rader’s money and justly so. The problem is, Dennis Rader doesn’t have any money and the fund they’re going after really belongs to Paula Rader," said Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/9073006.html

KSN 8/04/2005 Convicted sexual predator set free
"This Kansas City case is actually a very important case for it recognizes the federal Congress intended this law to prosecute persons who sexually entice actual children," said Dan Monnat, Wichita defense attorney. In a defense motion, Helder’s attorney argued the proof in this case does not establish that the person Helder is accused of propositioning was in fact a minor under the age of 18. The issue is best characterized as a legal impossibility. "In other words, the judge said no crime was committed here because no real child was enticed," said Monnat. But Monnat says that defense wouldn’t stand in a Kansas state court. "Because, in Kansas, we have a specific law affectively doing away with legal impossibility as a defense," said Monnat. But Attorney General Phil Kline is concerned because he pushes to have these cases prosecuted in federal court. Local law enforcement and the local branch of the FBI say they will continue their undercover operations.
See the TV video of this story: http://www.ksn.com/news/stories/video/8825427.html

KAKE  8/04/2005 Delay in BTK’s Court Appearance
When Rader filed to act as his own attorney in the civil cases a week ago, some experts said it appeared as though BTK was trying a different tactic to torture the victims families. But because of Rader's mistake, BTK might not get that chance. Defense Attorney Dan Monnat says it's anybody's guess whether Rader shows up in court. What is certain about this latest BTK chapter is whatever happens will be hugely significant to the case's civil portion. It all stems from Rader missing his response deadline in the Marine Hedge wrongful death lawsuit. Since Rader did not respond within 20 days, legal experts say the plaintiff, in this case Hedge's family, wins by default. Monnat says if a default judgment is taken against Dennis Rader, that ends the proceedings. He says there won't be a trial. There won't be an opportunity for Rader to act as his own lawyer or cross examine family members of his victims. And if that happens, Monnat says it is likely the same action will be taken in all of the other cases where Rader has not filed an answer. Monnat says if Rader had filed in time, he could have had a good grounds for defense based on the statute of limitations. See video player at this story's webpage.

KSN 8/2/2005 Rader plans to defend self in civil cases
In Rader’s criminal case, a judge appointed him a public defender because he didn’t have the money to hire an attorney. He has a lot less money now and presumably can’t afford an attorney for the civil cases so Rader will go it alone as his own lawyer. Wichita attorney Jim Pratt said Rader, acting as his own attorney, would be entitled to depose witnesses. Imagine Charlie Otero, Kevin Bright or other family members being questioned face to face by Rader. "He has a right to take depositions in defense of himself," said Pratt. So what is Dennis Rader’s motivation to act as his own lawyer? One theory is morbid, that BTK wants one more chance to revel in murder. "He may be entering an appearance to try to work out a settlement so it doesn’t affect his wife and the property she got in the divorce. He may be entering an appearance because he wants to defend it and relive all the experiences again," said Pratt.

July 2005

KSN 7/27/2005 Who Receives Profits from Sale of Rader Home?
The Rader’s divorce is final and their home already sold at auction. Once the sale of the home is final, Dennis Rader’s half of the money will be held by the Clerk of the Court. That’s when a judge will decide if any of that money will go to the victim’s families. But Kansas law may not let the victims get money from the sale of Rader’s home. KSN Legal Expert Dan Monnat says those profits will go to Paula Rader. "Now she’s the only one with the complete title to that real estate, so when the transaction closes, she’s entitled to all of the proceeds. The law basically says that the proceeds of a homestead is exempt so long as at the time of the sale it was the intention of the seller to reinvest them in another homestead in a reasonable amount of time" Monnat says.

KWCH 7/20/2005 Motion filed by Roger Valadez
Attorney Dan Monnat says his client, Roger Valadez, wants to know why police suspected him of being BTK. He says because of information released by police and BTK serial killer Dennis Rader himself, Judge Waller should release documents and other testimony relating to the arrest of Valadez. Valadez was arrested in December after a tip to police that he could be BTK. Monnat has asked the court to release any property taken from his home, all DNA evidence, and purge DNA evidence from any database. See video player at this story's webpage.


KAKE 7/20/2005 Man connected to BTK case wants answers
The man once targeted in the BTK investigation files a motion for the release of more information on why police arrested him. Roger Valadez's attorney filed the motion Wednesday afternoon. Attorney Dan Monnat says since police are spending hours and hours releasing details of the BTK investigation, they should also tell his client why he was targeted. The original motion was filed in March. Valadez is asking for all court documents related to who and what led police to search his home and obtain his DNA. See video player at this story's webpage.

June 2005

KSN 6/29/2005  DA wants details given at BTK sentencing
District Attorney Nola Foulston…said it is her office’s obligation to the court to prove why Dennis Rader deserves the sentence they’re pushing for. Dennis Rader did tell some of the details about the case but Foulston says there is more and she wants the judge and community to hear it all. Wichita defense attorney, Jim Pratt, said he knows the reasons Rader didn’t go into too much detail about his crimes. "He wanted to spare the families of the victims. He wanted to spare his own family. He doesn’t want too much negativity. Remember in that call to KSN he said, ’I don’t want too much negativity,’" said Pratt.

KSN 6/23/2005 Jury selection and the BTK trial
One of the most historic trials ever to take place in Sedgwick County is scheduled to begin on Monday yet no extra jurors have been requested. Officials in charge of the jury room don’t have any special instructions to bring extra jurors in for Monday’s court appearance. "I think it indicated that the trial is not going to go. I don’t think it indicates anything else. It could mean they just haven’t asked for the continuance yet or that he may enter the plea or waive the jury trial and ask that the trial be to the court," said Pratt.  Another surprise concerning the jury is that there have been no motions requesting a detailed jury questionnaire. For routine trials, a questionnaire is sent out asking general background information. But in high profile cases such as this or the Michael Jackson trial, lawyers will often ask for a more detailed questionnaire to help speed up jury selection. "Questions about what TV shows do you watch? What magazines do you read? What are your opinions on law enforcement, DA’s office, Defense? To get a better idea of the type of juror you’re looking at," said Pratt.
See the TV video of this story: http://www.ksn.com/news/stories/video/8330194.html

KWCH 6/22/05 Defending Dennis Rader
Dennis Rader is still scheduled for trial. Rader has many options, but if he chooses to plead guilty would it save taxpayer money?  Legal experts say the answer is “not really”. See video player at this story's webpage.

KSN 6/9/2005 Rader trial date approaches
The district attorney received more money Wednesday to prosecute Dennis Rader, though it is unlikely the case will go to trial later this month as scheduled. "I think it would be completely unrealistic in a case spanning 31 years and multiple victims that it would be tried on the first day set, particularly with the complex issues involved in this case," said Dan Monnat, Wichita defense attorney. Monnat said, usually, a motion to continue does not have to be formally filed. Both sides have to simply agree and the judge has to approve the delay.
See the TV video of this story: http://www.ksn.com/news/stories/video/8157082.html

KSN 6/2/2005 Deadline passes for Rader insanity defense motion
Thursday was the deadline for Dennis Rader’s defense team to file a motion if they are going to argue their case using the insanity plea. Neither the defense team nor prosecution filed any motions in the case Thursday. But just because Thursday’s deadline passed without filing that motion doesn’t mean they won’t in the future. "The fact that notice of intent to rely on defense of mental disease or defect has not been filed today does not mean that Dennis Rader will not ever rely on that defense. The court always has the power to extend the time in which the notice has to be filed for good cause," said Dan Monnat, a Wichita defense attorney.
See the TV video of this story: http://www.ksn.com/news/stories/video/8084700.html

May 2005

KAKE 5/31/2005 Charges Filed in Shooting of Private Investigator
Johnny Harper had little to say as he left the courthouse, now charged with attempted murder. His first court appearance comes three weeks after police say Harper shot private investigator Emery Goad outside his east Wichita home. A few days after he was arrested, Harper was free on bond. It's not unusual for the District Attorney's office to take its time when filing charges. "It's probably preferable to delay on the side of caution before embarking on this serious decision," said Wichita attorney Dan Monnat. See video player at this story's webpage.

KSN 5/31/2005 U.S. Supreme Court to hear Kansas death penalty case  
Sedgwick County convicted murderer Michael Marsh’s sentence is now a Supreme Court case. At issue is how juries weigh the pro’s and con’s of a death sentence. The Kansas Supreme Court ruled last December that the state’s death penalty is unconstitutional. News that the Supreme Court will take the case gives prosecutors hope it will overturn that decision. But not everyone touched by a capital crime feels that way. Ann Walenta died at the hands of the Carr brothers. Ann’s husband says he hopes the Supreme Court rules against the death penalty. He says the solution is in changing society. Defense attorney Dan Monnat also points out the mounting costs of executing a person in Kansas. "Since Marsh will have a public defender, Kansas taxpayers will be paying for both sides to be litigated -- state prosecutors, state public defenders -- at a time when we can’t even fund our schools," said Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/8058827.html

KSN  5/11/2005 Father faces charges for leaving children in hot car
The case of the man who allegedly left his kids in a hot car while he shopped at an adult novelty store will go to prosecutors Tuesday. Right now police are holding him on a child endangerment charge, a misdemeanor. Kansas does have a felony child endangerment law on the books. Lawmakers added it just last year, mostly to focus on parents who leave their children in meth houses. But to get a felony conviction, prosecutors would have to prove someone "intentionally and recklessly" caused a child to be "injured or endangered" and that can be difficult. Some argue it’s unnecessary. "Not every child endangerment is deserving of felony treatment. We hope that with the misdemeanor child endangerment the parents can be educated and rehabilitated and the family can be kept intact," said defense attorney Dan Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/7963860.html

KSN 5/11/2005 Some evidence in BTK case not tied to murders
One day after the arrest of Dennis Rader for a series of murders spanning three decades, police searched the shed behind his home. That search is now at the center of a legal dispute in the Rader case. The defense says it doesn’t plan to contest that fact.  "That probably means one of two things: The public defender’s office is confident the items aren’t connected with criminal activity or it foretells that there will be an insanity defense in this case where no one will contest the evidence of the homicides but will certainly contest the accused’s mental responsibility for the homicides," said Dan Monnat, Wichita defense attorney.
See the TV video of this story:   www.ksn.com/news/stories/video/7815754.html

KAKE 5/7/2005 Courtroom Drama in BTK Case Criticized
Since BTK suspect Dennis Rader's arraignment last week, many have criticized the district attorney for bringing too much drama to the courtroom. Some say her technique is designed to intimidate the defendant. Monnat says he expects one of the many motions filed before Rader's trial will likely be one that prevents this from happening in the future.  See video player at this story's webpage.

KSN 5/6/2005 Mistrial declared after lawyer fails drug test
Results of a lawyer’s drug test have led to a mistrial in a second-degree murder case. Attorney Dan Monnat says the week’s revelation does not mean Lehr is out of a job. "A lawyer accused of substance abuse is certainly not automatically disbarred. In fact, the lawyer is entitled to the same presumption of innocence as we all are." Monnat says probation or suspension of a license with probation are more likely to be Lehr’s punishments. That’s if an investigation reveals problems with drugs.

KSN  5/6/2005  Rader’s defense team files motion for discovery
Before the BTK case can go to trial, the defense needs to find out everything it can about the state’s case against Dennis Rader. On Thursday, they started that legal process. KSN’s legal expert explains why this request is unusual. "In a long case like this, technology itself evolves. For instance, you see in the motion the defense attorneys reminding the prosecutor to look for VHS tapes, or beta tapes or DVD’s and you see them reminding them to look for paper reports and digital reports," said Monnat, a Wichita defense attorney. Monnat says the motion is proof Rader’s defense team is taking its constitutional obligations very seriously.
See the TV videos of this story:  http://www.ksn.com/news/stories/video/7759089.html 

KSN 5/5/2005 State files motion in BTK case
Just last week, Dennis Rader’s attorneys filed a motion for "discovery" to get access to all of the state’s evidence against Rader. The judge granted that request. Now the state has filed a similar motion that may clear up the kind of defense they’re preparing to counter. "Once the defense files a motion for discovery, the prosecution files a motion for reciprocal discovery to guarantee that this is a two-way street," said Dan Monnat, Wichita defense attorney.  "This motion appears to direct its attention to expert testimony regarding psychological, psychiatric, neurological defenses," said Monnat after looking at the motion. "They’re not mentioning expert analysis of DNA or anything like that.” That could mean the state sees future battle lines will be drawn in other areas, such as the sanity of Dennis Rader.
See the TV videos of this story: http://www.ksn.com/news/stories/video/7802545.html

KSN 5/5/2005 Will Rader get a change of venue?
Dennis Rader is considered innocent until the state proves its case against him but his defense team might move to have him tried somewhere else just in case potential jurors have already convicted him. "Really, won’t most of the jurors recognize that, for the last 31 years, they’ve worried personally and they’ve worried about their families being the subject of an attack by BTK? Can they really set that aside for this case and be fair?" asks Dan Monnat, a Wichita defense attorney.
See the TV videos of this story: http://www.ksn.com/news/stories/video/7747110.html

KSN 5/3/2005 Rader to plea Tuesday
Dennis Rader will tell the judge Tuesday whether he wants to admit to 10 killings or go to trial for murder. Rader’s defense attorneys have told KSN they expect Rader to plead "not guilty" but until it’s all said and done, anything is possible. “Criminal investigative reports and evidence are not open records under Kansas law unless a judge orders them open or 70 years have passed," said Dan Monnat, a Wichita defense attorney.
See the TV videos of this story: http://www.ksn.com/news/stories/video/7719968.html

KSN 5/3/2005 BTK Suspect appears in court
BTK suspect Dennis Rader remained silent Tuesday morning at his arraignment. Rader could've pled guilty or not guilty. Instead, he let the court do his talking for him. So why did Rader "stand mute?" Wichita defense attorney, Dan Monnat explained, "Ordinarily, at an arraignment, the accused doesn't say anything. The attorney for the accused enters his plea of not guilty. So it's not that unusual not to hear from him but it is somewhat curious to adopt this manner of proceeding by standing mute, but maybe that's the way it ought to be. The accused presumed innocent and has a right to remain silent not to incriminate himself. Why, at this early stage of the proceeding does he really need to say 'not guilty.' He is presumed to be not guilty."

KSN 5/2/2005 Will BTK suspect plead guilty?
Dennis Rader waived his preliminary hearing so many are wondering if that means he is on a fast track to a guilty plea. His lawyers say "no" but we’ll know for sure Tuesday. KSN is one of two media outlets to which police sources confirm Rader has confessed to the crimes. Undoubtedly, the defense would search for flaws in that confession and try to suppress it at trial. That’s all the more reason for it not to come out in a preliminary hearing. "At which that confession or statement against interest might be publicly aired when, in fact, it will never see the light of day at trial due to a motion to suppress it," said Monnat. See the TV videos of this story:  http://www.ksn.com/news/stories/video/7708288.html  

April 2005

CNN 4/29/2005 Judge orders removal of Wichita man's DNA sample from data
A man who wrongly came under suspicion in the BTK strangler case won a round in court Friday when a judge ordered his DNA profile purged from law enforcement databases and his remaining sample returned. "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 when the government's need for it expires."

March 2005

KSN 3/28/2005  BTK suspect to plead not guilty
BTK suspect, Dennis Rader, will plead "not guilty" for the ten killings he is now charged with. That is according to his attorney. Steve Osburn, Rader’s public defender, told the Wichita Eagle that his client will enter a "not guilty" plea but adds, "we may change that at some point before the trial." "It remains to be seen always whether a confession was freely, voluntarily elicited. Because if it isn’t, we can’t rely on it to be a truthful confession," said defense attorney Dan Monnat.
See the TV video of this story: http://www.ksn.com/news/stories/video/7315430.html

KWCH  3/15/2005  Why wasn't Foulston corrected sooner?
Defense attorney Dan Monnat says the news conference still leaves unanswered questions. “Even after [Tuesday’s] conference I think a citizen whose DNA has been taken still wants to know if both swabs are destroyed or if the profile is destroyed or in some government data base.”

KAKE 3/8/2005 Valadez Wants Answers
Roger Valadez would like to know why police were looking in his mouth for BTK. Valadez would also like police to clear his name, now that they say they've arrested the real BTK.

KSN 3/8/2005  Former BTK suspect wants answers
A former suspect in the BTK investigation is filing court papers to find out why police considered him in the investigation.

December 2004

KSN 12/29/04  Subject of highly publicized arrest asks all charges to be dropped   Investigators cleared a Wichita man, once thought of as a BTK suspect with a DNA swabbing. His attorney calls the ordeal a nightmare. Now the man wants any charges he's ever had dropped.

KWCH 12/29/04 Motion to dismiss
"There was no good , legal reason for law enforcement officers to be in my clients house on December first."  Dan Monnat

KAKE 12/29/04   Improper Investigation?
An attorney wants charges dropped against his client after his home was raided because of two misdemeanor warrants. But how the arrest was handled and what happened next, including speculation the man was linked to the BTK case could lead to civil action against the city.

KSNW 12/20/04  Death Penalty to stay in effect for now

KSNW 12/16/04  Grand jury indicts former basketball coach

KAKE 12/3/04  Man Arrested Not BTK
The attorney for a man arrested Wednesday night says the Wichita police department has excluded the man in the BTK investigation.