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TV
Archive 2007
December 2007
KSN
December
21, 2007
Schneiders will remain in
jail through trial. Prosecutors say they
hope to link an additional 34 deaths to
Dr. Schneider and his clinic.
Dr. Stephen Schneider and
his wife Linda are facing a multitude of
federal charges related to patient care
at their Haysville clinic.
Prosecutors say they hope to link an
additional 34 deaths to Dr. Schneider
and his clinic. Prosecutors charges the
two with 34 counts including conspiracy,
unlawfully distributing control
substances resulting in death and
medical fraud.
The couple made their
first appearance in Federal court this
afternoon. The purpose of the
appearance was to determine if the
Schneiders should remain in jail
throughout their trial. Prosecutors said
they were a flight risk and a danger to
the community.
Holding the couple is
just a ploy being used by the government
and has little to do with them being a
flight risk.
"A person who is
detained pre-trial is less able to
defend themselves because the government
has now spent years investigating a case
and the accused just hears about it.
The accused is immediately isolated from
family, from money and from the ability
to speak with counsel," said
Dan Monnat,
KSN's legal expert.
Watch the video
November 2007
KWCH
November 9, 2007
Lawmakers Criticize Kansas Supreme Court
The highest court in
Kansas is not doing its job -- that
according to a group of lawmakers. The
group is upset the Kansas Supreme Court
blocked the start of a grand jury
investigation into Wichita abortion
provide Dr. George Tiller. Instead, the
court will consider whether the proposed
grand jury probe should be allowed.
Kansas is one of a handful of states
where a citizen petition can summons a
grand jury. This is the second time
Tiller has been the focus of a grand
jury investigation. Wichita attorney
Dan Monnat
is on Tiller's defense team and says the
grand jury process is being used to
harass his client.
"I seriously doubt
that the Kansas Supreme Court is going
to be bullied by the press conferences
of the politicians into either not
acting or not acting as quickly as the
politicians would have them. The
grand jury itself is something brought
as an instrument of harassment by people
politically opposed to a woman's
constitutional right to choose," says
Monnat.
October 2007
KSN
October 26, 2007
TOPEKA, KS. (AP)
Court blocks investigation of Dr. George
Tiller
The Kansas Supreme Court temporarily
blocks the start of a Sedgwick County
Grand Jury to investigate abortion
provider George Tiller. The court's
order Friday stops the grand jury from
starting its work until the court can
decide if the panel should convene.
The Grand jury had
been scheduled to begin its work next
Tuesday.
The order by Chief
Justice Kay McFarland was in response to
a petition filed by Dr. Tiller, who is
one of the nation's few late-term
abortion providers. Abortion opponents
accuse Tiller of violating a 1998 state
law restricting late-term abortions, an
allegation his attorneys repeatedly have
said is unfounded.
Stay with KSN News and
KSN.Com for more on this developing
story.
KAKE
October 26, 2007
Supreme Court Delays Tiller Grand Jury
Wichita
abortion provider George Tiller has, at
least, won a temporary victory in court.
The Kansas Supreme Court has stepped in
to delay a grand jury that has been
called to investigate allegations of
breaking state restrictions on late-term
abortions.
In an order signed by
Chief Justice Kay McFarland, the court
says the delay has been granted due to
the "unique circumstances" of the case.
The parties involved
in the case are now ordered to respond
to the grand jury petition by November
16th. The grand jury was originally
scheduled to convene Tuesday.
Attorney General Paul
Morrison has already filed 19
misdemeanor charges against the Tiller,
but many abortion opponents believe
Tiller should be prosecuted even more
aggressively.
KSN
October 15, 2007
Online prostitution?
Is it a reasonable
service or a front for prostitution?
Some say online escorts are taking the
war on prostitution to the Internet.
South Broadway in
Wichita has a long history and
reputation for prostitution. But
recently, Wichita police have been
cracking down and say their tactics are
working. But prostitutes may be
abandoning the street corners and moving
to the World Wide Web. More than 70
Wichita women have profiles on one web
site alone. The pages show pictures,
advertise available services and even
list rates and prices. One person's web
site lists rates as high as $1,600. But
that same site goes on to say "Any
gratuity or financial exchange is solely
for my time and social companionship".
Another web site calls the charges
"donations" rather than rates. There are
several Wichita laws pertaining to
soliciting, but none specify online
activity.
"Solicitation under
the city code of Wichita requires that
the solicitation be on the public
streets of the city,"
Dan Monnat,
legal analyst and defense attorney,
said.
Monnat also says the
services being offered aren't illegal.
The law says prostitution only includes
certain acts such as sexual intercourse,
which aren't directly spelled out on the
sites.
Watch the Video
September 2007
KSN
September 17, 2007
Baby dies months after mother's murder
A baby who was delivered after his
mother was shot last spring has also
died. The family of Xavier Worley Jr.
said the four-month-old boy died Sunday
afternoon as he slept in his crib.
Steven Novotny is
awaiting trail for Starr's death. With
her baby's death comes the question:
Could Novotny face another homicide
charge?
Alexa's Law wasn't in
place at the time of the shooting and,
even if it were, it only applies to the
death of a fetus.
But another law,
dating back to the Common Law of
England, may apply. It's known as the
Born Alive Rule. If a pregnant woman's
child is born alive, then dies as a
result of any injury before it was born,
the death may be prosecuted as a
homicide.
"The big question in
any such prosecution is causation: Did
the child die from injuries inflicted by
the accused?"
Dan Monnat, KSN Legal
Analyst, said. "Probably the longer the
child lives, the better the argument the
child did not die from injuries
inflicted pre-birth."
Police say they are
waiting on an autopsy
KSN
September 12, 2007
Grand jury investigation into abortion
provider will move forward
A federal grand jury
investigation into Wichita abortion
provider George Tiller will move
forward. A federal judge has refused to
block the case.
Last week, Kansans for
Life delivered more than 7500
signatures, asking for an investigation
into whether Dr. Tiller broke state law
on late-term abortions. Tiller's
attorney's asked a federal judge to
block the investigation, saying it was
harassment, but the judge ruled it's a
matter for the state. Dr. Tiller has
been investigated by a grand jury
before, still the grand jury process is
relatively rare in Sedgwick County
court.
After the
investigation is complete, the grand
jury's deliberations are done in secret.
Twelve jurors must agree to file the
indictment. A grand jury has
investigated Tiller before. Last year
another anti-abortion group, Operation
Rescue, forced an investigation into a
19 year-old's death. And for that
reason, Tiller's attorney's
say this is not the legal
system at work, but simply harrassment.
"To convene yet
another grand jury for the purposes of a
political prosecution rather than a
professional prosecution is an abuse of
the justice system and a waste of
taxpayer’s money,"
Dan Monnat argued.
Monnat says he will
now take that argument to a state judge,
in an attempt to stop the grand jury
from convening.
KAKE
September 5, 2007
Kansans for Life Turn in Abortion
Petition
For the second time,
abortion opponents are asking for a
grand jury investigation into late-term
abortions performed at Dr. George
Tiller's clinic.
Kansans for Life
turned in petitions with nearly 8,000
signatures to Sedgwick County Wednesday
morning. The group wants the state to
investigate more than 2500 late term
abortions.
A grand jury
investigation requires a petition of
around 2400 or 2% of the registered
voters in Sedgwick County. The
signatures must be validated by the
election commissioner. From there, Chief
District Court Judge Michael Corrigan
will either accept the case or appoint
another district judge to handle the
proceedings.
Kansas Attorney
General Paul Morrison has already filed
19 misdemeanor counts against Tiller but
the group wants more.
Tillers attorneys say
Kansans for Life is just trying one more
way to harass Tiller at taxpayers'
expense.
"Dr. Tiller is
innocent of any wrongdoing and he
continues to provide high-quality health
care to women despite constant
harassment by anti-choice extremist
groups," said
Dan Monnet, one of Tiller's
attorneys.
Monnat also said, "To use the
Grand Jury process to prompt a political
persecution rather than a professional
prosecution, is an abuse of the system
and a waste of taxpayer's money."
The signatures are
expected to be validated sometime next
week.
See video player at this story's webpage:
Kansans for Life Turn in Abortion
Petition
July 2007
KAKE July
4, 2007Tillers
abortion clinic vandalized
Someone was able to get
by George Tiller's heavy security
equipment Tuesday night and gain access
to the roof of his East Wichita abortion
clinic. Vandals cut a hole through the
roof, inserted a garden hose, and
flooded the clinic.
Police say they're
looking at surveillance video to try to
determine who did this. As well as the
damage to the building, the vandals
tried to use epoxy to seal the parking
lot gate shut. Firefighters responded to
a burglar alarm at the building and were
able to get inside the gate before the
epoxy dried.
"These cowardly,
terroristic acts show no respect for the
women who choose his care and seriously
jeopardize their health. There is
substantial damage, but Dr. Tiller is
committed to staying up and running for
the women who need his health care."
said
Dan Monnat,
Dr. Tiller's attorney.
See video player at this story's webpage:
http://www.kake.com/home/headlines/8324012.html
June 2007
KSN
June 27,
2007
A partial ruling in Phill Kline's case
against Dr. George Tiller
Wichita
abortion provider, Dr. George Tiller, is
closer to being off the hook. On
Wednesday, Kansas Attorney General Paul
Morrison partially deflated the hopes of
abortion opponents by saying that at
least half of a case filed against
Tiller, by former Attorney General Phill
Kline, is flawed.
"The first thing we
noticed about the charges filed by Kline
were the glaring errors in the
affidavit," Ashley Anstaett, Morrison's
spokesperson, said.
"Kline's irresponsible
and careless treatment of the records
inhibited our investigation from day
one," Anstaett said.
"An independent,
objective investigation has been
conducted by a professional prosecutor,"
Dan Monnat,
Tiller's attorney said. "We're confident
that when the investigation has been
completed, the result will be, as we've
said all along, that Dr. Tiller is
innocent of any wrongdoing whatsoever."
"It sounds like the
defense firm of Tiller,
Monnat
and Morrison has been at work," Kline
told the Associated Press after
Wednesday's ruling.
Before this
investigation is completed, Morrison
must also rule on fifteen other charges
filed by Kline on whether or not Tiller
actually performed illegal late-term
abortions. That ruling is expected later
this week.
"Most people are
concerned about illegal late-terms
abortions, not the illegal reporting of
late-term abortions," David Gittrich,
Kansans for Life, said. He is not overly
confident that Morrison will find that
Tiller actually performed illegal
late-term abortions.
KAKE June
27, 2007
AG: Tiller Case Flawed
A criminal
case previously filed against the
state's best-known abortion provider was
based partly on incorrect or incomplete
information. A spokeswoman for Kansas
Attorney General Paul Morrison said 15
of 30 charges that the previous attorney
general filed against Doctor George
Tiller were flawed.
She said
that in eleven cases, Morrison's
predecessor Phill Kline did not include
information that he had that was
favorable to Tiller.
Dan Monnat, attorney
representing Tiller was interviewed in
the news story, made the following
statement: "All along we have said when
the whole story is told and all of the
evidence is looked at fairly, Dr.
Tiller's innocence will be clear.
See video player at this story's webpage:
Morrison Clears Tiller of Wrongdoing
KSN
May 30, 2007
Thurber writes letter to media
Justin Thurber has apparently been busy
behind bars. KSN has learned he wrote
about his case in a letter to the Ark
City newspaper.
The
headline in Ark City, “Suspect writes
letter to Traveler.” Justin Thurber
apparently writes, "I am asking you to
start printing the truth about Justin
Thurber."
The paper
did not show the letter, but we're told
it was two hand-written pages. Thurber
neither admits nor denies his role in
the crime, but does suggest police have
not released every detail in the case.
He goes on to say "Maybe Mr. Thurber not
the hardened criminal they say he is."
You
can bet these statements will
now be used as evidence.
"A
creative prosecutor can usually
find a way to insist that the
statement made is incriminating,
relevant and ought to be
admissible at trial,"
Dan
Monnat, legal
analyst, said.
Thurber is not alone. Scott
Cheever, the man accused of
killing Greenwood County Sheriff
Matt Samuels, wrote a statement
that may be used against him in
court. And B.T.K. himself wrote
several letters, including one
to KSN, after his arrest. Each
one ended up in the hands of the
state.
"Calls and correspondence are
routinely combed for statements
that can help the prosecutor
convict the inmate,"
Monnat
said.
May
2007
KAKE News
O'Reilly Takes Aim at Gov.
Sebelius
5/31/2007
"Kansas women, I think can be
comforted that they can continue
to receive health care services
without the threat that their
decisions will be subject to
government scrutiny," said Dan
Monnat.
March
2007
KSN
3/29/2007
Accused rapist seeks apology
In
early May, police were looking for a
serial rapist who was responsible
for attacking at least two women.
Just days after a sketch was
released to the media, police
arrested Joshua Fontes for the
crimes.
"It's devastating. You think about
your kids and I'm thinking about my
daughters and what they're going
through seeing it on the news,"
Fontes said. "It's being broadcast
as 'he's the man, we got our guy.'
I'm like, no, my DNA, aren't you
going to wait for results before you
start pointing fingers?"
Joshua says police released his name
to the media as the man they were
looking for and continued to
question his family. Three days
later, a DNA sample cleared Fontes
and he was released from jail, he
says, without so much as a "we're
sorry." That's why his attorneys
have filed a lawsuit.
"We
want to help Josh but there's a
second reason for filing this
lawsuit. People really need to know
that innocent people are arrested
and they're arrested often. When it
happens, unlike the rest of
civilized society, nobody says,
'Sorry, how can we help you clean up
the reputation we've damaged?'"
Don Monnat, Fontes's
attorney, said.
See video player at this story's
webpage.
KSN
3/16/2007
Murder charges in drug overdose
death
Prosecutors say 46 year old
David Knapp provided the drugs
that led to an overdose.
Now he is charged with First
Degree Murder.
Forty-six year old Frank Brown
was found dead in a Hays motel
last Halloween. Police say he
overdosed on the potent pain
medication Fentanyl. Knapp is
charged with first degree murder
for providing the drug to him.
"The allegations are that he
furnished the Fentanyl to the
decedent and the decedent then
used the Fentanyl and died,
overdosed," says Ellis County
Attorney Thomas Drees.
"If an individual commits a
felony drug sale crime and the
recipient of the drugs overdoses
then our present Kansas law will
support a prosecution for felony
murder," says KSN Legal Expert
Dan Monnat.
Knapp, meanwhile, made his first
appearance in court today. His
bond was set at $500,000.
January 2007
KSN
1/09/2007
Legislative session
begins in Topeka
Inside the Statehouse, lawmakers
officially opened their new session Monday. This year some key
issues will grab the spotlight and some of them are very familiar
topics from casino gambling to a new education debate.
Another
big issue this year is fetal
protection laws. The murder of
Wichita teenager, Chelsea Brooks,
has sparked new interest in creating
legislation that protects unborn
children. Kansas is one of few
states with no current law on the
books.
"Twice
in
the
past
20
years
the
Kansas
Supreme
Court
has
examined
whether
the
definition
of
the
word
human
being
used
in
homicide
statutes
includes
a
fetus,"
said
legal
analyst
Dan
Monnat.
"Both
times
the
Supreme
Court
has
determined
it
does
not."
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