
HUTCHINSON, Kan. — The Kansas Supreme Court Monday denied District Attorney Keith Schroeder’s motion asking for a stay or injunction over any plans to have a new mental evaluation completed for a teen convicted of killing his mother and sister. That word coming down from the high court just after 3 p.m.
Schroeder had already filed a petition against Judge Trish Rose and the Public Defender’s Office for writs of mandamus in connection with the Samuel Vonachen case. The high court had earlier ordered Judge Rose to present a brief over what legal reason she used for denying the state’s request that the 17 year old be moved to adult jail after being convicted of two counts of murder, attempted murder and aggravated arson as an adult and also asking for another mental evaluation to be conducted, instead of going ahead and sentencing him for the conviction.
Judge Rose has until Oct. 11 to file the brief with the court. Schroeder had alleged in his lastest motion that Judge Rose may be trying to arrange the mental evaluation anyway, even with the writs of mandamus pending.
Schroeder says in his motion that the teen told officials with Reno County Youth Services that he learned through his attorneys that he may have the evaluation done here in Hutchinson rather than being sent to Larned. According to the filing, Judge Rose called officials at Larned last week to see if something could be set up, however, so far, nothing is set for that to happen.
Schroeder says in the motion that he was never notified of the judge trying to set this up. He wanted the court to block any efforts for the judge and his attorneys from having that done. Schroeder had argued that there have been a number of other evaluations and that the jury rejected the mental disease and defect argument.
The jury convicted the teen of the two counts of murder for the killing of his mother and sister who died after he set fire to the family home on Sept. 26, 2013. His father was able to escape. But, he was also convicted for attempted first-degree murder for trying to kill his father and aggravated arson for setting the fire.
Again, the Kansas Supreme Court has denied any stay or injunction.