HUTCHINSON, Kan. — District Attorney Keith Schroeder has filed a petition against Judge Trish Rose with the Kansas Supreme Court. The petition for writ of mandamus is in connection with the Samuel Vonachen case.
The high court is being asked with the writ of mandamus to force Judge Rose to move the 17 year old from the Reno County Juvenile Facility to the Reno County Correctional Facility, arguing that he was convicted as an adult. Schroeder argues the judge has no legal authority to require the juvenile facility to house him there without its consent.
Schroeder also argues that he wants the high court to order Judge Rose to go ahead with sentencing and skip another mental evaluation as part of the pre-sentence investigation. Schroeder says that there is no need with many other evaluations done and that Vonachen has already been diagnosed as being a psychopath. He believes that her ordering another evaluation is a slap in the face to the jury that rejected the mental disease and defect defense. Schroeder tells us that there is no treatment or cure for being a psychopath. Plus, Schroeder doesn’t believe Judge Rose has the legal authority to deviate from the presumed life imprisonment sentence to an alternate disposition.
The state had earlier filed a motion to move the teen after Judge Rose denied its immediate request for the move after the verdict was read, but that was denied.
Meanwhile, the defense earlier this month filed a motion to have Youth Services Director Bill Hermes found in contempt of court because the teen has been housed in segregation. There is a motion hearing in the case scheduled for Friday morning, but Schroeder indicated that this has been continued.
The jury convicted Vonachen of two counts of first-degree 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. He was also convicted for attempted first-degree murder and aggravated arson.
TOPEKA, Kan. (AP) — The Latest on the Kansas Supreme Court’s hearing on a school funding lawsuit (all times local):
11:55 p.m.
Kansas Supreme Court justices have briefly considered whether the state could pay for a suitable education for every child by shifting funds out of programs for gifted students.
The court heard arguments Wednesday in a lawsuit filed in 2010 by four school districts. They argue that the state’s nearly $4.1 billion a year in aid to its 286 school districts is not enough to provide a suitable education for every child.
Justice Dan Biles suggested during the arguments that the court might have to target its order to helping underachieving students.
State Solicitor General Stephen McAllister said school districts might be able to help underachieving students by taking money out of Advanced Placement courses. But he said he wouldn’t want that to happen and educators rejected the idea.
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11:15 a.m.
A Kansas Supreme Court justice is suggesting that an order from the court on education funding might have to be targeted to help underachieving students in the state’s public schools.
Justice Dan Biles raised the issue Wednesday during arguments before the court in a lawsuit filed by four school districts in 2010. The districts argue that the state’s nearly $4.1 billion a year in aid to its 286 school districts is not adequate.
Biles questioned districts’ attorney Alan Rupe about his argument that the state needs to boost its annual spending by $800 million. Rupe said a third to half of the state’s public school students are struggling.
But Biles said the state constitution appears to require the state to target struggling students because others already receive an adequate education.
10:25 a.m.
An attorney for four Kansas school districts has told the state Supreme Court that too many students are being left behind in their educations because the state isn’t spending enough money on its public schools.
Attorney Alan Rupe argued Wednesday before the justices that legislators have failed to meet their duty under the state constitution to provide a suitable education to every child. The state’s annual aid to its 286 districts is nearly $4.1 billion, but Rupe suggested that falls about $800 million a year short of being adequate.
Rupe said that students’ test scores on standardized English and math scores show that between a third and half of them are struggling.
The state argues that its education system compares well with those in other states and that funding is adequate.
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9:35 a.m.
Kansas Supreme Court justices are expressing skepticism with the state’s arguments that its current education funding is adequate as they consider a lawsuit filed by four local school districts.
Chief Justice Lawton Nuss and four other justices on the seven-member court on Wednesday peppered state Solicitor General Stephen McAllister with questions after he suggested that the high court should defer to the Legislature.
The state argued that its annual aid of nearly $4.1 billion a year to its 286 districts is sufficient for legislators to meet their constitutional duty to provide a suitable education for every child.
Several justices pointed to data from state standardized tests suggesting many children aren’t on track to be ready for college and they challenged McAllister when he suggested spending isn’t necessarily crucial to student performance.
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9:15 a.m.
The Kansas solicitor general has opened his arguments on an education funding case before the Kansas Supreme Court by telling the justices that the Legislature is entitled to substantial deference in its decisions about how much to spend on public schools.
Solicitor General Stephen McAllister appeared Wednesday before the court in a lawsuit filed in 2010 by four school districts. The state is trying to persuade the court that the state’s annual aid of nearly $4.1 billion a year to its 286 districts is sufficient.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas districts argue that legislators are hundreds of millions of dollars short each year in fulfilling their constitutional duty to give every child a suitable education.
A lower-court panel sided with the districts. The state appealed.
Packed court room on Wednesday to hear the school funding arguments
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TOPEKA, Kan. (AP) — Attorneys for cash-strapped Kansas are trying to persuade the state Supreme Court not to order hundreds of millions of dollars in additional aid each year for schools.
But lawyers for four poorer local school districts, who will present arguments before the court Wednesday, say they are confident the judges will side with them.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued in 2010. They contend legislators aren’t providing enough aid to give every child a suitable education, as required by the constitution.
The six-year legal dispute has brought the court into repeated conflict with GOP conservatives who control the rest of state government.
The justices are considering whether the state’s nearly $4.1 billion in annual aid to school districts is sufficient or up to $1.4 billion short.
Another Oklahoma earthquake shook parts of Kansas overnight.
The 4.3 magnitude quake, just before midnight, was centered northwest of Medford, OK, according to the USGS.
No damage or injuries have been reported.
At approximately 5:30p.m. on Monday, a 2.6 magnitude quake was reported in Pawnee, Oklahoma. On September 3, a 5.6 magnitude quake near Pawnee was felt across Kansas and in 5 other states
TOPEKA, KAN. – James Harker of Leon, Kansas, is the winner of his choice of three great “muscle cars” in the Kansas Lottery’s Fast Money Grand Prize Event held at the Kansas State Fair.
Harker gets to choose one of three beautiful new cars for his prize: a Ford Mustang, Chevrolet Camaro or Dodge Charger. Harker said he will pick the Camaro.
The grand prize, which includes state and federal income withholding taxes and all initial fees for the vehicle, is valued at approximately $70,855.
The Fast Money Grand Prize Final Event was held in the grandstand during intermission of the Outlaw Truck & Tractor Pull. Each of the ten finalists, in the order in which they were drawn in the four preliminary drawings, picked one of ten coolers to open. Nine of the coolers displayed a $1,000 cash prize, and one cooler had a sign that said “Car!”
The nine finalists who each received a $1,000 cash prize included John Smith of Hutchinson
RENO COUNTY – A Kansas man was injured in an accident just before 9p.m. on Saturday in Reno County.
The Kansas Highway Patrol reported a 1981 Harley Davidson Motorcycle driven by James Harmon, Sr., 54, Wichita, was eastbound on Kansas 96 just west of Mayfield.
The motorcycle struck the trailer of a 2006 Ford F150 driven by Casey J. Storment, 34, Wichita.
The collision caused Harmon to lose control of the motorcycle.
It overturned, went into a skid and he was ejected.
Harmon was transported to St. Francis Medical Center. He was not wearing a helmet, according to the KHP.
HUTCHINSON, Kan. — The state failed in its effort to get the 17 year old convicted of two counts of murder, attempted murder and aggravated arson to be moved to the county jail from juvenile detention.
Judge Trish Rose ruled that she believes there hasn’t been a problem with Samuel Vonachen being housed in Reno County Youth Services and also noted that, once he’s sentenced, he would be housed in a juvenile facility until he turns 18. He would then be sent to an adult facility.
Judge Rose also ordered an additional mental evaluation as part of the pre-sentence investigation, which could take up to 120 days to complete. There is no indication that he would be sent right away, so it may be some time before the actual sentence in the case is handed down.
District Attorney Keith Schroeder argued against the new evaluation noting that the jury didn’t buy the fact that he suffers from any mental disease or defect. He also noted that the director of Reno County Youth Services, Bill Hermes, no longer wants the teen in that facility and that he should be moved to the Reno County Correctional Facility. Schroeder believes him to be a danger to the others being housed in youth services, calling him a sociopath.
Reno County Counselor Joe O’Sullivan also noted that Hermes doesn’t want him in the facility and told the judge that Sheriff Randy Henderson has no responsibility for the teen while in the youth services facility.
The defense, as you would expect, agreed with the judge’s rulings. Attorney John Henderson noted that Reno County Youth Services, also known as Bob Johnson’s, was built for juvenile offenders to keep them separate from adult offenders. He also noted Vonachen has been a model inmate since his arrest and housing in that facility. Schroeder fired back that isn’t necessarily the case, but admits they didn’t dispute the defense claim at trial. Plus, Schroeder says, he was convicted as an adult.
After hearing all the arguments from the three attorneys, Rose stood by her ruling she announced at the beginning of the hearing. Therefore, the sentencing is on hold.
The jury last Wednesday convicted the teen on the murder counts and the killings 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.
When the sentencing is rescheduled, we’ll let you know and of course be there to cover it.
HAYS, Kan. — Eagle Communications, Inc., the parent company of Hutchinson radio stations KWBW, KHMY and KHUT , has been recognized as the 2017 Heart of America “ESOP Company of the Year.” The Heart of America ESOP Association presents this award annually to a company that embodies employee-ownership.
“We are honored to have received this award and be considered one of the companies that have laid the foundation for what it means to be Company of the Year,” said Eagle Communications President and CEO Gary Shorman. “We were recognized for our internal and external promotion of ESOPs; the various ways we educate, share and participate in the ESOP throughout the year and our continuous involvement to stay connected in the communities we serve.” An ESOP, or Employee Stock Ownership Plan, is designed so that each eligible employee shares in the ownership of a company.
Each year, Eagle Communications allocates a percentage of its profits to the employee-owners, similar to a profit-sharing plan.
In addition to being named “ESOP Company of the Year,” Eagle employee-owner, Andrea Clinkscales was also recognized by the Heart of America Chapter as runner up for “Employee-Owner of the Year.” She was recognized for her work to promote the ESOP within Eagle and efforts making Eagle’s ESOP recognized nationally in the ESOP Association community.
HUTCHINSON, Kan. — The Hutchinson City Council was put on notice by a local business owner who has threatened legal action by his business and others unless the city tries to renegotiate the fees assessed with the storm water utility.
Greg Dovel was before the council stating that he will file a class-action lawsuit against the city and request a full audit of every department if the city does not come to the table. The utility was put in place to help fund an overload of needed infrastructure repairs. Those repairs at today’s cost total about $60 million.
Dovel wanted to stress to the council that he is not against the utility, only the way it is being implemented and how it affects businesses. Council members said they sympathize with business owners, but, with a rapidly deteriorating storm sewer system, such action needed to be taken and could no longer be kicked down the road.
Dovel demanded that the Council make a decision on what to do with the fee within five days. The Council said it would take up the issue again at its next meeting, which is set for Sept. 20.
MANHATTAN, Kan. — If you come to the Kansas State Fair, one of the things you’ll be able to do is ride in a virtual combine, sift grain between your fingers and milk Blossom, the mechanical dairy cow, in Agriland. They will be located in the Pride of Kansas building where the cooperative agriculture education exhibit will provide an interactive experience for children to learn more about agriculture.
Visitors have the opportunity to touch different Kansas-grown grains, “drive” a combine, walk through the soil tunnel trailer for an under-the-scenes look at Kansas soils, and much more.
Agriland will be open Friday daily from 9 am to 9 pm except for the final Sunday when the hours will be from 9 a.m. to 7 p.m.
Teachers who visit Agriland can sign up for free lesson plans provided by the Kansas Foundation for Agriculture in the Classroom. These lesson plans connect classrooms to Kansas agriculture by exploring various facets of agriculture and learning how agriculture is important and full of opportunities.
For more information about Agriland, check out the exhibit’s Facebook page at www.facebook.com/kansasagriland.
An earthquake shook most of Kansas awake just after 7 a.m. on Saturday. Preliminary reports indicate the quake measured 5.6 on the Richter, according to the USGS and was centered near Pawnee Oklahoma, approximately two hours south of Wichita.
Did you feel the earthquake this morning? Computer monitors and a few other things were were shaking at our office. #earthquake#nwsddc
