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.