Newspaper article The Topeka Capital-Journal

Motion to Move Flack Trial Opposed

Newspaper article The Topeka Capital-Journal

Motion to Move Flack Trial Opposed

Article excerpt

The county prosecutor in the capital murder case of Kyle Trevor Flack is urging a Franklin County District Court judge to rule against a defense motion to move the Flack trial from that Ottawa courtroom to another county.

"The defendant has not presented sufficient enough evidence to meet the high burden of proof" tied to nine factors linked to moving a trial, said Franklin County Attorney Stephen Hunting.

On Wednesday, Hunting filed a response to Flack's motion for a change of venue in the case.

Flack, 30, was bound over March 12, 2014, on charges of capital murder in the slayings of Kaylie Smith Bailey, 21, and her daughter, Lana-Leigh Bailey, 18 months; the premeditated first-degree murders of Andrew Adam Stout, 30, and Steven White, 31; and criminal possession of a firearm by a felon.

According to Franklin County court records, Stout was killed April 29, 2013; White was killed between April 20 and 29, 2013; and the mother and daughter were killed May 1, 2013. If convicted of capital murder, Flack could be sentenced to death.

In the change-of-venue motion, death penalty defense unit attorney Timothy Frieden contended the jury trial of Flack should be moved outside Franklin County because Flack can't get a fair trial there.

The number of potential jurors in Franklin County is between 15,000 and 20,000 people, and "pretrial publicity" has prejudiced the county's jury pool, Frieden said a Flack defense study shows. In short, the chances to pick an impartial jury are low, the change-of- venue motion says.

The 11-page motion to move the Flack trial doesn't suggest where Flack should be tried.

"The likelihood of assembling an impartial jury in Franklin County is very low," Frieden wrote.

Hunting noted Kansas statute and Kansas Supreme Court rulings allow a judge to move a trial to another county if prejudice against the defendant is so great he can't receive a fair and impartial trial. …

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