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Retrial Expected in Capital Murder Case

court-gavel-300x192.pngAP) — A Kansas prosecutor says he’s planning to retry a capital murder suspect rather than ask the U.S. Supreme Court to reinstate the man’s convictions for killing two women in Topeka.

The Kansas Supreme Court overturned Phillip Cheatham Jr.’s convictions in January, finding that his lawyer did a poor job at his 2005 trial.

Shawnee County District Attorney Chad Taylor announced Tuesday his conclusion that it would be “ill-advised” to appeal the state court’s ruling.

Cheatham was sentenced to die for the 2003 shooting deaths of two women at a Topeka duplex. He was also convicted of lesser charges for wounding a third woman.

Humane Society Annual Meeting, Special Birthday Celebration

Humane Society of the High PlainsMembers of the Humane Society of the High Plains are invited to the Annual Meeting on Sunday at 1:30 p.m.at the Virginia Miller Animal Shelter, 2050 East Highway 40. After a short meeting, the members and general public may honor Morris, the shelter cat, for his 25th birthday.
Members must be current to vote on the slate of officers and board members. They may renew that day. Officers nominated are Wayne Aschwege, president; Dayna Schmidt, vice president; Abbie Bainter, secretary; Marilyn Marshall, treasurer. Board members nominated are Sherry Leiker, Tobi Neuburger, Heather Holliman-Pope and Marilyn Marshall. Nominations may be made from the floor.
Following the short meeting, everyone is invited to join Morris for his 25th birthday reception. He is the senior shelter cat and has been a working member of the staff for 25 years. His Board of Directors will be serving cake, cookies and punch in his honor. He has requested tuna-flavored ice cubes for the feline staff.
Birthday gifts are not necessary, but Morris will accept donations to the Morris Fund. As a former stray, he wants to help spay and neuter shelter animals, so they will be more adoptable. He also will accept Puppy Chow and Kitten Chow in anticipation of the spring influx of baby animals.

Hays Police to Conduct Special Training Exercise

The Hays Police Department  is set to  conduct Special Situation Response Team Training on Thursday afternoon and evening.Hays police car

Their work will be done  at 1010 Reservatoin Rd. Lot J15.

Police officers will be training with special tactical equipment. This training is being done with great care and safety.

Police are advising that  local resident  may see law enforcement officers in training activities but there is no need to be alarmed. The officers are merely conducting a realistic training exercise and there is no danger to the community.

 

Roberts: Restoring Integrity to Our Government Act

Senator Pat Roberts

WASHINGTON, DC – U.S. Senator Pat Roberts today introduced two bills to protect the economy from misguided regulations by requiring cost benefit analysis and further measures to inform the public about proposed regulations and their consequences.

“After speaking with many Kansans about the effects of misguided federal regulations on their businesses and communities, we examined the process of issuing regulations and determined that many of the most egregious regulations can be avoided if a simple cost benefit analysis is done. I think most Americans are shocked to learn that this is not already required.”

Roberts’ first bill, The Restoring Honesty for our Economy Act, requires agency heads to submit to the Office of Management and Budget (OMB) a cost benefit analysis on regulations that are deemed “economically significant.” Economically significant regulations adversely affect the economy or have an effect of $100 million or more. Under Roberts’ bill, regulations may not be finalized until this information is included. Bill text here.

Roberts’ second bill, The Restoring Integrity to our Government Act, takes it one step further and requires agencies to enumerate the reasons for a declaring a regulation significant. Bill text here.

“In hearing after hearing and meeting after meeting,” Roberts said. “I will ask the Administration why a regulation is significant, and they can’t tell me. Then my question is always, ‘well, why do we need it then?’ If they are proposing the regulation, we need to know the impact and the unintended consequences in the real world.”

According to the President’s Executive Order 12866, a regulation is deemed “significant” by the following four criteria:

having an annual effect on the economy of $100 million or more in any one year, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities (also referred to as “economically significant”);
creating a serious inconsistency or otherwise interfering with an action taken or planned by another agency;
materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
raising novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order.

Roberts’ bill requires agencies to inform OMB the reasons a regulation meets one or more of these criteria.

These bills are the latest effort by Roberts to eliminate regulations that harm the economy and slow economic growth. Senator Roberts is an outspoken advocate for the elimination of ridiculous and burdensome regulations issued by the agenda driven Obama Administration. From the School Lunch Program to healthcare, Roberts has fought this executive overreach and won. He has also introduced legislation, S. 191, the Regulatory Responsibility for our Economy Act to put the power of law behind the President’s widely touted, but largely ignored, executive order directing federal agencies to review their regulations ensuring they cause no harm to the economy or job creation. This bill has 35 cosponsors. Roberts has also introduced a bill to end costly and excessive regulation at the EPA, S. 175.

Roberts is a senior member of the Senate Committee on Finance, the Senate Committee on Agriculture, Nutrition and Forestry, and the Health, Education, Labor and Pensions Committee.

Doctor Charged with Unlawfully Prescribing Drugs

pills-150x150A doctor in Manhattan, Kan., has been charged with unlawfully prescribing prescription drugs, U.S. Attorney Barry Grissom said today.

Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kan., is charged with one count of conspiracy to illegally distribute controlled substances.

A criminal complaint filed today in U.S. District Court in Topeka alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. The indictment alleges that Schuster was out of the office when a total of 542 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, oxymorphone, fentanyl, amphetamine salts, tapentadol, methadone, methylphenidate, hydrocodone, diazepam, alprazolam, zolpidem titrate and clonazepam.

According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations. As a result, several patients had overdosed on their medications and Riley County Police were investigating the diversion of prescription drugs. Simultaneously, physicians and hospital staff at Fort Riley voiced concerns to Army Criminal Investigative Division that active duty soldiers and family members who died from overdoses were patients of Schuster. Investigators examined records indicating Schuster prescribed unusually high dosages of scheduled narcotics despite questionable medical necessity and allowed his patients to get early refills of controlled substances.

The affidavit states that in order to prescribe controlled substances in a legal manner a physician must meet with a patient to determine that the medication being prescribed is for a legitimate medical purpose. Only licensed health care professionals including physicians and physician assistants can lawfully issue prescriptions for controlled substances.

Investigators documented various prescriptions bearing Schuster’s signature while he was on trips to Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, and Israel.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years. Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security – Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

Kansas Man Gets Life Sentence under Jessica’s Law

Elk County KSA Longton Kansas man was sentenced Monday to life in prison without the possibility of parole for 25 years under Jessica’s Law, after being convicted on charges of child sex crimes, Kansas Attorney General Derek Schmidt said.

In November 2012, an Elk County jury convicted James William VanRoyen, 27, of nine counts of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, one count of criminal sodomy, one count of aggravated indecent solicitation of a child, one count of indecent solicitation of a child and three counts of sexual battery.

District Judge Michael E. Ward handed down the sentence in Elk County District Court.

The crimes were committed between November 2006 and November 2011 against three victims. The charges stemmed from an investigation by the Elk County Sheriff’s Office. Sunlight Child Advocacy Center in El Dorado conducted forensic interviews of the victims. Assistant Attorney General Lee J. Davidson of Schmidt’s office and Elk County Attorney Kimberly B. King prosecuted the case.

Updated Moisture Totals

This morning, the Kansas State Ag Research Center South of Hays had recorded 2. 5 inches of snow over the past 24 hours and .32 of an inch of moisture. That is 1.05 inches of moisture for the month of April and 3. 78 inches for the first four months of 2013.

View I-70 East of Hays 7:45 a.m.
View I-70 East of Hays 7:45 a.m.

Local Restaurant on Tax Delinquency List

 

Professors Restaurant, 522 E 12th St, Hays is listed on the Kansas Dept. of Revenue Delinquency page
Professors Restaurant, 522 E 12th St, Hays is listed on the Kansas Dept. of Revenue Delinquency page

Professors Steak House 522 E 12th Street in Hays is on the Kansas Department of Revenue Tax Delinquencies list.  The Restaurant is closed

Owner Mike Kisner has not responded to calls about the situation.. Click on the tax delinquency item to take a closer look at the list.

Water Tower Accident UPDATE

Emergency Crews working to rescue a man in Solomon, Kansas today
Emergency Crews working to rescue a man in Solomon, Kansas today

Emergency Crews in Solomon,  Kansas are working to rescue a man who fell into the city water tower today. Eagle News has been touch with Dickinson County Emergency Management to get additional information.

3:45 p.m. A 52 year old man fell about 30 feet inside the water tower in Solomon early Tuesday afternoon while apparently doing maintenance work. The tower had been drained of water.

Salina Fire Marshal Roger Williams says The incident occurred around 1 PM, and Dickinson County officials called for assistance from the Salina Fire Department Technical Rescue.

Williams said the first thought was to use the Department’s ladder truck, but with the snow and muddy conditions around the tower, the man was brought down through a center tube of the tower about 100 feet and then transported to Salina Regional Health Center by Dickinson County EMS. He was complaining of back pain.

Williams did not know if the man was a worker for the city of Solomon or employed by a private firm.

Williams said it took about 45 minutes to an hour to bring the man down to the ground.

 

Moran: Politics Playing Significant Role in FAA Cuts (VIDEO)

Today, U.S. Senator Jerry Moran (R-Kan.) held a bipartisan press conference, along with his Protect Our Skies Act cosponsor Richard Blumenthal (D-Conn.), on the handling of Federal Aviation Administration’s (FAA) disproportionate sequestration cuts. He addressed the Obama Administration’s short-sighted decisions to close 149 FAA Contract Control Towers and furlough air traffic controllers, and stated that politics is playing a significant role. Highlights of Sen. Moran’s remarks can be found below, along with links to download and satellite coordinates:

Sen. Moran: “I think the Administration does have the flexibility to make decisions about prioritizing spending within the FAA and the Department of Transportation, but if they do not – the surprising thing to me is that this President doesn’t even ask for the ability to reestablish the priorities.”

Sen. Moran: “There was satisfactory explanation as to why the Administration opposed our amendment, and it certainly has led to the speculation by many – Republicans and Democrats – that there is an effort afoot to try to demonstrate that sequestration is something that is so painful it cannot be accomplished without dramatic consequences… I didn’t vote for sequestration…I’m not here to defend the process that we’re going through as far as sequestration – I am here to say there is a better response by an administration than the one we’ve seen.

Sen. Moran: “If the Administration is trying to make the political point that sequestration is difficult to accomplish – that it’s very damaging to the public, to the American citizen – this is not a place to make that point. Let’s have the debate about sequestration, let’s have the conversation about whether or not we can afford a reduction in the growth in spending, but let’s not put those who travel in this country’s safety at risk to prove that political point. To me, it certainly seems as if politics is playing a significant role in determining what actions the FAA is taking – and every indication I have from conversations with my colleagues is that it emanates from the White House.”

Holub and Beltz Named MIAA Softball Athletes of the Week

FH-SB-Holub-BeltzjpgFort Hays State softball players Maddie Holub and Tori Beltz were named the MIAA Softball Athletes of the Week on Tuesday (Apr. 23). For an impressive seventh time this year, Holub was named the Pitcher of the Week, while freshman Tori Beltz collects her first career Hitter of the Week honor.

Holub had another stellar week in the pitching circle, coming just one out shy of throwing back-to-back no hitters on the road over the weekend. She pitched her fourth no-hitter of the season at Southwest Baptist, facing just one batter over the minimum with 13 strikeouts and just one hit batter. It was the fifth complete game no-hitter of her career. She also had a no-hitter all the way to the final out at Central Missouri, going 6.2 innings before allowing her only hit of the week, a double to Jackie Prater. She faced just two batters over the minimum against UCM, also allowing a walk in the first inning, and struck out 12. For the week Holub was 2-0 with two shutouts, a 0.00 ERA, and 25 strikeouts in 14 innings, averaging 12.5 strikeouts per seven innings. Holub now has 10 shutouts on the season. She is 22-1 overall for the season and helped Fort Hays State break the school record for most wins in a season with the team’s 36th victory in game one at SBU.

Beltz was a difficult out for opponents last week, hitting .727 with two doubles, a home run, three RBI, and two runs scored. She had a slugging percentage of 1.182 and on-base percentage of .769. Beltz reached base in her first 11 plate appearances for the week and she recorded hits in eight consecutive at bats from game one against Southwest Baptist on Saturday through game one against Central Missouri on Sunday. In game one against SBU, she reached by error and walk in her first two at bats, then recorded a double and a single. She followed in game two with a two-run home run and two singles, going 3-for-3 in the game. She remained hot in game one against Central Missouri, starting the game with a double and two singles before getting walked in her fourth at bat, going 3-for-3 for the second straight game. Her streak of reaching base in 11 straight plate appearances was snapped in game two against UCM.

-FHSU Sports Information-

KHAZ Country Music News: Brad Paisley Will Guest Star on “Nashville” Season Finale

khaz brad paisley 20130404Brad Paisley will appear on the season finale of ABC’s Nashville. TV’s Extra reports he will play himself and perform with Connie Britton‘s Rayna and Charles Esten‘s Deacon.

Brad’s wife, Kimberly Williams-Paisley, who has a recurring role on the show as Peggy Kenter, will also appear in the Nashville season finale, scheduled for May 22.

Copyright 2013 ABC News Radio

 

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