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State Rep. Boldra on the Special Legislative session

Tuesday, Sept. 3, we returned to the state house to clean up the “Hard 50” murder-sentencing bill that had been scrutinized by the U.S. Supreme Court decision in

Boldra 2Alleyne v. U.S. (June, 2013).

I arrived at my office in the capitol around 6:30, as I had done all last session, set up my computer, checked the office and prepared for the day.  I walked across the 3rd floor and into the Speaker’s office and visited with a group of state senators and representatives who had gathered there.

At 8:00 a.m. our session began. Following the opening prayer, I was given the honor of leading the chamber in the flag salute.  The business of the special session and the day were read by the clerk.  After a brief meeting we recessed while the judicial committee reviewed the proposed bill and some changes that had been suggested.  During recess, a number of groups were holding meetings.  I attended an informational orientation presented by the Kansas Department of Commerce concerning their activities throughout the state and in our communities, and an overview of the department and its budget.

Following the meeting, we went to lunch and another meeting held to discuss education policy and the 2014 legislative session.  We returned to the floor of the House chamber at 2:00 to review the progress of the judiciary committee and to recess to caucus in our respective partisan groups.  We were informed of the suggested changes to the bill, questions were raised, suggestions were made, and we were dismissed to return to the chamber at 3:30.

Upon our return to the chamber, a hard copy of the new bill was on our desks.  The new bill meets the U.S. Supreme Court’s decision that juries, not only judges, must approve a hard-50 sentence – that a convicted murderer can’t be up for parole for at least 50 years. There were two attempts to amend the bill.  One amendment would have included “Jessica’s law” convictions in the Hard 50 sentencing and the other concerned voting restrictions.  The first amendment was certainly reasonable, but the body felt that it should be considered in the regular session through the committee process and finally to both houses for a vote. The second suggested amendment was not found to be germane to the original bill and was withdrawn.

The new bill passed the House by a vote of 122 – 0 (3 members were absent), and we adjourned for the day a little after 5:00 p.m.

The Senate was busy with an appellate judge confirmation on Tuesday.  Wednesday, they will take up the business of the Hard 50 bill.  We were all invited to a barbecue at Cedar Crest, the governor’s mansion, after adjournment where Governor Brownback congratulated the House on getting their part of the job completed in a day and challenged the Senate to do the same.

On Wednesday, we will again gavel in at 8:00 a.m.  Our job will be, primarily, to wait for the Senate to get its work done, so that both houses can agree on the bill.  If the Senate makes any changes to the bill that we passed, then we will have to iron out the differences in order to pass the same bill in both chambers.

All in all, it was a great day to represent the people of the 111th district and the people of Kansas.  Thank you for the opportunity.

 

Ohio man who held women captive is dead

Ohio corrections officials say Ariel Castro, who held three women captive in his home for nearly a decade, has committed suicide at a state prison facility.Screen Shot 2013-09-04 at 7.00.03 AM

Spokeswoman JoEllen Smith says 53-year-old Castro was found hanging in his cell around 9:20 p.m. Tuesday at the Correctional Reception Center in Orient. Prison medical staff performed CPR before Castro was transported to a hospital, where he was pronounced dead.

The three women disappeared separately between 2002 and 2004, when they were 14, 16 and 20 years old. They escaped May 6, when one of the women broke part of a door and yelled to neighbors for help. Castro was arrested that evening.

Castro was sentenced August 1 to life in prison plus 1,000 years on his guilty plea to 937 counts including kidnapping and rape.

Fort Hood shooter forcibly shaved at Kansas prison

(AP) — The Army psychiatrist sentenced to death for the Fort Hood shooting rampage has been forcibly shaved, an Army spokesman said Tuesday.

Maj. Nidal Hasan
Maj. Nidal Hasan

Maj. Nidal Hasan began growing a beard in the years after the November 2009 shooting that left 13 dead and 30 wounded. The beard prompted delays to his court-martial because it violated Army grooming regulations. He was convicted of all charges last month at his court-martial at the Central Texas Army post and sentenced to death.

Now, Hasan is an inmate at the U.S. Detention Barracks at Fort Leavenworth, Kansas, home to the military death row. Lt. Col. S. Justin Platt, an Army spokesman, said in a statement Tuesday that Hasan had been shaved. He did not specify when or provide details, however.

Officials at Fort Leavenworth previously had said Hasan would be subject to Army regulations.

Hasan dispensed with all criminal defense counsel and represented himself during his trial. A message left with John Galligan, Hasan’s first criminal defense attorney who still represents him in civil matters, was not returned.

Hasan said he grew the beard because his Muslim faith required it and was not meant as a show of disrespect. However, Col. Gregory Gross, the original judge presiding over Hasan’s court-martial, ordered Hasan to be clean-shaven or be forcibly shaved before his trial.

The dispute over that decision led to appeals that delayed the trial by more than three months before the appeals court ousted the judge. The appeals court ruled that Gross did not appear impartial while presiding over Hasan’s case and that the command, not a judge, is responsible for enforcing military grooming standards.

Col. Tara Osborn, assigned to replace Gross as the judge presiding over the case, allowed Hasan to keep the beard for the course of the trial last month. However, she warned that although she would not hold the breach of grooming regulations against the 42-year-old American-born Muslim, the military jurors might.

 

 

Report: Some Kansas crops maturing slowly

(AP) — A new report from the National Agricultural Statistics Service shows the Kansas corn crop maturing far more slowly than normal.Agriculture - Corn 001

The agency said in its weekly update Tuesday that just 4 percent of the crop has matured, well behind last year’s figure of 60 percent and an early-September average of 33 percent.

Corn condition is rated as 30 percent poor to very poor, while 31 percent is considered in fair shape. About 32 percent of the crop is in good condition, and 7 percent is rated excellent.

About 30 percent of the sorghum is turning color now. About 83 percent of the soybeans are setting pods.

 

Two women injured in Tuesday afternoon accident

Two women were injured in a Tuesday afternoon crash in Graham County.

According to the Kansas Highway Patrol Sixty year old Nalini Padala Reddy of Hill CityKHP was driving a 2010 Honda Odyssey southbound on Pomeroy, one block north of US 24 when she hit a westbound Mercury Sable driven by Beverly Jones Penley of Dothan, Alabama.

The Sable failed to yield at the stop sign and pulled out in front of the Odyssey. Reddy and Penley were both transported to the hospital in Hill City. Both were wearing seat belts.

Kansas House rewrite of ‘Hard 50’ law update

AP) — The Kansas House has approved changes to a state law that automatically imposes a 50-year sentence on some convicted murderers, a move sparked by a Kansas capitolrecent U.S. Supreme Court decision striking down a similar law in Virginia.

Tuesday’s 122-0 vote came on the first day of a special session called by Gov. Sam Brownback to fix the state’s so-called Hard 50 law. The legislation — which puts the sentencing process in the hands of juries — now goes to the Senate, which is expected to approve it Wednesday

Kansas adopted the Hard 50 sentence in 1990, after the Legislature rejected the death penalty but sought to ensure long prison terms for certain murders.

 

Kansas lawyer faces hearing over tweets

AP) — A former Kansas Court of Appeals research attorney faces a disciplinary hearing for derogatory comments she tweeted during the same kind of hearing last Twitteryear for former state Attorney General Phill Kline.

The hearing for Sarah Peterson Herr was scheduled Tuesday for Dec. 20.

Herr posted the comments last Nov. 15 while Kline was appearing before the Kansas Supreme Court in a disciplinary hearing. The court was considering whether to suspend Kline’s law license for his conduct during investigations of abortion providers while he was attorney general and Johnson County district attorney.

Herr apologized and was fired a few days later. She had worked since 2010 for a Court of Appeals judge and was promoted the following year to research attorney.

 

Celebrate Recovery Sponsors Free Movie (watch the Trailer)

The movie  “Home Run” will be shown for free at 7 & 9:15pm on Friday September 6th at the FOX Pavilion in Hays. After years of hard partying and reckless living, a DUI and team suspension, professional baseball player Cory Brand makes a desperate effort to save his career. Forced to coach the local Little League team and spend eight weeks in a faith-based recovery program, Cory must face old wounds, new adversaries . . . and the love he left behind.

The movie’s message of hope in confronting addictions of every kind offers timely help. The U.S. Department of Health and Human Services says more than 18 million Americans struggle with alcohol addiction, 3.6 million with drug addiction and 16 million with compulsive sexual behavior. Clearly the need is there for help and encouragement in battling addictions. Celebrate Recovery, founded 20 years ago at Saddleback Church in California as a Christian 12-step program, already counts 19,000 chapters worldwide including Celebration Community Church in Hays which meets on Mondays at 7pm.

But in addition to offering hope to any family affected by addictive behavior, HOME RUN scores as an entertaining movie as well, with humor, drama, romance and baseball. It features an exciting cast including Scott Elrod and Vivica A. Fox .

Christian author Max Lucado writes, “Home Run” reminds us of the power of forgiveness, the richness of redemption and the wisdom of trusting God to revive us.”

The film is rated PG.

For more information about “Home Run” or Celebrate Recovery contact Dan at 785-738-8826

 

Two Men Sentenced for Social Security Fraud

Two men have been sentenced in separate federal cases for Social Security fraud, U.S. Attorney Barry Grissom said Monday.
court
The men, L. T. Baker, 54, Wichita, Kan., and Paul David Lieder, 40, Hillsboro, Kan., each had pleaded guilty to making false statements to the Social Security Administration in order to receive disability payments to which they were not entitled.  Both were sentenced Monday in U.S. District Court in Wichita.

Baker was sentenced to one year in federal prison and was ordered to repay the Social Security Administration $66,354 — benefits he received while claiming to be disabled.  Baker had been gainfully employed since 2000 but used a second Social Security account number that had been issued to him in a slightly different name so that the Social Security Administration would not know he was employed.  Baker’s fraud came to light when the Kansas Department of Revenue discovered there were two Social Security numbers associated with Baker and reported that information to the Social Security Administration Office of Inspector General, which investigated both cases.

Lieder was sentenced to three years of probation and ordered to repay $24,000 to the Social Security Administration. He admitted using his father’s Social Security number so that he could work without the Social Security Administration finding out.  When Lieder’s father applied for Social Security benefits, the Social Security Administration detected that Lieder had been using his father’s number to defraud the disability program.

Grissom praised the Social Security Administration’s Office of Inspector General for its investigation of the cases and Assistant U.S. Attorney Brent Anderson for his prosecution.

Court nominee faces state Senate panel’s questions UPDATE

4p.m. Tuesday  AP) — A Kansas Senate committee has approved Gov. Sam Brownback’s nomination of his chief counsel for an open seat on the state Court of StegallAppeals.

The Judiciary Committee’s voice vote sends the nomination of Caleb Stegall to the full Senate. The chamber is expected to debate and vote on the appointment Wednesday.

Republicans dominate the committee and the full Senate, so the GOP governor’s nomination of Stegall wasn’t likely to meet much opposition.

But he faced questions about comments in 2005 in an online magazine he edited that encouraged “forcible resistance” to court orders in order to save the life of a brain-damaged Florida woman.

Stegall said during a Judiciary Committee hearing that the comments in The New Pantagruel about the Terri Schiavo case were an endorsement of civil disobedience.

 

(AP) — Gov. Sam Brownback’s chief counsel faces questions from state senators ahead of a committee vote on his nomination to the Kansas Court of Appeals.

Tuesday’s Judiciary Committee hearing on Caleb Stegall’s appointment to the state’s second highest court was the Senate’s main business on the opening day of a special legislative session.

The committee planned to vote Tuesday evening.

Lawmakers are convening to rewrite a law allowing murderers to be sentenced to at least 50 years in prison. But the Senate is legally obligated to consider pending appointments.

The 41-year-old Stegall was an attorney in private practice and Jefferson County’s elected prosecutor before joining Brownback’s staff in 2011. He’s submitted more than 300 pages of documents to the committee.

The full Senate hopes to vote on his appointment Wednesday.

 

Police: Safe Bicycle Riding Tips

Officer Jason Bonczynski, Coordinator for the Hays Police Department Bike Patrol, spoke at the City of OFFICER JASON BONCZYNSKIHays’ press conference this morning. Bonczynski wanted to remind the public that school is back in session and there are a lot of children riding to and from school. He also shared some common safety tips for riding a bicycle that should be followed by both children and adults.

  • Wear a properly fitting helmet.
  • Adjust the bicycle properly for that specific rider.
  • The seat should be level, and seat height should allow for a slight bend in the knee when fully extended.
  • Handlebar height should be the same level as the seat.
  • Make sure tires are properly inflated and brakes are working properly
  • See and be seen: wear bright colors, perhaps reflective/fluorescent
  • Ride in a safe manner, have at least one hand on the handlebars.
  • Carry books and other goods in a backpack or satchel.
  • Watch and avoid road hazards such as broken glass, potholes, animals, etc.
  • Avoid riding at night, if you hav3e to put a light on the front and red reflectors on the back (law requirement)
  • Ride with the flow of traffic, not against it
  • Obey all traffic laws, signs and lane markings
  • Ride in a straight line
  • Stay alert; use your eyes and ears
  • Don’t wear headphones
  • Lock your bike up when not in use to reduce chances of theft.

Office Bonczynski also clarified a local law in response to a question: The city of Hays does allow for bicycle riders to ride on the sidewalk everywhere in town except for the downtown area.

Bicycles can be registered at the Hays Police Department.

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