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Kansas Supreme Court overturns DNA testing denial

HEATHER HOLLINGSWORTH, Associated Press
KANSAS CITY, Mo. (AP) — The Kansas Supreme Court is again overturning the denial of DNA testing in a second-degree murder case.

The justices ruled Friday that a Wyandotte County judge erred in refusing the testing for Jerome Cheeks. He wants evidence from the scene of the 1992 Kansas City, Kansas, killing tested to support the claim that he wasn’t the one who fatally beat his wife.

In 2013, the justices ruled that a Kansas statute that limits post-conviction DNA analysis to cases involving only first-degree murder or rape is unconstitutional.

Subsequently, a Wyandotte County judge found Cheeks still couldn’t get testing because he had been paroled and didn’t meet the requirement of being “in state custody.” In the latest reversal, the justices said Cheeks was in custody when he filed his original petition.

Regents OK greenhouse for microbiology research at Kansas

KU campus
KU campus

LAWRENCE, Kan. (AP) — The Kansas Board of Regents has approved construction of a greenhouse on the University of Kansas campus.

The Lawrence Journal-World reports  the greenhouse will be used for research by James Bever, a new distinguished professor at the school.

Bever is considered a world leader in soil microbiology and is scheduled to begin a joint appointment with Kansas in January.

The regents on Wednesday authorized construction of the greenhouse, which will cost an estimated $645,000. The Kansas Endowment Association will transfer the land to the university.

Part of the greenhouse will operate all year, while other sections will operate only spring through fall.

Bever is one of five new Foundation Distinguished Professors the university announced this spring.

EPA proposes tougher fuel-efficiency standards for trucks

MATTHEW DALY, Associated Press

WASHINGTON (AP) — The Obama administration on Friday proposed tougher fuel-efficiency standards for medium and heavy-duty trucks, the latest move by President Barack Obama in his second-term drive to reduce pollution blamed for global warming.

The Environmental Protection Agency issued new rules that would lower carbon dioxide emissions from trucks and vans by 24 percent by 2027. It would cut fuel costs by about $170 billion and reduce oil consumption by up to 1.8 billion barrels over the lifetime of vehicles sold under the rule.

The long-expected rules come one day after Pope Francis issued a teaching document calling for the world to take action to slow climate change.

Transportation Secretary Anthony Foxx said the new rules would help the environment and the economy, as trucks use less fuel and shipping costs go down. Administration officials declined to say what the mileage standards would be for trucks built from 2021-27 under the proposed rules.

Foxx called the rules “good news all around.”

Gina McCarthy, chief of the Environmental Protection Agency, said the rules would deliver “big time” on Obama’s call to cut carbon pollution.

“With emission reductions weighing in at 1 billion tons, this proposal will save consumers, businesses and truck owners money,” McCarthy said. At the same time, the rules will “spur technology innovation and job-growth, while protecting Americans’ health and our environment over the long haul,” she said.

Medium and heavy-duty vehicles account for about 20 percent of greenhouse gas emissions and oil use in the U.S. transportation sector, but comprise only 5 percent of vehicles on the road.

The rule comes amid a flurry of recent actions by Obama on the environment, including a new federal rule regulating small streams and wetlands and a separate rule to restrict greenhouse gas emissions from airplanes.

The administration also is expected to move forward this summer on its plan to curb carbon pollution from coal-fired power plants, a rule Republicans in Congress have vowed to stop.

The truck rule appeared to generate less controversy although the industry was still reviewing the proposal.

The American Trucking Association said industry generally supports the new rules, but remains concerned that it may result in use of technologies on vehicles before they can be fully tested. Trucks carry goods from produce to timber and oil, as well as packages from major companies such as Amazon, on highways across the country.

“Fuel is an enormous expense for our industry – and carbon emissions carry an enormous cost for our planet,” said ATA President and CEO Bill Graves. “That’s why our industry supported the Obama administration’s historic first round of greenhouse gas and fuel efficiency standards for medium and large trucks and why we support the aims of this second round of standards.”

Still, Graves and other officials said truck and engine manufacturers need time to develop solutions to meet the new standards

The proposed standards would cover model years 2021-2027 and apply to semi-trucks, large pickup trucks and vans, and all types and sizes of buses and work trucks, officials said.

The Owner-Operator Independent Drivers Association of Grain Valley, Missouri, which counts 150,000 members, said it was concerned that the rules would “push truckers to purchase technology that is not fully tested and may lead to costs such as increased maintenance and down time that will eclipse the potential savings estimated in the proposal.”

Once completed, the rules are expected to lower carbon dioxide emissions by about 1 billion metric tons.

The rule builds on fuel efficiency and carbon pollution standards already in place for model years 2014-2018. Those rules are expected to reduce greenhouse gas emissions by 270 million metric tons and save vehicle owners more than $50 billion in fuel costs, compared to previous standards.

Environmental groups cheered the new rule.

“Anyone who’s ever been stuck behind a truck or bus knows how much they pollute,” said Travis Madsen of Environment America, an advocacy group. “Making trucks go farther on a gallon of fuel can curb pollution, help save the planet and save money,” he said.

The rules will be open to public comment for at least two months and would be completed next year.

Dodge City lifts fireworks ban, Barton County considering it

DODGE CITY, Kan. (AP) — Welcome rains in western Kansas will mean the return of fireworks to Dodge City and perhaps Barton County as well.

The Dodge City Commission agreed this week to allow the discharge of fireworks in Dodge City on July 3-5 on private property, between 10 a.m. and 11 p.m.

Fireworks are still prohibited on public property and it is still illegal to sell or store fireworks in the city. Last year, fireworks were banned because of drought conditions.

The Hutchinson News reports  Barton County is considering allowing fireworks on July 3-4. The county commission will consider the issue Monday.

Commissioner Schwaller has ‘regrets’ with Bike Hays project (VIDEO)

Hays city commissioner Henry Schwaller
Hays City Commissioner Henry Schwaller wants stricter enforcement of bicycle traffic violations.

By BECKY KISER
Hays Post

Hays City Commissioner Henry Schwaller sees a “silver lining” in what he calls the “controversial” Bike Hays project. He also has two regrets.

“The major portion of the city’s cost of the project went to the repair and reinforcement of the (Big Creek) levee–the floodwater control system on the west and south side of Hays,” Schwaller said during Thursday night’s commission work session.

The levee has been capped with a concrete multi-purpose path.

“It’s important because the levee had not been touched since the 1950s and we discovered it was not built correctly in some areas. Now we can protect homes that are in the flood plain and subject to FEMA (Federal Emergency Management Agency) loans.

“I think every dime we spent there was worth it and I’d do it again.”

However, Schwaller said he has two regrets.

“I’m very concerned about the design of the symbols, the paths and the signs. This was a Kansas Department of Transportation (engineering) project and they designed everything.

“I knew this going in.  But if I’d known it would look the way it does–there’s no rhyme or reason to it to us–and it’s confusing to the public. I think it’ll get better over time but right now I have to say I’m not happy with the final project and I think we made a mistake on that.

“I also think the application (of bike symbols and lane designations on the streets) was not done well.

“More importantly, if this is going to work, we’re going to have to be much more aggressive in enforcement (of bicyclists disobeying of traffic laws). One-hundred percent of the people I’ve seen using the bike lanes were doing so incorrectly. Even if the paths weren’t there, they’d be violating (state and city) statutes.

“Every stop sign that I’ve been to since these have been installed…bicyclists just blow right through them. They’re going to get hit; accidents will happen. Unless we have vigorous law enforcement, we’re going to have a problem.

“Even if we didn’t have these lanes, people will still ride foolishly. But now that we have (Bike Hays), people will say it’s the lanes’ fault. It’s not.

“I’m encouraging the police chief and city staff to enforce and educate the public that bicyclists must adhere to the same rules that drivers do, and if they don’t they will warned and they then will be ticketed.

“As more and more people use the bike lanes–and I hope they do–we’re setting ourselves up for some serious problems,” Schwaller said.

Schwaller gave an example with what he saw on his way to city hall Thursday night–“a woman bicycling left-of-center, on the wrong side of the street, on the wrong bicycle path, while her companion was in the appropriate lane.”

Mayor Eber Phelps said he is “very pleased with the project” and educating the public about bicycling safety “will take time.”

“The city began implementing water conservation programs 25 years ago. We’ve been educating the public and school kids since then and a day doesn’t go by that somebody asks (questions about it.) So the education process is ongoing.

“Bicycles have been around forever; some people obey the rules, some people don’t. I’ve detected some positive comments that at least the markings and signs are reminding motorists they are sharing the road with bicyclists,” Phelps added.

May unemployment rate flat in Ellis County, up statewide

Screen Shot 2015-06-19 at 10.09.13 AM

Unemployment in Ellis County was flat in May compared to April, holding at 3.3 percent.

Statewide, the jobless rate rose to 4.4 percent in May from 4.3 percent in April, according to monthly statistics released this week by the Kansas Department of Labor.

Northwest Kansas rates were mostly below 4 percent, although Decatur, Graham, Rooks and Smith counties posted jobless rates above 4 percent.

“Preliminary estimates show Kansas lost 3,800 jobs from April to May. Changing seasonal factors led to a decline in student workers at the State universities,” said Tyler Tenbrink, Senior Labor Economist. “Also, construction activity slowed in May, likely due to above average rainfall during the month. Administrative and support services as well as food services also contributed to the decline over the month.”

The June Labor Report will be released July 17.

Click the map above for a county-by-county breakdown of rates.

Officers will run the streets to carry torch for Special Olympics

BY AMY BALTODANO
Hays Post

Over the months of May and June, 965 officers from over 97 agencies are expected to carry the Flame of Hope throughout 35 counties in Kansas as they travel to the annual Special Olympics Summer Games in Wichita.

The Law Enforcement Torch Run is a series of runs that will travel approximately 1,500 miles throughout the state.

The Hays Torch Run will start at 8 a.m. June 27 at 600 S. Vine.  Officers from Ellis County Sheriff’s Office and Hays Police Department will run south on Vine to U.S. 183 and continue to Schoenchen — approximately 12 miles.

torch run

The public is invited to cheer on the runners as they pass.

The Law Enforcement Torch Run began in Wichita in 1981 with six runners and has grown to an international program that involves thousands of Law Enforcement personnel raising millions of dollars annually to benefit Special Olympics programs in the United States and abroad.

The Torch Run is the largest grassroots fundraiser and public awareness vehicle for Special Olympics Kansas. Officers volunteer hundreds of hours each year and in 2014 raised more than $522,000 in support of Special Olympics Kansas programs.

The feat was accomplished by holding events and fundraising through the torch run, special event fundraisers (i.e. Polar Plunge, Truck Convoy), sponsorships and donations. Kalmar Industries is the Guardian of the Flame.

Complete details of times and routes are available on www.kansastorchrun.org or contact Roberta Oborny at (785) 432-1728. You can support the Torch Run by making a secure donation online at www.kansastorchrun.orgor contact Luke Schulte at 620-408-4450.

 

Man wanted for questioning in Florida murder caught in Hays

Douglas and Kristy Evans -courtesy photo
Douglas and Kristy Evans -courtesy photo

A man wanted for questioning in connection with a Florida murder was apprehended at a Hays hotel Thursday night.

Chief Deputy Craig Beam of the U.S. Marshal Service’s Kansas district, told Hays Post that Michael Douglas Evans, 30, was taken into custody without incident at Motel 6, 3404 Vine, at approximately 8:30 p.m. by U.S. Marshals and officers from the Hays Police Department.

Also taken into custody was his wife, Kristy Evans, 34. Her 7-year-old daughter was found safe and placed in the custody of child services. The child is expected to be released to family members, Beam said.

Evans is a suspect in the June 6 death of 46-year-old Joseph Moniz at a Florida hotel and is being held on Ohio charges for failure to appear.

Evans was originally arrested on suspicion of aggravated robbery and felony assault in April by the New Philadelphia, Ohio, police department. He was released on bond with the condition he wear an ankle bracelet for monitoring.

The bracelet was cut on May 5 and a warrant was issued for failure to appear, Beam said.

Beam said the Florida homicide victim’s vehicle was spotted by HPD officers.

“Upon running the tags, it was discovered the suspect was wanted out of the district of Ohio,” Beam said.

He praised the HPD for their investigation.

“They were the catalyst of getting this discovered,” Beam said. “They did a great job.”

Kristy Evans is being held in the Ellis County jail on suspicion of obstruction of justice for the Ohio case, while Michael Evans is held on the failure to appear warrant.

Both are awaiting additional interviews from law enforcement in the multi-state case. Beam expected them to be extradited to Ohio, pending further investigation into the Florida homicide.

Winners: Chicken Soup for the Soul Book with 99 KZ Country!

khaz css time to thrive 20150602We are giving away the Chicken Soup for the Soul book
Time to Thrive.

Listen to Theresa Trapp June 15-19 for chances to call
785-628-2995 to win. Random callers will win a copy of the book instantly. No age requirement to win.

Winners will need to pick up their book at the KZ Country
Studio, 2300 Hall, Hays, KS within 30 days of winning.

Remember, one win per person per contest in 30 days.

These 101 amazing and inspiring stories about growth,
wisdom, and dreams will show you how to thrive — a road
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It’s your time to thrive — and these stories show you how!
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Winner 6/15/15:  Don Burlison!
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Firefighter injured in Hutchinson structure fire

Thursday fire in Hutchinson
Thursday fire in Hutchinson

HUTCHINSON– A firefighter was injured fighting a structure fire just before 4:30 p.m. on Thursday in Hutchinson.

Crews from the Hutchinson Fire Department responded to the 3200 block of North Halstead for a reported structure fire.

They found heavy smoke and fire coming from a two stall detached garage.

The fire was controlled in 15-minutes, while units remained on scene for one hour to complete overhaul and investigation.

Damage is estimated at $15,000 for the structure and $8,000 for contents.

The owners of the garage were home at the time and reported the fire. The cause of the fire is undetermined at this time.

One firefighter received minor burns to his arms and refused treatment.

Planning underway for major Parkinson’s Disease Benefit Gala

J. Basil Dannebohm
J. Basil Dannebohm

A black tie event supporting an international Parkinson’s Disease charity is set to take place on the high plains of North Central Kansas.

The Emerald Ball will be held on Saturday, Nov. 21. Event proceeds will benefit the Davis Phinney Foundation, a national nonprofit that focuses on improving quality of life for people living with Parkinson’s. The event is being coordinated by Team Basil for Parkinson’s Disease Awareness, a grassroots organization created by writer and speaker, J. Basil Dannebohm.

Dannebohm, 33, was diagnosed with the young onset form of the neurodegenerative disease three years ago and has since been a leading advocate for Parkinson’s research, treatment and awareness. In May, he announced that he would spearhead a campaign to raise $150,000 in support of the Davis Phinney Foundation.

“The mission of the Davis Phinney Foundation is like none other,” said Dannebohm. “People with Parkinson’s need to hear the message, ‘Go out and live!’ The Davis Phinney Foundation empowers people to become engaged and informed, to tackle this disease head-on and to live well.”

Hays was selected as the host city for the ball. Dr. Mirta Martin, President of Fort Hays State University will serve alongside Dannebohm as co-host for what Team Basil hopes will become an annual event.

“We chose Hays for a number of reasons,” said Tory Arnberger, who serves as Dannebohm’s communications coordinator. “We were especially impressed with Fort Hays State University’s Communication Sciences and Disorders Department and their work to improve the lives of Parkinson’s patients through the various programs offered at the Herndon Clinic. We hope the event will offer an opportunity to showcase their work.”

The Emerald Ball will be held in the Memorial Union’s Fort Hays Ballroom on the campus of Fort Hays State University.

Gentlemen are encouraged to wear black tie and ladies should wear an evening gown. Attendees can expect a cocktail social, silent auction, dinner, oral auction of 3 major prizes, recognitions, and a dance. The planning team will announce the keynote speaker at a later date.

Sierra Scott will serve as emcee for the gala. Scott is the co-host of The Brett & Sierra Show, a popular daytime talk show which is broadcasted at 4:30 p.m. Monday through Friday on KSCW.

“Sierra is the perfect emcee,” said Arnberger. “She’s incredibly elegant, charming, and a strong supporter of charitable causes. We are thrilled she will be joining us for the ball.”

The legendary Frankie Valens, who shot to fame in the 1960s and enjoyed hits with “This Magic Moment” and “The Lion Sleeps Tonight,” will perform during the event.

While the event is several months away, the planning committee is already at work lining out every detail to ensure an elegant and memorable experience for attendees.

“Every once in awhile you get this urge to get dressed up, enjoy a great meal, do a little dancing, and create a lasting memory,” said Dannebohm. “The Emerald Ball will offer that experience, while supporting a superb cause.”

The Davis Phinney Foundation was created in 2004 to help people with Parkinson’s disease live well today. Its major initiatives include: the Every Victory Counts® manual, developed by movement disorder experts to provide practical ways to live well with Parkinson’s; The Victory Summit® symposia series, which brings experts into communities to share advances in science, care and to inspire those affected by the disease to take action; the Living Well Challenge™ educational webinar series; the “Parkinson’s Exercise Essentials” video and the funding of research focused on exercise, speech and other quality of life therapies.

“We are so pleased to know that our resources have helped ignite Representative Dannebohm to action around our mission and thrilled with planning committee’s efforts for the Emerald Ball,” said Polly Dawkins, executive director of the Davis Phinney Foundation. “This event will help us generate awareness of the work of the Davis Phinney Foundation in Kansas and points beyond. Our goal is that everyone affected by Parkinson’s will have the appropriate tools and resources to improve their day to day living with the disease, and the impact of the Emerald Ball will help us reach more people with the information needed to live well today.”

Hammond to serve as new president of Team Kansas

Dr. Ed Hammond
Dr. Ed Hammond

FHSU University Relations

Team Kansas has announced that Dr. Edward H. Hammond will serve as the organization’s next president. A former president of Fort Hays State University, Hammond has been a member of Team Kansas for more than 20 years, most recently as vice president.

He was nominated for his new role by outgoing Team Kansas President Don Landoll.

“It is an honor to serve the state in this role,” Hammond said. “I look forward to working with business leaders and state officials to expand our workforce and grow the business environment of Kansas.”

team kansas logoTeam Kansas is a group of private business leaders, economic development professionals and state officials who work to attract companies, investment and jobs to Kansas. It partners with the Kansas Department of Commerce and the state of Kansas to share the state’s story with businesses and entrepreneurs from around the world. The organization was founded as the Kansas Cavalry in 1973. In 2013, it transitioned from the Cavalry to Team Kansas to reflect its current role as an economic development support group.

“Team Kansas has played a vital role in economic development in our state, and will continue to do so under Dr. Hammond’s leadership,” said Kansas Commerce Secretary Pat George. “He has a wealth of experience and qualifications that made him an excellent choice to serve as the organization’s next president and continue building upon Team Kansas’ many years of success.”

Hammond accepted the presidency at Fort Hays State in 1987 and remained in that position until 2014, making him the longest serving president of Fort Hays State and the second-longest serving president in the history of the Kansas Board of Regents system. He remains on the FHSU faculty, working with graduate students in the College of Education and Technology. He helped Fort Hays State expand its presence in Kansas and around the world by drawing large numbers of international students. His efforts as president drew national acclaim and earned him several distinguished awards.

Many of his initiatives at Fort Hays State demonstrate the entrepreneurial spirit that will serve him well at Team Kansas. Hammond established partnerships with universities in China that produced annual FHSU enrollments in that country in excess of 3,000 students. He pioneered the construction of two Vestas wind turbines that have helped to offset nearly 90 percent of the university’s energy consumption with savings approaching $1 million annually. In addition, he currently is working on a project to invest money from a $334 million equity fund established by the Chinese government in the Kansas aircraft industry.

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