
HUTCHINSON. — The Kansas Supreme Court on Monday denied District Attorney Keith Schroeder’s motion asking for a stay or injunction to prevent a new mental evaluation completed for a teen convicted for killing his mother and sister.
The Reno County District Attorney had filed a second motion with the Kansas Supreme Court asking for a stay or injunction over any plans to have a new mental evaluation completed for a teen convicted of setting the fire that killed his mother and sister.
Keith Schroeder had already filed a petition against Judge Trish Rose and the Public Defender’s Office for writs of mandamus in connection with the Samuel Vonachen case.
The high court ordered Judge Rose to present a brief over what legal reason she used for denying the state’s request that the 17-year-old be moved to adult jail after being convicted of two counts of murder, attempted murder and aggravated arson as an adult and also asking for another mental evaluation be conducted.
The high court is giving Judge Rose until Oct. 11, to file the brief with the court.
However, in the latest filing by Schroeder, he alleged that the judge may be trying to arrange a mental evaluation in Hutchinson.
Schroeder says in his motion that the teen told officials with Reno County Youth Services that he learned through his attorney that he may have the evaluation done in Hutchinson rather then being sent to the state mental hospital in Larned.
According to the filing, Judge Rose called officials at Larned to see if something could be set done in Reno County.
Schroeder says in the motion that he was never notified of the judge’s attempt to have the evaluation done in Reno County.
Schroeder has argued that there have been a number of other evaluations and that the jury rejected the mental disease and defect argument.
In August, a jury convicted the teen of the two counts of murder for the killing of his mother and sister who died after he set fire to the family home on Sept. 26, 2013.