Crews search for Brian Bergkamp on July 9 photo courtesy KWCH
WICHITA, Kan. (AP) — Wichita has installed new, larger warning signs at an Arkansas River dam where a 24-year-old man drowned.
Brian Bergkamp drowned in July at Wichita’s 21st Street dam as he tried to help another kayaker. The group of kayakers he was with didn’t see the small, faded yellow warning signs on the bridge until it was too late. Bergkamp’s body was found in the river nearly three weeks later, 6 miles away.
In 1979, two kayakers also died at the dam.
The city has installed new 4-by-6-foot signs on the bank of the Arkansas River to warn people to steer clear of the dam and to exit the water to get around it.
The Wichita Eagle reports the city is looking at several other locations that may need warning signs.
FINNEY COUNTY – Law enforcement authorities in Finney County are investigating a suspect on various charges after a pursuit in a residential area.
Just before 10:30 p.m. on Thursday officers of the Garden City Police Department received a tip from “TIP 411” advising the possible location of a suspect Emmanuel Holguin, 20, Garden City, wanted on an active warrant from the Kansas Department of Corrections, according to a media release.
When officers responded to the residence in the 900 block of N 9th they saw a green Saturn S-Series flee the area recklessly.
Officers attempted a traffic stop but the vehicle refused to stop and a pursuit was initiated in the 1100 block of N 9th Street.
During the pursuit the suspect vehicle attempted to intentionally crash into police vehicles on several occasions. The suspect vehicle became mechanically disabled in the 1600 block of W Jenny Street and the driver fled on foot.
Police were able to identify the driver as Holguin after talking with a cooperative female passenger in the suspect vehicle.
Officers eventually located him hiding on top of a roof of a residence in the 1600 block of W Jenny Street and arrested him without incident.
No injuries or property damage sustained during the pursuit.
Holguin is being held in the Finney County Jail on the requested charges of:
Aggravated Assault on a Law Enforcement Officer (x3) Interference with a Law Enforcement Officer (F) Fleeing and Eluding (F)
Kidnapping
Reckless Driving Multiple Traffic Violations
Listen to Mike Cooper interviewing Dr. Tracy L.Coe, Oncologist from the Dreiling/Schmidt Cancer Institute at HaysMed, with the topic of “Cancer” by clicking the link above and then clicking the play button
Corey McAvoy, Offerle, takes aim during Opening Day of pheasant hunting in Kansas. (File)
KDWPT
TOPEKA – In addition to voting for their chosen candidates and other important matters in the Nov. 8, 2016 general election, voters will decide whether to amend the Kansas Constitution’s Bill of Rights to add a constitutional right to hunt, fish and trap wildlife.
The proposed amendment would specify the people have a right to hunt, fish and trap by traditional methods, subject to reasonable laws and regulations that promote wildlife conservation and management and that preserve the future of hunting, fishing and trapping. The amendment would also specify that hunting and fishing are the preferred means for managing and controlling wildlife, and that the amendment shall not be construed to modify any provision of law relating to trespass, eminent domain or other private property rights.
The amendment would be created if approved by a majority of Kansas voters. A “Yes” vote will be a vote in favor of adding the amendment to the constitution, and a “No” vote will be a vote against adding the amendment. If the amendment passes, current laws and regulations governing hunting, fishing and trapping of wildlife would still apply, as the proposed right is subject to reasonable laws and regulations. If the amendment fails, there would be no changes to current laws and regulations.
The proposed amendment was introduced into the 2015 Legislative Session as House Concurrent Resolution (HCR) 5008 by Representative Couture-Lovelady and Representative Lusker, but no action was taken. It was carried over to the 2016 session where it passed both chambers by large margins. The Kansas Department of Wildlife, Parks and Tourism (KDWPT) testified in support of the resolution.
According to the website Ballotpedia.org, 19 states currently have similar constitutional provisions for the right to hunt and fish. Two others have constitutional provisions guaranteeing the right to fish, and two have statutes providing for the right to hunt and fish. Vermont established its right to hunt and fish in 1777, but most of the other states have created their rights since 2000.
Hunters and anglers provide all of the support for Kansas’ wildlife and fisheries management programs. These programs are entirely funded by license/permit fees and a federal match from the excise tax paid by hunters and anglers on equipment they buy (these revenues can only be used to fund wildlife and fisheries programs; they cannot be used for state park maintenance). The state’s share of the federal excise tax can only be returned to Kansas if someone buys a license or permit. KDWPT does not receive any state general funds for any of its programs.
The lecture series named for one of Fort Hays State University’s most notable alumni, former representative Keith Sebelius, will feature a November appearance by Dr. Edward Larson, who holds the Hugh and Hazel Darling Chair in Law and is University Professor of History at Pepperdine University.
He is a recipient of the Pulitzer Prize in history and numerous other awards for writing and teaching.
Larson will discuss “The Origins of Presidential Politics” at 7:30 p.m. Wednesday, Nov. 2, in the Beach/Schmidt Performing Arts Center in FHSU’s Sheridan Hall. This is the first lecture of the 2016-2017 academic year.
The lecture will begin with the Electoral College. The Framers of the Constitution, who created the Electoral College system, envisioned a presidential selection system without national political parties. Larson will explore how the United States moved from a non-partisan system to the highly partisan system we have now in just 12 short years. For better or for worse, by 1800, presidential politics had become much as we experience it today.
“We’re honored to have Dr. Larson at Fort Hays State University,” said Jacob Ternes, chair of the Special Events Committee and assistant director of the Memorial Union. “As the author of 10 books and over a hundred published articles, he brings a wealth of knowledge in a variety of topics. It will be fascinating to hear his perspective on how presidential politics have been shaped over the course of American history.”
Larson’s books, which have been translated into over twenty languages, include “An Empire of Ice: Scott, Shackleton, and the Heroic Age of Antarctic Science”; “A Magnificent Catastrophe: The Tumultuous Election of 1800, America’s First Presidential Campaign”; “Evolution’s Workshop: God and Science in the Galapagos Islands”; and the Pulitzer Prize winning “Summer for the Gods: The Scopes Trial and America’s Continuing Debate Over Science and Religion.” His latest book, “The Return of George Washington,” was on The New York Times bestseller list in 2015.
Larson has taught short courses at universities in China, Europe, and South America; been a featured speaker at book festivals and the Chautauqua Institute; and given addresses at more than 80 American universities. He is interviewed frequently for broadcast, print, cable, and internet media, including “The Daily Show,” “The Today Show” and multiple appearances on PBS, BBC, the History Channel, C-SPAN, CNN, Fox News, MSNBC, and NPR.
Larson earned a B.A. from Williams College (1974), a law degree from Harvard (1979), and a Ph.D. in the history of science from the University of Wisconsin-Madison (1984), and received an honorary doctorate in humane letters from Ohio State University in 2004.
Tickets are available now for pre-order online at www.fhsu.edu/sebelius, will go on sale at the Student Service Center in the Memorial Union beginning Monday, Oct. 24, and can be purchased at the Beach/Schmidt box office the evening of the lecture. Tickets are free for Fort Hays State University students and $10 for the public.
Numerous patrons, who donate $150 per person, help sponsor the Sebelius Lecture Series each year. These donations are tax deductible, less benefits received. Patrons will receive an exclusive invitation to a reception with the speaker on the day of the lecture and exclusive tickets to sit in rows A-C for the lecture. To become a patron, visit www.fhsu.edu/sebelius and complete a ticket order form as a patron.
For more information about the Sebelius Lecture Series, call Jacob Ternes at (785) 628-4664 or send email to [email protected].
ABOUT FORMER U.S. REP. KEITH SEBELIUS:
Sebelius, who was born in Norton, graduated from FHSU in 1941. He became active in the Republican Party and in 1968 ran for the U.S. House seat previously held by Bob Dole. He served for 12 years and didn’t seek re-election in 1980. He died at age 66 and is buried in Norton. His son, Gary Sebelius, is a federal magistrate judge and the husband of Kathleen Sebelius, a former Democratic Kansas governor and former U.S. secretary of Health and Human Services. His son, R. Douglas Sebelius, is a Norton County attorney.
Trinity Lutheran Church, 2703 Fort, will have a benefit barbecue for the Good Samaritan Society of Hays from 11:30 a.m. to 1:30 p.m. Sunday, Nov. 6.
The meal will feature a choice of first-rate smoked meats, baked beans, coleslaw, potato salad, and a variety of delectable desserts. A freewill offering will be collected, with all proceeds benefiting the Good Samaritan Society.
The funds raised will go toward the Generation Courtyard. This is a therapeutic, secured, outside area where residents can enjoy the outdoors. There are plans to include a playground area so residents can watch kids play when they come to visit.
Warm and dry conditions are expected this weekend. Today will be the warmer of the days. Near record highs are expected today, with highs this afternoon to near 80. Sunday will remain above normal, but highs will only reach in to the 70’s.
A cold front will move through the area Monday afternoon and evening. Temperatures will be warm across the area with highs around 80, falling to the upper 60’s to 70 for trick or treat time.
Today: Mostly sunny, with a high near 82. South southwest wind 6 to 9 mph becoming north northwest in the afternoon.
Tonight: Mostly clear, with a low around 46. North wind 9 to 14 mph, with gusts as high as 24 mph.
Sunday: Mostly sunny, with a high near 69. North wind 6 to 9 mph becoming east southeast in the afternoon.
Sunday Night: Partly cloudy, with a low around 53. South wind 7 to 10 mph, with gusts as high as 20 mph.
Monday: Mostly sunny, with a high near 85. Southwest wind 10 to 14 mph.
HPD Asst. Chief Brian Dawson shows a Halloween bag available free at the police department.
By BECKY KISER Hays Post
Halloween is nearly here and the Hays Police Department wants you to help make it safe for children.
“Welcome trick-or-treaters approaching your residence with the porch light and other exterior lighting turned on,” recommends HPD Asst. Chief Brian Dawson.
Motorists should be extra cautious.
“Slow down and be careful during trick-or-treating hours. Little kids sometimes get anxious and might want to jot across the roadway without paying attention to traffic if they’re excited.”
There are also safety tips for the trick-or-treaters themselves.
“Make sure they go trick-or-treating with a grownup or older sibling. Visit only people they know and have a route to follow with a designated time they’re expected to be back home.”
Halloween costumes should fit properly.
“Children should be able to see and hear properly while wearing their costume and the length shouldn’t be so long as to cause a tripping hazard. They’re going to be moving in the dark or during lower light.”
Keep Fido in mind during all the fun. “Don’t scare the dog with Halloween costumes. We don’t think about that–it can kind of rile up the family pet.”
Costumes and clothing should be brightly colored and reflective. “Reflective patches can be added,” Dawson suggests, “or kids can wear a glow stick, carry a flashlight to help illuminate the path where they’re walking.”
He also recommends what may be difficult for some.
“Don’t eat the treats until you get home and the adults have a chance to look at what’s in the goody bag.
“The Hays Police Department wants to with everyone a safe and happy Halloween,” Dawson added.
Over a three-month period, Kansas has paid private law firms nearly $300,000 to defend against a lawsuit filed by Planned Parenthood over the state’s attempt to defund it. FILE PHOTO
The state of Kansas incurred nearly $300,000 in legal fees in just three months to defend a lawsuit brought by Planned Parenthood challenging the state’s decision to boot the organization from the Medicaid program.
Invoices obtained show that outside law firms representing the state billed it $282,477 in legal fees and $2,725 in expenses between May 29 and Aug. 31.
The invoices were provided by the Kansas Department of Health and Environment in response to a Kansas Open Records Act request. KDHE Secretary Susan Mosier is the defendant in the lawsuit, which seeks to overturn her decision in May to block Medicaid payments to Planned Parenthood.
The invoices provided by KDHE did not include billings for the months of September and October. But at the current burn rate of about $100,000 a month, the state is likely to have incurred around $500,000 in legal fees and expenses by now in what – if other, similar cases around the country are a guide – is almost sure to be a losing cause.
Moreover, if Planned Parenthood prevails in the lawsuit, it will be entitled to recover its own legal fees from the state. Those could add up to tens or hundreds of thousands dollars more at a time when the state is facing huge budget shortfalls.
That’s what happened to Missouri in August, when it was ordered to pay Planned Parenthood $156,000 in legal fees after it lost a court battle over its attempt to revoke Planned Parenthood’s abortion license in Columbia, Missouri.
KDHE did not immediately respond to a request for comment on its legal fees.
Brownback vow
Planned Parenthood of Kansas and Mid-Missouri (now Planned Parenthood Great Plains) sued Mosier in May, one day after her agency notified the organization of KDHE’s decision to end its participation in Medicaid.
KDHE’s decision was expected; in his State of the State address in January, Kansas Gov. Sam Brownback had accused Planned Parenthood of illegally selling “baby body parts” and vowed to strip the organization of state funding.
Brownback was reacting to the release last year of heavily edited undercover videos made by an anti-abortion group showing Planned Parenthood officials in other states discussing the use of fetal tissue for research.
Planned Parenthood denied that it sells fetal tissue for profit and a grand jury in Houston later found no evidence of illegal activity. The Kansas Board of Healing Arts came to a similar conclusion in January about Planned Parenthood of Kansas and Mid-Missouri.
Laura McQuade, president and CEO of Planned Parenthood Great Plains, says she’s not surprised by the amounts the state has incurred. Over the last 15 years, she says, “the state of Kansas has conducted a very expensive, targeted campaign against one organization, that being Planned Parenthood.”
“This is state-sponsored harassment of a single organization that does nothing but provide high-quality health care to tens of thousands of patients each year that frankly, in many cases, they cannot access elsewhere,” she says. “We go through hoop after hoop, inspection after inspection, lawsuit after lawsuit, with no findings (of wrongdoing).”
Kansas has actually incurred more than $300,000 in legal fees so far defending Planned Parenthood’s lawsuit. The state Attorney General’s office briefly defended Mosier and then transferred the case to KDHE’s legal office. In response to a separate Open Records Act request, the Attorney General’s office said it incurred $19,820 in legal fees before its contract with Thompson Ramsdell Qualseth & Warner, a Lawrence law firm that frequently represents Kansas agencies in court, ended on May 17.
Separately, the Associated Press reported nearly three years ago that Kansas had paid private law firms more than $1 million to defend anti-abortion laws enacted in the previous three years. That amount included $179,000 in attorneys’ fees and expenses to defend various lawsuits challenging abortion restrictions enacted in 2013.
High-powered law firms
KDHE has been represented in the Planned Parenthood lawsuit by two high-powered Washington, D.C., law firms: Norton Rose Fulbright, a global law firm with 3,800 lawyers on six continents, and Consovoy McCarthy Park, a boutique law firm that includes two lawyers who clerked for U.S. Supreme Court Justice Clarence Thomas and another who clerked for U.S. Supreme Court Justice Samuel Alito.
Norton Rose billed KDHE $137,314 for 279.25 hours of work during two months of work between June 1 and July 29, according to its invoices. That equates to an average of nearly $492 per hour.
Consovoy McCarthy billed out $ 145,163 in attorneys’ fees for 197.5 hours of work between May 29 and Aug. 31. That translates into an average of $735 an hour. It also billed out $2,695 in expenses.
D.C. lawyers tend to charge higher rates than lawyers in all but a handful of markets across the country. A 2012 law firm partner survey by the legal consulting group Major Lindsey & Africa estimated average billing rates for D.C. lawyers at $662 per hour.
The clock continues to tick in the Planned Parenthood case. In July, U.S. District Judge Julie Robinson blocked Mosier from defunding Planned Parenthood, finding that such a move would probably violate federal law.
Following Robinson’s ruling, Brownback spokeswoman Eileen Hawley told KCUR that the state intended to press ahead with the case.
“The governor is going to continue the fight to make Kansas a pro-life state,” she said. “You know, this is a preliminary ruling. We need to look at the ruling more closely, but our intent is to move forward with the litigation.”
The case is now before the 10th U.S. Circuit Court of Appeals in Denver after Mosier appealed Robinson’s decision. Mosier is represented on appeal by Consovoy McCarthy and her brief is due on Wednesday.
If other court decisions are any indication, Mosier is likely to lose on appeal. About a dozen states have tried to defund Planned Parenthood and in most cases federal courts have blocked their efforts.
Kansas is in the 10th federal circuit, and significantly, the 10th U.S. Circuit Court of Appeals in July granted Planned Parenthood’s motion for a an order blocking the state of Utah from defunding Planned Parenthood.
Kansas’ move to cut off Planned Parenthood came just two weeks after the Obama administration warned all 50 state Medicaid agencies that the provision of abortion services was not grounds for terminating Medicaid funding.
Federal law already prohibits public funding of abortion services, which are separate from Planned Parenthood’s other family planning, wellness and other health services.
Dan Margolies, editor of the Heartland Health Monitor team, is based at KCUR. You can reach him on Twitter @DanMargolies.
High temperatures on Friday ranged from the mid 80s to the lower 90s.
Russell, Dodge City and Garden City and Wichita set new record highs, according to the National Weather Service.
Unseasonably warm temperatures today as a few locations either broke or tied their previous records! #kswxpic.twitter.com/oKgGOcjS4T
4A-D2 District 7
*Concordia 0 Scott City 42 Colby 54 Goodland 23
2A District 6 Republic Co. 35 Sacred Heart 10
2A District 7 *Plainville 46 La Crosse 12
Oakley 40 Ellis 61
6A playoffs 1st Round
Haysville Campus 21 Hutchinson 56
Dodge City 15 Washburn Rural 27
Wichita East 14 Garden City 49
5A playoffs 1st Round Emporia 14 Liberal 7
Salina South 0 Goddard 52
Topeka West 31 Great Bend 70
AP-FBH–Kansas Prep Scores, 4th Ld-Writethru,0420
Friday’s Scores
By The Associated Press
PREP FOOTBALL
Andale 39, El Dorado 18
Augusta 42, Rose Hill 20
Baldwin 42, Prairie View 33
Basehor-Linwood 27, Tonganoxie 12
Bishop Miege 57, Spring Hill 19
Buhler 65, Circle 40
Columbus 45, Parsons 6
DeSoto 35, Eudora 0
Frontenac 48, Baxter Springs 0
Holcomb 47, Hugoton 7
Independence 26, Chanute 7
Ingalls 74, Fowler 28
Jackson Heights 22, Centralia 14
KC Piper 40, Atchison 19
Labette County 40, Coffeyville 0
Louisburg 35, Paola 7
Maize South 49, Andover Central 0
McPherson 28, Abilene 7
Mulvane 53, Winfield 31
Olpe 26, Lyndon 20
Oswego 33, Yates Center 16
Ottawa 47, Fort Scott 0
Pittsburg Colgan 48, Uniontown 0
Plainville 46, LaCrosse 12
Pratt 35, Kingman 0
Republic County 35, Salina Sacred Heart 10
Rock Creek 43, Chapman 8
Scott City 42, Concordia 0
Smoky Valley 30, Clay Center 28, OT
South Barber 48, Bucklin 0
Topeka Hayden 58, Jefferson West 8
Ulysses 34, Wellington 13
Wabaunsee 56, Doniphan West 12
Wamego 30, Hays 13
Washington County 42, Valley Heights 36
Wichita Northwest 29, Topeka 28
Class 6A State Tournament
First Round
Blue Valley 54, SM South 0
BV Northwest 36, BV North 33, 2OT
Derby 62, Wichita North 0
Garden City 49, Wichita East 14
Gardner-Edgerton 23, Olathe Northwest 16
Hutchinson 56, Wichita Campus 21
Junction City 54, Wichita West 28
Lawrence 51, BV West 6
Lawrence Free State 52, Wichita South 14
Manhattan 63, Wichita Southeast 20
Olathe South 35, Olathe East 14
SM North 36, Olathe North 22
SM West 70, KC Wyandotte 6
Washburn Rural 27, Dodge City 15
Wichita Northwest 29, Topeka 28
Class 5A State Tournament
First Round
Andover 35, Goddard-Eisenhower 14
Blue Valley Southwest 26, Pittsburg 16
Bonner Springs 43, Lansing 0
Emporia 14, Liberal 7
Goddard 52, Salina South 0
Great Bend 70, Topeka West 31
KC Schlagle 24, Highland Park 16
KC Turner 61, KC Washington 49
Maize 22, Arkansas City 20
Mill Valley 56, KC Sumner 0
St. James Academy 42, Shawnee Heights 25
St. Thomas Aquinas 39, Leavenworth 13
Topeka Seaman 61, KC Harmon 22
Valley Center 28, Newton 20
Wichita Bishop Carroll 41, Kapaun Mount Carmel 8
Wichita Heights 55, Salina Central 0
Listen to Mike Cooper interviewing Dr. Tracy L.Coe, Oncologist from the Dreiling/Schmidt Cancer Institute at HaysMed, with the topic of “Cancer” by clicking the link above and then clicking the play button
Listen as ‘Voice of the Chiefs’ Mitch Holthus recaps last week’s comeback win over AFC West rival San Diego and previews Sunday’s game at Houston.
Warm and dry conditions are expected this weekend. Today will be the warmer of the days. Near record highs are expected today, with highs this afternoon to near 80. Sunday will remain above normal, but highs will only reach in to the 70’s.
4A-D1 District 8