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UPDATE: Judge Tosses Lawsuit By Kan. Marijuana Activist Who Lost Custody Of Son

Banda- photo from her YouTube video

By DAN MARGOLIES

A federal judge has thrown out a lawsuit brought by a Garden City, Kansas, mother who lost custody of her son over her use of cannabis oil in an incident that drew national attention.

In a brief four-page order Tuesday, U.S. District Judge J. Thomas Marten dismissed the action, finding that Shona Banda had failed to respond to the defendants’ “prima facie valid arguments.”

Banda, who represented herself, had sued the Garden City school district and one of its employees; the Garden City police department and its chief; the state of Kansas and Gov. Sam Brownback; and the Kansas Department for Children and Families and its secretary, Phyllis Gilmore.

Banda filed her lawsuit in March, exactly a year after Garden City police raided her home and seized marijuana, cannabis oil and drug-related equipment after her 11-year-old son spoke up about her use of cannabis at a school anti-drug presentation.

The Kansas Department for Children and Families subsequently took custody of her son, saying the home environment was not safe for him, and the Finney County district attorney filed drug-related criminal charges against Banda. The charges carry a maximum punishment of 30 years in prison.

In Kansas, possession of marijuana is illegal. Banda’s lawsuit alleged that because many states have decriminalized marijuana possession, she had a “fundamental right” to medical cannabis, which she said she used to treat her Crohn’s disease.

She also asked the court the court to restore custody of her son and to award her unspecified damages.

The phone number Banda listed in her lawsuit is no longer a working number and Banda could not be reached for comment.

The criminal case against Banda is pending. In November, the judge overseeing the case granted a defense motion seeking a mental competency evaluation of Banda to determine if she is competent to stand trial.

Banda has been a vocal advocate of medical marijuana and self-published a book about her use of cannabis oil to treat her condition, an inflammatory bowel disease that can cause severe abdominal pain and other symptoms.

Dan Margolies is editor of the Heartland Health Monitor team. You can reach him on Twitter @DanMargolies.

Friends helping after 6-year-old boy dies in Kansas house fire

Courtesy photo

WELLSVILLE, Kan. (AP) — Authorities say a 6-year-old boy has died in a northeast Kansas house fire.

Kansas State Fire Marshall’s Office spokesman Kevin Doel says the victim of Tuesday night’s fire in Wellsville has been identified as Brax Morris. Doel says a working smoke detector outside his mother’s bedroom alerted her to the fire. She was able to escape with her 3-year-old daughter.

One sheriff’s deputy suffered a cut hand breaking out a window.

Investigators have determined that the fire started in the living room. The cause is under investigation but no foul play is suspected.

Family and friends have established a gofundme page to assist the family.

Teen in custody after fatal SW Kansas shooting

SEWARD COUNTY – Law enforcement authorities in Seward County are investigating a fatal shooting.

Just before 7:30 on Tuesday, emergency responders were called to 1108 Krause Court in Liberal for a victim of a gun shot wound, according to a  media release.

Responding officers found two victims of gun shots at the scene, a 29-year-old man and a 24-year-old man. The 24-year-old was pronounced dead at the scene.
The 29-year-old male was transported to Southwest Medical Center by EMS in serious condition. He was later flown to Wichita for additional treatment.

A citizen provided a tip of a 19-year-old man involved in the shooting.

The 19-year-old was located and taken into custody without incident at a residence in the 100 block of West Curtis in Liberal.

An affidavit will be submitted to the Seward County Attorney seeking formal charges.

The Kansas Bureau of Investigation is assisting with the investigation.

Kansas man, woman jailed after chase into creek bed

Godfrey
Hill photo Jackson Co.

JACKSON COUNTY –Law enforcement authorities in Jackson County are investigating two suspects for theft and additional charges following a chase and search.

Just after noon on Tuesday December 27th deputies attempted to stop a light colored Dodge pickup bearing what was believed to be a stolen dealer’s tag near 166th and US Hwy 75 in Jackson County, according to a media release.

The vehicle failed to stop and a pursuit ensued. The suspect vehicle left the roadway off of Q. Road south of 134th Road into a field.

The pursuit continued until the vehicle became stuck. The occupants exited the vehicle. The passenger surrendered to authorities and the driver fled into a wooded area.

The Kansas Highway Patrol, Potawatomi Tribal Police and the Hoyt Police Department assisted with the search. A KHP helicopter also assisted in the search. Approximately 1:20 pm a Jackson County deputy captured the suspect driver attempting to flee the area in a creek bed.

The drive identified as Troy D. Hill, 38 Topeka and the passenger Andrea N. Godfrey, 29, Topeka were taken into custody.

Hill was booked into the Jackson County Jail for felony fleeing and eluding, felony interference with law enforcement, driving while revoked and possession of stolen property. Godfrey was held for felony interference with law enforcement and possession of stolen property.

HaysMed offers Saturday kids Fitness Bootcamp in 2017

2017-kids-saturday-bootcampHaysMed

The Center for Health Improvement is offering an 11 week Saturday fitness bootcamp for kids. The program is for children ages 8-13 at all fitness levels from beginning to advanced. The program runs from Jan. 7 through Mar.18.

The program allows kids to have fun while being active and keeping them moving during the winter months. The positive environment at the camp is designed to encourage kids to lead a healthy and active lifestyle. A variety of different individual and group activities will be introduced during the sessions.

The registration fee is $75 for all Saturday sessions. Drop in fees are also available for $10 for each session attended. Space is limited.

To register, go to www.haysmed.com/the-center/kids-fit-club/bootcamp.

Grandfather enters plea in death of eight-year-old he let drive him home

Meers-photo Buchanan Co.

TROY, Kan. (AP) — A man whose 8-year-old granddaughter died in a northeast Kansas crash after he let her drive him home from church is awaiting sentencing.

Dennis Meers, of St. Joseph, is set to be sentenced Feb. 6 after pleading no contest last week to aggravated child endangerment.

The Kansas Highway Patrol says Meers’ granddaughter, Cadence Orcutt, was killed in November 2015 when she lost control of the car. The vehicle plunged down an embankment and overturned in rural Doniphan County. Meers also was injured.

Meers previously was sentenced to two years in the Missouri Department of Corrections for felony driving while his license was revoked. In 1996 and 2001, Meers was convicted in Missouri on charges of being a persistent offender for driving while intoxicated.

Kansas gun store that moved after deadly gunfight to close

Surveillance image from pool video of the crime

SHAWNEE, Kan. (AP) — A suburban Kansas City gun store that changed locations after a fatal gunfight is closing.

Jon Bieker was killed in January 2015 while defending his wife, Becky Bieker, from four Missouri men who were attempting to rob their Shawnee, Kansas, store, called She’s a Pistol. Three of the robbers were wounded in the shootout. All four are charged with attempted robbery and first-degree murder.

After the gunfight, the store was moved to a new location less than 2 miles away, but legal bills and increased labor expenses have taken a toll. Becky Bieker told WDAF-TV that the closure “feels like losing Jon a second time.”

The store is conducting a liquidation sale and will close no later than 3 p.m. Saturday. Firearm training will continue at a different location.

First Care Clinic to offer free support classes

first care clinic logo sqquareSUBMITTED

First Care Clinic, 105 W. 13th, will offer free group support classes to encourage individuals to live a more positive, healthier lifestyle in 2017. These classes will be open to the public and will be held on Tuesdays in January from 4:00 to 5:00 p.m. in the First Care Clinic basement.

“We at First Care Clinic want to be a part of your plans to begin the new year with positive lifestyle changes. In order to make any change, it’s helpful to have knowledge and support. We are very excited about these free group support classes, and we welcome you to join us in the journey to reach your goals,” said Sandy Cullison, a Licensed Clinical Social Worker at First Care Clinic.

To RSVP or to gain more information, please contact Sandy or Melissa at (785) 621-4990.

ABOUT FIRST CARE CLINIC, INC.

First Care Clinic is a federally funded community health center, providing non-emergency medical services for people of all ages, regardless of a patient’s ability to pay. We offer medical care, mental health services and general dentistry, all under one roof.

For more information, contact Danielle Windholz, Operations Manager, at First Care Clinic (785) 621-4990.

Registration open for summer 2017 Sternberg science camps

2017-camps-banner_sternberg-website-1024x256-cropFHSU University Relations and Marketing

Registration is now open for 2017 summer science camps and program through Fort Hays State University’s Sternberg Museum of Natural History. There are camps for students in elementary school, middle school and high school.

Sternberg Education Director David Levering said the camps were a success the first three years.

“In addition to providing exceptional outdoor science programs for kids in Kansas, we have been successfully bringing in students from every corner of the country,” he said. “The combination of unique instructional approach and spectacular outdoor settings has been a huge draw for students and parents.”

There are nine single-day camps — including three new ones — for elementary school children. On June 16 is Bird Biologists, followed by Rocks and Minerals on June 19 and a new camp on June 20, Digging Dinosaurs. Reptiles and Amphibians is June 22, with Insects and Spiders June 23. There is another new camp on June 26, Gone Fishing, which explores the evolution and adaptation of fish. The Sea Creatures of Kansas camp will be June 27 and the Marvelous Mammals camp will be June 29. The final elementary camp will be another new one, Trees, Flowers and Grasses, on June 20.

There are two middle school camps, which are designed to allow students to be outdoors exploring nature. Paleontology Expedition will explore the fossils of Kansas June 4-9. A Field Naturalist camp from June 11-16 will take students travel to Arches National Monument in Utah.

Four camps are for high school students: Evolution and Ecology June 11-16, Southwest Biology Camp, where students will travel to New Mexico to conduct bat research, July 8-14, and Paleontology Camp July 16-28, where students will camp out and explore the natural history of Kansas. Something new will be a two-week expedition to Ecuador, from June 18-30, to explore the cloud forests in the Andes. Expedition Ecuador is a trip for up to 10 students.

For more information and fees for each camp, visit sternberg.fhsu.edu.

SCHROCK: Time to A.C.T.

John Richard Schrock is a professor at Emporia State University.
John Richard Schrock is a professor at Emporia State University.

    The December meeting of the Kansas State Board of Education (KSBE) featured a presentation by University of Kansas Center for Educational Testing and Evaluation (CETE). The CETE linked their State assessment test scores with the equivalent scores on the national ACT tests that many Kansas students take for college admission.

    The very close correlation in scores on the state assessments and ACT was enthusiastically received by KSBE members. State assessment tests are currently required of all Kansas students and it can be difficult to get students to take the test seriously since it is used to rate schools but does not otherwise affect the student. Now that schools can show a close correlation between the state assessments and the ACT used for college entrance, that may provide some incentive for college-bound students to use state assessments as a practice for the ACT.

    But an obvious question was never asked: If the state assessment scores and the ACT scores are so highly correlated, why give redundant tests?

    The revised testing regulations in the new Every Student Succeeds Act (ESSA) that replaces No Child Left Behind includes the option for states to choose a nationally recognized high school test instead of a unique state assessment test. And there are many advantages to Kansas switching to use the ACT in place of state assessments.

    The state pays for the assessment tests and the students’ parents pay for the ACT test for students wanting to go to college. Currently, 74 percent of Kansas students take the ACT. Kansas could join the 18 states that currently underwrite the ACT for all students. It would save Kansas parents a lot of money.  And switching state funding from CETE tests to the ACT would likely save state funding as well since the ACT operation costs are supported by the majority of states nationwide.

    Some Kansas students who do not currently take the ACT—especially those from economically poor families—may not realize that they are college-able. Taking the ACT, when it is underwritten by Kansas as the state assessment test for all, will alert these students that they indeed are “college material.”

    Since customized state assessments are variable, it is difficult to make state-by-state comparisons using the CETE tests. But with a majority of states use the ACT, across-state comparisons could easily be made.  While all students participate in the ACT in 18 other states, Kansas is leaving out over one-fourth of its students and this makes current ACT comparisons difficult.

    The major damage of No Child Left Behind was the de-professionalization of teachers. High stakes testing forced many teachers to stop treating students as unique individuals and turned them into drill-and-kill test-prep workers. While the ACT is a standardized test of the accumulation of reading and mathematics skills, it is primarily an aptitude test, not an achievement test. It does not provide a consistent target that leads to teaching-to-the-test.  ACT-prep mainly provides familiarity with the test format and rarely boosts scores more than 2-3 percent. With ACT the only state assessment, Kansas teachers could get back to being professionals who use their own internal tests to educate unique students.

    The extra class time freed up from our current double testing, along with restoring the teachers’ role in determining in-class testing for unique students, would go a long way toward restoring teacher professionalism.  

    Kansas administrators, teachers and parents statewide will applaud any reduction in our continued over-testing.

    And every Kansas farmer knows that the more time you spend weighing them, the less time you have to feed them. It is time to get back more “feeding time” in school.

MADORIN: An unexpected cooking lesson

Native Kansan Karen Madorin is a local writer and retired teacher who loves sharing stories about places, people, critters, plants, food, and history of the High Plains.
Native Kansan Karen Madorin is a local writer and retired teacher who loves sharing stories about places, people, critters, plants, food, and history of the High Plains.

It’s curious how common items either go out of use or their intended purpose alters. One of those is the nutcracker. Most people nowadays think this term refers to a seasonal ballet where they might enjoy watching children or grandkids dressed up as old-fashioned ornamental German nutcrackers wearing military-style hats or as dainty sugarplum fairies. Others may store treasured family heirlooms until they retrieve them to decorate their tree. I recently had occasion to realize that actual nutcrackers frequently found in auction boxes serve a real purpose.

As a kid, my family bought whole nuts at Christmas time and offered them in a decorative bowl along with a metal pincer-style device and a silver pick for getting at hard to reach nutmeats. This practice continued a custom both my parents grew up with during the Depression. Their frugal families passed on a ritual long followed by their ancestors.

At our house, one of those traditions included filling Christmas stockings with an orange, an apple, and either some unshelled peanuts or whole nuts. Knowing many generations practiced this holiday tradition reminds me of a time when fresh fruits and nuts were luxuries one enjoyed only on special occasions. Despite knowing I’d see nuts every holiday that required a special opener, I never considered the nutcracker tool an essential kitchen utensil until I recently received a 5 lb. bag of fresh pecans.

An Oklahoma friend lives near the many groves in Eastern Oklahoma and shared his bounty. When I first saw lumpy grocery sack, I imagined it full of ready to eat pecans. When I opened this treasure trove, I realized my mistake. This freshly picked harvest had gone through a mechanical cracker to make it easier to extract the tasty center. However, I had to peel away shattered outer husks and separate the two pecans halves each shell once protected.

It didn’t take long to understand why nuts are holiday treats and why some people esteem pies, cakes, cookies, candies, and butters made with them. As a person who considers walnuts, pecans, peanuts, cashews, and almonds edible only when served by themselves but not in baked goods, I missed this message growing up.

pecansAfter I spent a couple of hours freeing nutmeats from shells, I understand why I find nutcrackers at almost every auction I attend. They were essential in old time kitchens. Cooks didn’t go to the store to buy a sack of already shelled nuts. They roamed creek banks to harvest nature’s encased proteins and then spent hours extracting meats from hulls. Knowing how my grandmas made use of everything, I’m sure they saved the inedible material to create fabric dyes or enrich garden soils.

This lesson humbled me. I’ve enjoyed preparing family recipes from scratch for decades. I never considered how I take for granted buying already-ground flour or churned butter quarters at the market. This nutty experience reminded me that not-so-distant family cooks would consider such easy access to ingredients an extravagance.

Native Kansan Karen Madorin is a local writer and retired teacher who loves sharing stories about places, people, critters, plants, food, and history of the High Plains.

Sunny, windy Wednesday


The weather will be fairly pleasant to round out the work week, but Thursday and Friday will be a touch breezy for some. Highs will be at or above average for highs with Friday potentially being the warmest day with highs in the mid to upper 50s.

screen-shot-2016-12-28-at-5-47-27-amToday Mostly sunny, with a high near 56. Breezy, with a northwest wind 8 to 13 mph increasing to 17 to 22 mph in the afternoon.

Tonight Mostly clear, with a low around 25. Blustery, with a northwest wind 13 to 20 mph.

Thursday Sunny, with a high near 46. Northwest wind 9 to 17 mph, with gusts as high as 28 mph.

Thursday Night Clear, with a low around 22. West wind 5 to 8 mph becoming south southwest after midnight.

FridaySunny, with a high near 54. Southwest wind 9 to 14 mph.

Friday NightMostly clear, with a low around 26.

SaturdayMostly sunny, with a high near 40.

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