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In Kansas, Algorithms Might Rewrite Who Stays In Jail And Who Bails Out

Let’s say you’re arrested. You’re booked into your local jail and the district attorney decides to press charges.

An approach to setting bail in Johnson County could spread across the state.
NOMIN UJIYEDIIN / KANSAS NEWS SERVICE

The next day, you make your first court appearance in front of a judge, who then has to make a decision. Let you go home before trial — or keep you in jail?  And under what conditions?

A pretrial stint in jail could last for weeks and keep you from your children, your car payments and your job. You could lose access to resources you need to win your case. You could spend sleepless nights in a crowded, dangerous, poorly maintained detention center — all without being convicted of a crime.

Unless, of course, the judge lets you bail out: pay a certain amount of cash, get released from jail, and get the money back if you show up for court.

But the amount might be too high for you to afford. So you might pay a bond company a nonrefundable percentage of your total bail. In return, that company bails you out — and hunts you down for the full amount if you skip your court date. Can’t rustle up the money for a bond company? Sit things out in jail.

Cash bail is supposed to ensure that you come back for trial. But the traditional bail system draws fire for discriminating against the poor and disproportionately affecting the livelihoods of racial minorities, who are already more likely to be arrested and charged with crimes.

Now Kansas courts want to rethink the concept. The Kansas Supreme Court has convened a task force of judges, attorneys and corrections officials to study pretrial reforms and submit recommendations in mid-2020. The state could eventually join California, New Jersey and others by overhauling its conditions for awarding bail in state courts.

“We need to find out what works best in our state,” said Judge Karen Arnold-Burger, chair of the Pretrial Justice Task Force and chief judge of the Kansas Court of Appeals. “Before we do something that’s going to completely disrupt someone’s life, and before they’ve been convicted of any crime, we want to make sure we know how we’re making the most educated decision.”

An ancient system

Bail originated in England centuries ago.

Both the U.S. and the Kansas Constitutions guarantee the right to bail in non-capital offenses — crimes not punishable by the death penalty.

Proponents of cash bail argue that it’s essential for keeping people out of jail and ensuring they still show up to their trial because bondsmen are inherently motivated to get their money back.

But tides have shifted in recent decades. Advocates who oppose bail say it discriminates against poor people by basing release decisions on a person’s ability to pay. Some say any form of pretrial detention violates the U.S. Constitution by imprisoning a person before they’re convicted.

The justice system and law enforcement also recognize that jail time can wreak havoc on the lives of people whose unproven charges are often low-level offenses that cause little or no harm to others. The effects are harder on the poor.

“There are lots of collateral consequences to periods of detention, even short periods of detention, from loss of jobs to loss of schooling, to loss of benefits, public assistance, veteran’s benefits,” said Arnold-Burger. “The list is long.”

A new way of assigning bail

One possible alternative is a statistics-based system already used by some of the most populous counties in Kansas. Data-based pretrial risk assessment takes information gathered from years of arrests and trials. It pinpoints which characteristics are related to two outcomes the corrections system wants to avoid: a defendant skipping their court date or committing another crime once they’re released on bail.

Depending on which factors they meet, defendants are assigned a risk level with a corresponding recommendation for a bail amount. In Johnson County, which has used a form of risk assessment since 2009 for minor crimes, that amount ranges from $0 to more than $50,000.

The county has had a custom risk assessment based on its own arrest data since 2014 and has revised it multiple times. County corrections director Robert Sullivan said the system is currently being used to assess people who have been charged with crimes that are likely to carry a sentence of probation, rather than prison.  The county plans to expand the assessment to all detainees in February.

“What we’re trying to do is move away from basing release from jail on (a defendant’s) ability to make bond,” said Sullivan, “and base it more on a detainee’s risk of failing to appear for court.”

The county hired University of Missouri-Kansas City professor Alex Holsinger to develop the system. Holsinger analyzed data from 2011 and 2012 to find which characteristics were most related to a failure to appear in court or committing another crime.

Holsinger found that people who live outside of the state are more likely to skip court than people who live in Kansas. Prior arrests, substance abuse and being unemployed are other risk factors.

The nature of the charge also has an effect.

“If your charge is DUI related, that’s considered a risk factor. If it’s drug related, that’s considered to be even more of a risk factor,” Holsinger said. “Somebody who doesn’t have any (previous) jail time is considered less risky than somebody who does.”

The factors are tallied into a numerical score. That’s handed to judges, who decide whether to set cash bail or other conditions of release based on a defendant’s risk level and other factors.

The result is a system that recommends the highest cash bonds — of $50,000 or more — for people who are deemed to be “extreme” risk. That category includes those who are charged with felony crimes that are likely to carry a prison sentence if the defendant is found guilty.

Much lower amounts — between $0 and $2,500 — are recommended for people deemed “low,” “moderate” or “significant” risk. Those defendants are generally charged with misdemeanors, or felonies that carry a presumptive sentence of probation, rather than prison.

For example, a person who is charged with a misdemeanor DUI, who lives outside of Kansas but doesn’t have any other risk factors, would receive a score of 3. That means the person is considered “low risk,” and could be released, not on cash bail, but on a personal recognizance bond — a signature promising to come back.

But another person charged with the same crime might receive a higher score if they are unemployed, have been in jail before, have a history of substance abuse, live outside of Kansas, and were first charged with a crime below the age of 21 — all risk factors.  That person would receive a risk score of 8 and would be considered “serious risk,” which carries a recommended bond amount of up to $2,500.

Holsinger said the scoring system helps judges make more objective decisions while still allowing them discretion.

“The risk assessment does not make the decision for anybody,” he said. “You still have professionals and human beings that are ultimately making and implementing the decisions.”

One of those professionals is Daniel Vokins, who has been a judge in Johnson County for more than 13 years. The score and the information provided by the risk assessment, he said, are a far cry from years past when defendants had to rely on defense attorneys to pass on information — that is, if they could even afford to hire one before their first court appearance.

“We didn’t have any information that zeroed in on what was going on in the defendant’s lives as far as work and home life,”  Vokins said. “This tool gives us a lot more information, not only when they are in court for the first time, but even when I review cases to decide whether to issue arrest warrants or not.”

The results of the risk assessment help Vokins choose whether to assign a cash amount for bail or to let a defendant go on a personal recognizance bond — a signed promise to come back for trial. The facts provided also inform whether he’ll impose other pretrial conditions on a defendant, such as drug counseling, alcohol monitoring or house arrest.

Vokins said pretrial detention and high bail amounts are more appropriate for people who are charged with crimes like murder, sexual assault or repeated DUIs. People charged with low-level crimes pose a much smaller public safety risk if released.

“Let people out that need to be out,” he said. “Help them with any services that might be available to turn their lives around.”

‘Garbage in …’

But some critics of data-based pretrial risk assessments say the formulas don’t do enough to mitigate the negative effects of pretrial detention.

“We shouldn’t be judging people and making decisions about their freedom based on what other people have done in the past,” said John Raphling, a senior criminal justice researcher at Human Rights Watch.

Those critics say risk assessments can perpetuate racist and class-based biases built into the data. Because people of color and poor people are already more likely to be stopped by the police and arrested, Raphling argued, the data will reflect that they are more likely to re-offend or skip court if they’re let out on bail.

“The arrest history that’s used to estimate whether you’re going to commit a future crime or not is already biased out the gate,” Raphling said. “The theory is: ‘garbage in, garbage out.’”

He argues in favor of more individualized attention for each person who is arrested.

“There should be real due process,” Raphilng said, “not some hokey machine that the estimates the likelihood of them coming back to court.”

Holsinger, on the other hand, argues that degree of individual attention is impossible in a crowded court system.

“It’s not a therapy session,” he said. “Justice systems are typically very busy systems.”

He said he controlled for demographics in his statistical analysis, isolating variables affecting defendants’ likelihood of skipping court or committing another crime, regardless of characteristics such as race or sex.

Data provided by Johnson County show that between March 2016 and May 2017, 15 percent of white defendants were assigned a “low” risk level, 28 percent were assigned a “moderate” risk level and 57 percent were assigned a “high” risk level. Those proportions were almost exactly the same for black defendants, the only other racial group for which data was provided.

Next steps

Racial bias, public safety and reducing jail and prison populations will be on the minds of the members of Kansas’ Pretrial Justice Task Force as they develop their recommendations over the next year and a half. Data-based pretrial risk assessment is likely to be on the list of recommended reforms.

“There’s a wide range of approaches,” said Arnold-Burger, chair of the task force. “And we need to find out what works best in our state.”

Meanwhile, Holsinger has plans for another revision of Johnson County’s pretrial assessment.

After a few years, the data showed that a history of mental and behavioral health issues wasn’t as good a predictor of negative outcomes as Holsinger thought it would be. He plans to remove the mental health flag from the list of risk factors associated with skipping court and committing another crime.

“That’s a part of the ongoing evolutionary nature,” he said, “of this entire endeavor.”

Nomin Ujiyediin is a reporter for the Kansas News Service. You can reach her on Twitter @NominUJ.

Partly Sunny, breezy Saturday

Today
Partly sunny, with a high near 44. West northwest wind 9 to 14 mph, with gusts as high as 24 mph.
Tonight
Mostly cloudy, with a low around 27. West wind 9 to 13 mph.
Sunday
Mostly sunny, with a high near 54. West wind 9 to 11 mph.
Sunday Night
Partly cloudy, with a low around 30. Southwest wind 11 to 17 mph becoming north northwest after midnight. Winds could gust as high as 28 mph.
Monday
Partly sunny, with a temperature falling to around 27 by 5pm. Windy, with a north northwest wind 18 to 26 mph, with gusts as high as 40 mph.
Monday Night
Mostly clear, with a low around 18.
Tuesday
Mostly sunny, with a high near 38.
Tuesday Night
Partly cloudy, with a low around 13.
Wednesday
Sunny, with a high near 29.

Teacher of the Month: Wamser: Love makes kindergarten an easy place to be

Heidi Wamser, Roosevelt kindergarten teacher, stands outside of her class in front of her students’ hand prints and melted snowmen art.

Editor’s note: This month’s Hays Post Teacher of the Month was awarded a special prize. Heidi Wamser, Roosevelt kindergarten teacher, will be the honorary game captain at the Harlem Globetrotters game Feb. 5 at Gross Memorial Coliseum.

By CRISTINA JANNEY
Hays Post

When you walk into a classroom full of students who love you and are all excited to be at school, it is an easy place to be, said Heidi Wamser, Roosevelt kindergarten teacher.

Wamser is in her 19th year of teaching kindergarten, all of which have been in Hays USD 489 schools.

She was nominated to be January’s Hays Post Teacher of the Month by parent Brandi VonLintel.

“Throughout every parent’s journey in their child’s education, many of us are lucky to have teachers like Mrs. Wamser,” VonLintel wrote in her nomination. “She taught my child four years ago and still has left an imprint on him to this day.

“Helping in her classroom throughout his year with her, I saw exactly what every child got to experience while in her care. She has the ability to inspire, ignite imagination and truly care about her students — going above and beyond to provide extra activities and special treats throughout the year.”

VonLintel continued, “I cannot thank her enough for helping instill the love of learning in my child, and I know without a doubt that she will continue to do this for all of her classroom children throughout her career.”

Wamser said she loves teaching kindergarten because of the kids.

“The biggest thing is that they still love every minute of being at school,” she said. “They love each other. They love their school. They love their teacher.

“Plus the math gets super harder as you get older, and I am not good at math,” Wamser joked.

Wamser said her favorite part of teaching the littlest students is when they learn something new.

“I think the best is the light in their eyes and the moment they actually figure something out they have been working so hard on,” she said. “You can literally see the light bulb go on by the smile on their face or you can see their shoulders aren’t hung anymore.

“I always try to tell them, ‘Look what you did! Look what you figured out!’ So that they know this was on you. This is not me. It wasn’t me who figured it out. You did. You are 5 or 6 and you read that book or you wrote that story or you did that math problem. I don’t think you see that kind of joy and love in classroom work at the upper grades as much.”

Wamser comes from a family of teachers. Both her father and mother were teachers. Her mother taught for more than 30 years at Munjor and then at Wilson Elementary School.

“I saw the work she put in,” Wamser said. “She was a first-grade teacher and then switched to second grade. Weekends, nights, holidays — she was always at school. I knew that it was going to be a difficult profession, but yet so rewarding in the end.”

Wasmer said she has seen that reward in her career. She has the opportunity to touch the lives of the 23 children in her class seven hours per day for 10 months out of the year.

“Everyone’s profession is important,” she said. “One couldn’t do something without another. But when you think about it, lawyers couldn’t be lawyers without a teacher. Doctors won’t be doctors without a teacher. A teacher has to touch every single person’s life. No matter what their outcome is as a job or profession, they are influenced by a teacher all the time. It is a pretty powerful position to be in.

“People who teach are amazing individuals. It is a lot when you sit down and think about it.”

She takes that position of power seriously. She described kindergarten as the children’s ground floor. She builds on that ground floor through positive reinforcement, teamwork and success.

When a child accomplishes a task, Wamser encourages the child to share the accomplishment with his or her friends.

“For instance if Legos was in groups this week and someone created their snowmobile, we show the entire class. Everyone gives that child a round of applause and we take their picture and we post it — so parents can see and their friends can see. It becomes an important thing, and it drives them in the end to create again. When they have another group like that, they are more apt to work hard to see if they can get to that point again.”

One of Wamser’s great honors in her teaching career was teaching both of her daughters. During school hours, the girls had to address their mother as Mrs. Wamser, but it was still “Mom” at home. The children in her class didn’t figure out until January when her oldest daughter’s birthday rolled around the two were related. The children in her youngest daughter’s class didn’t figure out the relationship until almost spring break when the class started talking about last names.

“Not treating them differently was tricky, because I am Mom, but yet being able to see everything that they were experiencing at a kindergarten level because I was the teacher, that was pretty amazing,” she said.

In January, Wamser focuses lessons on Martin Luther King Jr. and the holiday that celebrates his birthday. She wears a “Teach Peace” T-shirt and the children participate in an activity involving eggs. This activity provoked one of her favorite teaching memories.

Wamser brings in eggs that are brown, white, speckled and sometimes blue. The children talk about how the exteriors of the eggs look very different. She then asks the children what they think the eggs will look like on the inside. Most of think the eggs will look very different on the inside. She cracks the eggs and all of the eggs look the same on the inside.

She has the children look at their skin and hair. They notice that they all look a little different.

One year, Wamser had a boy in her class whose father was from Africa and had dark skin. When the children compared skin, it was if for the first time he realized that his was different.

“At 5 years old, it took 87 days for him to figure out, ‘I’m different on the outside,’ but in kindergarten you can make them believe they are all the same. They are all 5 and 6 years old. They all look the same. They all feel the same. …

“Then all of the other kids were,’So, who cares that you look different on the outside?’ By that time we had opened up all the different eggs, and the kids said, ‘But you are the same on the inside. You’re our friend, and that makes you like everybody else.’ I tear up, because they are so innocent and so lovingly blind to the fact people are different. What point do they change and become nasty to each other? Everyone needs to see that lesson from a 5 and 6 year old’s eyes — to see, ‘No, everybody’s the same.’ ”

She said she walks away from instances like that and thinks, “Thanks for teaching me something today.”

Wamser tries to end each day with a moment of love and reassurance. Each child can opt for a handshake, high five or a hug as they leave her class.

“I feel they walk out with something positive even if it has been a really cruddy day or something happened. So the next day they are still going to know that Mrs. Wamser is still going to love you. She is still going to be right here at the door. Sometimes the most normal part of a child’s life is that seven hours they are at school in the day.”

KDA plans international trade missions

KDA

MANHATTAN — Together, the Kansas Department of Agriculture and the Kansas Department of Commerce were recently awarded a $200,000 State Trade Expansion Program (STEP) Grant award for use in 2019. Since the grant’s inception in 2012, more than 100 Kansas small businesses have participated and achieved $23 million in actual export sales. To further broaden Kansas’ exporter base and to increase the export value and volume, the two departments have joined forces during the 2019 grant year to focus on three main areas: export training, foreign trade shows and trade missions, and market entry support.

The following KDA STEP Grant trade missions are planned for 2019. All dates are tentative.
• Thailand: livestock genetics/equipment and animal health sector, March 28-31, 2019
• Agritech Expo, Zambia: livestock genetics/equipment and animal health sector, April 11-13, 2019
• Foro Mascotas Pet Food International, Mexico: pet food and pet food manufacturing equipment, May 28-30, 2019
• AGRO 2019, Ukraine: agriculture equipment, June 4-7, 2019

Additionally, KDA has planned the following U.S. Livestock Genetics Export trade missions in 2019. The goal of these missions is to provide an opportunity for Kansas’ purebred cattle producers and allied industry to develop relationships with livestock producers to increase market opportunities for U.S. and Kansas beef and dairy genetics.
• La Exposición Rural and ranch visits, Argentina: late July 2019
• Expo Prado and ranch visits, Montevideo, Uruguay: mid-September 2019

Applications for trade missions are due approximately two months prior to tentative travel date. For additional information about the 2019 international travel opportunities, and to apply for any of the missions, please visit www.agriculture.ks.gov/international or contact Suzanne Ryan-Numrich, KDA international trade director, at 785-564-6704 or [email protected].

Total Kansas agriculture exports totaled $3.6 billion in 2017. KDA’s mission is to provide an environment that enhances and encourages economic growth of the agriculture industry domestically and internationally.

Monarchs split doubleheader with Abilene

Hays – The TMP-Marina Monarchs basketball teams split a non-conference doubleheader with Abilene Friday at Al Billinger Fieldhouse.

Girls: TMP 44, Abilene 35

The TMP Lady Monarchs held Abilene scoreless for just over six minutes and twenty second in the third quarter while they built a double-digit lead on their way to a 44-35 win.

Rose McFarland postgame interview

Emily Schippers scored seven of the first nine points for the game as the Monarchs jumped out to a 9-2 lead to open the game. But the Cowgirls answered with a 9-0 run to end the first-quarter. They extended the run to 13-4 run to end the first-half to take a 15-13 lead into the break.

An Abilene free throw just 15 second into the second half gave the Cowgirls a 16-13 lead. The Monarchs scored 15 points over the next six minutes and twenty-one second to lead 28-16. Adell Riedel connected on a pair of three-pointers during the run and Jillian Lowe added a third three to put the Monarchs up 12.

After a brief Abilene run to cut the deficit to six but the Monarchs finished the quarter with four straight to lead by 10 at 32-22.

In the forth quarter the Monarchs built an 18-point lead before Abilene closed the gap to nine at 44-35.

Emily Schippers led the way for the Monarchs and tied for a game-high with Hannah Willey with 16 points each.

Game highlights

TMP improved to 9-4 on the season while Abilene dropped to 10-2.

Boys: Abilene 62, TMP 45

Abilene outscored the TMP 17-5 in the second quarter as they won their 10th straight game over the Monarchs in a 62-45 victory Friday.

Bill Meagher postgame interview

The Monarchs opened the game on a 4-0 run but the Cowboys stormed back with a 9-0 lead and lead 17-13 after the first quarter.

In the second quarter TMP cut the deficit to two on a pair of Jared Mayers free throws but the Cowboys answered with a 17-5 run and led 34-20 midway through the second quarter.

Abilene never trailed the rest of the way as they earned a 62-45 win.

Ryan Karlin led the Monarchs with 14 points and Jackson Schulte also finished in double-figures with 12.

Game highlights

TMP falls to 8-5 with the loss while Abilene improved to 9-4.

High school basketball scoreboard Jan. 25

Girls

Western Athletic Conference
Salina Central 65 Hays 73

Mid-Continent League
Abilene 35 TMP 44
Hill City 25 Trego 57
Stockton 35 Smith Center 59
Oakley 41 Phillipsburg 44

Central Prairie League
LaCrosse 33 Victoria 43

Hilltop Hoops Classic in Great Bend
5th Place – Macksville 42 Ness City 32
3rd Place – Larned 46 Little River 29
Champ – Central Plains 60 St. John 19

Northern Plains League
Otis-Bison 53 Sylvan-Lucas 36
Osborne 38 Lakeside 42
Southern Cloud 29 Thunder Ridge 64
Wilson 52 Rock Hills 27

Northwest Kansas League
Quinter 31 Hoxie 45

Central Kansas League
Ellinwood 39 Lyons 52

Western Kansas Liberty League
Triplains/Brewster 16 Golden Plains 59
Logan 47 Northern Valley 42

Great Western Activities Conference
Norton 44 Goodland 23
Liberal 52 Hugoton 31
Colby 63 Holcomb 41
Scott City 54 Lakin 27

Mid America Classic in McPherson
Ulysses 43 McPherson 46
Dodge City 39 Wichita Southeast 69

Newton Invitational
Newton 35 Garden City 33

Boys

Western Athletic Conference
Salina Central 52 Hays 39
Great Bend 83 Dodge City 71

Mid-Continent League
Abilene 62 TMP 45
Ellis 58 Plainville 39
Stockton 56 Smith Center 51
Oakley 37 Phillipsburg 58

Central Prairie League
LaCrosse 60 Victoria 48

Northern Plains League
Otis-Bison 55 Sylvan-Lucas 29

Northwest Kansas League
Quinter 38 Hoxie 53

Western Kansas Liberty League
Logan 33 Northern Valley 69

Great Western Activities Conference
Norton 39 Goodland 33
Liberal 52 Hugoton 31
Scott City 69 Lakin 60

Hays splits with Salina Central

Girls

Hays 73 – Salina Central 65 

Strong runs to open the game and close out the first half propelled Central to a 39-26 lead at the break.  The Mustangs started on a 7-1 run over the first minute of the game.  They ended the second quarter on a 15-4 run over a 5:30 minute span.  Just before the end of first half run, Hays had closed the game down to a two point deficit at 24-22.  Hays trailed Central 39-26 at halftime.

Highlights

 

Like a switch was flipped at halftime, Hays opened up the second half on a 20-2 run to take the first lead of the game.  The Indians scored the first seven points of that run in the the first minute of the second half.  Salina Central called time out and scored a basket only to see Hays run off 13 more points and take their first lead of the game at 46-41.  Hays led 48-45 heading into the fourth quarter.

Central tied the game at 48 and took a lead at 51-50.  It would be their final lead of the game.  Tied at 53 the Indians scored the games next seven points to lead 60-53.  Central answered back with six in a row to get within only to have Hays score six in a row themselves.  The Indians led 66-62 before getting a Savannah Schneider field goal to go up by six and the Indians made five of their final six free throws to win 73-65.

Coach Alex Hutchins

 

Savannah Schneider scored a career high 26.  Jaycee Dale has now scored in double figures in five straight contests after scoring 15.  Brook Denning scored then, all in the second half.

Hays improves to 8-3 and has won five in a row and seven of eight games.  Salina Central falls to 7-5.

Boys

#7-5A Salina Central 52 – Hays 39

The boys game was tied early at five points a piece.  Hays fell 5-0 and then answered with a three from Braiden Meyers and a field goal by field goal by TJ Nunnery.  Central then ended the first quarter on a 14-3 run to lead 19-8.  Hays cut a 13 point lead down to seven on back to back threes from Meyers at 23-16.  The Indians had the ball down seven but could not score.  Central ended the second quarter on a 9-2 spurt and led 32-18 at halftime.

Highlights

 

Hays scored the first five points of the third quarter getting back within nine but Central answered with eight points of their own to take their largest lead of the game at 40-23.  Over the next 5:00 minutes Hays had the best stretch of basketball leading into the first basket of the fourth quarter.  A 12-2 run cut the 17 point deficit down to seven with 7:20 left in the game.  Central scored a three pointer on the ensuing possession to lead again by 10.  The Indians went scoreless on their next eight possession down by 10 and did not score for the next 3:30.  Central closed the game outscoring Hays 52-39.

Coach Rick Keltner

 

Hays falls to 6-5 as Braiden Meyers ties his career high with 12.  Tradgon McCrae added 11 in the loss.  #7-5A Central improves to 10-2 on the year.

Suspect jailed in death of 75-year-old Kansas woman

JOHNSON COUNTY—Law enforcement authorities are investigating the death of a  a 75-year-old suburban Kansas City woman.

McMannes -photo Johnson County

Just after 3p.m. Wednesday, police responded to a home in the 300 Block of South Cardinal Drive in Olathe to investigate a medical call and a woman not breathing, according to a media release from police.

First responders determined that the woman had died. Her cause of death later was ruled a homicide.  On Thursday, police arrested Raymond Thomas McMannes, 51, and booked him into the Johnson County jail, according to online booking records.

McMannes is being held on a $1,000,000.00 bond. His first court appearance is scheduled for 1:30p.m. Friday.  Police have not released how the victim died or her name.

Update: President Trump signs bill to end government shutdown

WASHINGTON (AP) — The Latest on the partial government shutdown (all times local):

Trump makes comments from the Rose Garden Friday afternoon-courtesy White House

9:25 p.m.

President Donald Trump has signed a bill that temporarily opens the federal government for three weeks, ending the longest shutdown in U.S. history at 35 days.

The White House says Trump signed the measure after the Senate and House each passed it Friday.

Trump backed down from his demand that Congress provide more border wall money before federal agencies get back to work. But he warns that the government could shut down again “if we don’t get a fair deal from Congress.”

He is also holding out the possibility of taking executive action.

The agreement to open the government came as about 800,000 federal employees missed their second consecutive paycheck.

As part of the deal, a bipartisan committee of House and Senate lawmakers is being formed to review border security recommendations.

___

7:55 p.m.

President Donald Trump is pushing back against criticism of his agreement to reopen the federal government without winning a promise of new funding for a border wall.

With even some conservatives casting the agreement as a retreat by the president, Trump is tweeting that it “was in no way a concession” on his part.

Trump says the deal will take care of millions of people who were getting badly hurt by the shutdown.

And he’s emphasizing that it was only done “with the understanding that in 21 days, if no deal is done, it’s off to the races!”

The shutdown was ending as Democratic leaders had insisted it must — reopen the government first, then talk border security.

As part of the deal, a bipartisan committee of lawmakers will consider additional border spending in the weeks ahead.

___

7:50 p.m.

President Donald Trump will not be delivering his State of the Union Address next Tuesday, even though the federal government is expected to be reopened by then.

Trump had postponed the joint address to Congress amid the partial shutdown. House Speaker Nancy Pelosi had suggested he do so and — after some high-profile back-and-forth between the two — the president ultimately agreed.

With Trump and congressional leaders reaching a deal Friday to reopen the government, the speech is expected to be rescheduled.

But it will not be next week as once planned, according to a person familiar with the planning but unauthorized to discuss it.

___
2:25 p.m.

President Donald Trump says he’ll sign legislation shortly to reopen shuttered government departments for three weeks — until Feb. 15.

Trump’s action would end what has become a record, 35-day partial shutdown.

Some 800,000 federal workers have had to work without pay or have been kept from doing their jobs as Trump and congressional Democrats were locked in a stalemate over the billions of dollars that Trump has demanded to build a U.S.-Mexico border wall.

Trump spoke at the White House on Friday as intensifying delays at some of the nation’s busiest airports and widespread disruptions brought new urgency to efforts to break the impasse.

___

2 California women held on $100K bond after Kan. traffic stop

PAWNEE COUNTY —Law enforcement authorities are investigating two suspects on drug charges after a traffic stop.

Jessica Hupp

Jessica Hupp, 35 of Indio, California, and Monica Carranza, 48 of Coachella, California, were arrested without incident by the Pawnee County Sheriff’s Department January 22, 2019, following a traffic stop on a probable cause suspicion of possession of heroin and methamphetamine with intent to distribute. The K-9 unit was utilized in the search of the suspect vehicle, according to a media release from the Pawnee County Sheriff.

Following review of the probable cause affidavits, the Pawnee County Attorney’s Office charged Hupp with (1) Possession in excess of 100 grams of Heroin with intent to distribute; (2) Possession in excess of 100 grams of Methamphetamine with intent to distribute; (3) Possession of Methamphetamine; (4) Possession of Drug Paraphernalia, to wit: smoking device; and (5) Failure to Use Proper Turn Signal. Carranza was charged with (1) Possession in excess of 100 grams of Heroin with intent to distribute; (2) Possession in excess of 100 grams of Methamphetamine with intent to distribute; Possession of Methamphetamine; and (3) Possession of Drug Paraphernalia.

Under Kansas law, there is a rebuttable presumption of intent to distribute if any person possesses a quantity of at least 3.5 grams or more of heroin or methamphetamine. In addition to the two kilo of heroin and two and half kilos of methamphetamine being seized, the defendants’ rental vehicle and cellular telephones were also seized. The investigation remains open.

Monica Carranza photo Pawnee Co.

The defendant’s made their First Appearance in the Pawnee County District Court Friday morning (Jan. 25) and were advised by Magistrate Judge Dale Snyder that the distribution charges carry presumptive prison sentences of between 138 and 204 months on each count depending on their criminal history. Both defendants requested court appointed counsel.

Bond was set at $100,000 cash or surety. Judge Snyder also entered an order prohibiting the defendants from leaving the State of Kansas should they post bond.

Preliminary Hearings have been scheduled for February 8, 2019.

🎥 Rezoning request approved; triggers examination of procedures, notification

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By BECKY KISER
Hays Post

A unanimous vote to approve a rezoning request in east Hays was preceded by discussion among city commissioners Thursday night about rezoning procedures and notifications to the public.

The request had already been approved by the Hays Area Planning Commission during a public hearing Dec. 17, 2018.

Luke Oborny lives at 1720 Wheatland Ave. His home is near the property at the southeast corner of 22nd and Wheatland that was approved for rezoning from neighborhood to commercial.

Luke Oborny wants Wheatland Avenue to remain a Neighborhood zone.

Oborny said he feels the requirement for notification of property owners within 200 feet of the rezoning request “isn’t very far” and should be increased. “We would like Wheatland Avenue to remain residential.”

Speaking to the city commissioners before they voted, Oborny said he and his wife Kristy were not notified of the public hearing by the planning commission and felt they should have been contacted.

Mayor Henry Schwaller noted the planning commission is a legally separate entity from the Hays city commission.

“We can’t tell them what to do but they could consider a bigger notification area,” Schwaller said.

“They can,” confirmed John Bird, city attorney. “That makes sense to me,” added Schwaller. “[Oborny’s] house is not very far away.”

“The process doesn’t feel right or transparent,” Oborny added. He was also concerned about the variety of commercial operations allowed in the requested C-2 Commercial General District zoning. “What does it leave out?”

According to the city’s Unified Development Code (UDC), C-2 zoning includes 28 allowable businesses, from offices and group day cares to drinking establishments and gas stations.

“This lot would not be appropriate for most of these uses, but some of them, yes. Regardless of our business tonight, would we want to revisit this in a future discussion and change the zoning groups?,” Schwaller asked the commission.

“We’re not supposed to know what’s going to go there but they’re seeking this so they can operate a business.”

Jesse Rohr, public works director, told the commission all property owners within 200 feet of the subject property were notified of the Planning Commission public hearing, as required by state statute.

Property to the north, south and east is zoned residential, including general, single family and duplex, and multi-family.

The property across Wheatland Street to the west is zoned C-2 and is the site of the Kansas Dept. of Children and Families building.

Commissioner Sandy Jacobs said she appreciated the Obornys coming to the meeting with their concerns.

“It seems to me the use that’s being requested is pretty complementary for that area given the fact that North Central Kansas Technical College is across the street and the hospital is across the street,” Jacobs pointed out. Both institutions are on the north side of 22nd Street.

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“Since C-2 zoning is across the street (west to Canterbury) and as you go east to the other end of 22nd to Bruckner’s, it feels right to me for that whole thing,” she said, adding she’s also in favor of any future discussion about zoning.

“A lot of the things in C-2 can be eliminated because of this lot size,” noted Commissioner Ron Mellick.

“The letter of the law was followed,” said Commissioner James Meier, “but Mr. Oborny feels like it wasn’t above board, perhaps.

“… I do think that we need to be very cognizant of being completely above board and giving everybody notice.  I understand the 200-foot rule or notification comes from the state statute, but I agree there’s no reason why we can’t give more notice.”

Update: Militia members get decades in prison for SW Kansas bomb plot

WICHITA, Kan. (AP) — Three militia members convicted of taking part in a foiled plot to massacre Muslims in southwest Kansas were sentenced Friday to decades in prison during an emotional court hearing in which one of the targeted victims pleaded: “Please don’t hate us.”

Patrick Stein-photo Butler Co.

U.S. District Judge Eric Melgren sentenced Patrick Stein, the alleged ringleader, to 30 years in prison and Curtis Allen, who drafted a manifesto for the group, to 25 years. Gavin Wright, who authorities said helped make and test explosives at his mobile home business, received 26 years. The plot was foiled after another militia member alerted authorities.

Melgren dismissed defense attorneys’ request that he take into the account the divisive political atmosphere in which the men formed their plot to blow up a mosque and apartments housing Somali immigrants in the meatpacking town Garden City, about 220 miles (355 kilometers) west of Wichita, on the day after the 2016 election.

“We have extremely divisive elections because our system is to resolve those through elections and not violence,” Melgren said.

Stein’s attorneys have argued that he believed then-President Barack Obama would declare martial law and not recognize the validity of the election if Donald Trump won, forcing militias to step in. Stein’s attorneys noted that during the 2016 campaign, all three men read and shared Russian propaganda on their Facebook feed designed to sow discord in the U.S. political system.

Curtis Allen-photo Sedgwick Co.

Attorney Jim Pratt told the judge that for years Stein had immersed himself in right-wing media and commentators, who normalized hate. But Melgren was openly skeptical, telling Pratt: “Millions of people listen to this stuff — whether it comes from the left or the right.”

Prosecutors presented video testimony from some Somali immigrants who were the targets of the bombing. In one clip, Ifrah Farah pleaded: “Please don’t kill us. Please don’t hate us. We can’t hurt you.”

Allen, 51, choked up as he addressed the judge, prompting his attorney to step in and finish reading a prepared statement in which Allen offered “my sincere apologies” to anyone who was frightened and asked for their forgiveness. But Stein, 49, apologized only to his family and friends, and the judge noted when sentencing him that, unlike Allen, he had shown no remorse.

Gavin Wright-photo Harvey Co.

Wright, 53, apologized to the court, saying the plot is “not who I am.” He also apologized to the immigrants who lived at the apartment complex. The judge later said Wright’s courtroom statement showed he was still in denial about what he did, adding and he did not buy that there was any remorse on Wright’s part.

Melgren sentenced Stein to 30 years for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. He sentenced Allen and Wright to 25 years for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. Those sentences will run concurrently. Wright also got an additional year to be served consecutively for lying to law enforcement, bringing his total sentence to 26 years.

The judge told all three men that the planned attack was worse than the Oklahoma City bombing because the Garden City plot was motivated by hatreds of race, religion and national origin.

The Kansas plot was thwarted when militia member Dan Day tipped off authorities to escalating threats of violence. He testified at the men’s trial last year that Stein started recruiting others to kill Muslim immigrants after the June 2016 mass shooting at the Pulse nightclub in Orlando, Florida, by a gunman who had pledged allegiance to the Islamic State group.

Recordings that prosecutors played for jurors last April portrayed a damning picture of a splinter group of the militia Kansas Security Force that came to be known as “the Crusaders.”

Acting Attorney General Matthew Whitaker in a news release called the sentences “a significant victory against hate crimes and domestic terrorism.”

“These defendants planned to ruthlessly bomb an apartment complex and kill innocent people, simply because of who they are and how they worship,” FBI Director Christopher Wray said.

The sentencing hearings for the men came a day after two members of an Illinois militia known as the White Rabbits pleaded guilty in the 2017 bombing of a Minnesota mosque , admitting they hoped the attack would scare Muslims into leaving the U.S. No one was injured in that attack.

———

5:20 p.m.

The alleged ringleader of a foiled plot to massacre Muslims in southwest Kansas has been sentenced to 30 years in prison.

Patrick Stein was sentenced Friday for his role in the plot to blow up a mosque and apartments housing Somali immigrants in Garden City. The attack was planned for the day after the 2016 election. Stein was one of three militia members convicted last year.

The plot was thwarted by another militia member who tipped off authorities to escalating threats of violence. He testified that Stein started recruiting others to kill Muslim immigrants after the June 2016 mass shooting at the Pulse nightclub in Orlando, Florida, by a gunman who had pledged allegiance to the Islamic State group.

Prosecutors had sought life in prison. Stein’s attorneys asked for 15 years.

A judge sentenced Stein to 30 years for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. The sentences will run concurrently.

Curtis Allen was sentenced to 25 years for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. The sentences will run concurrently.

Late Friday, the judge sentence Gavin Wright to 25-years in prison along with an additional 10- years supervised release. He also received a one 1-year sentence for lying to the FBI.

___

12:10 p.m.

A man who authorities say drafted a manifesto for militia members involved in a foiled plot to massacre Muslims in southwest Kansas has been sentenced to 25 years in prison.

A judge sentenced Curtis Allen on Friday for his role in the plot to blow up a mosque and apartments housing Somali immigrants in Garden City. The attack was planned for the day after the 2016 election. Allen was one of three militia members convicted last year.

Allen was sentenced to 25 years for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. The sentences will run concurrently.

Authorities say Allen drafted the group’s handwritten manifesto that outlined grievances against the government for — in the document’s words — “not enforcing our borders.” Authorities say the men planned to release the manifesto after the bombing.

Prosecutors had sought life in prison. Allen’s attorneys asked for 10 years.

 

___

10 a.m.

Somali immigrants targeted in a foiled plot to blow up their mosque and apartments in southwest Kansas told a judge through video testimony that they are still scared.

Prosecutors played five video clips of the Somalis at the sentencing Friday of Patrick Stein, Gavin Wright and Curtis Allen. The three militia members were convicted last year of plotting the attack in Garden City for the day after the 2016 presidential election.

In one video, Ifrah Farah pleaded: “Please don’t kill us. Please don’t hate us. We can’t hurt you.”

Garden City police Chief Michael Utz asked the judge to send a strong message that this type of behavior will not be condoned.

Prosecutors are seeking life terms. The men are asking for shorter terms of 15 years, 10 years and time served.

The plot was thwarted after another militia member tipped off authorities.

___

By ROXANA HEGEMAN ,

WICHITA, Kan. (AP) — Three militia members face the possibility of life in prison for a foiled plot to massacre Muslims in southwest Kansas by blowing up a mosque and apartments housing Somali immigrants.

At separate sentencing hearings for the men on Friday, the government plans to play video clips of the intended victims talking about the impact the case has had on their community.

Patrick Stein , Curtis Allen and Gavin Wright , all of whom are white, were convicted last year of plotting an attack in Garden City for the day after the 2016 presidential election. The meatpacking town is about 220 miles (354 kilometers) west of Wichita. Prosecutors are seeking life terms for the three men, while defense attorneys are variously pleading for shorter terms of 15, 10 or even time served. The men have been imprisoned since their October 2016 arrests.

In court filings, defense attorneys asked the judge to take into account rhetoric from President Donald Trump that they say has encouraged violence. Stein’s attorneys noted that during the 2016 campaign, all three men read and shared Russian propaganda on their Facebook feed designed to sow discord in the U.S. political system.

Attorneys for Stein, who prosecutors have alleged was the ringleader, are seeking 15 years. Allen, who allegedly drafted a handwritten manifesto for the group denouncing the government for “not enforcing our borders,” is asking for 10 years. Wright, who authorities said helped make and test explosives at his mobile home business, is asking that he be sentenced to “time served.”

Their sentencings come a day after two members of an Illinois militia known as the White Rabbits pleaded guilty in the 2017 bombing of a Minnesota mosque , admitting they hoped the attack would scare Muslims into leaving the U.S. No one was injured in that attack.

The Kansas attack was foiled when another member of the group tipped off authorities about escalating threats of violence. Dan Day, who was given the code name “Minuteman” by his FBI handlers, agreed to wear a wire as a paid informant .

The investigation captured months of profanity-laced recordings in which militia members discussed plans and referred to the Somalis as “cockroaches.” Recordings that prosecutors played for jurors at the April trial portrayed a damning picture of a splinter group of the militia Kansas Security Force that came to be known as “the Crusaders.”

Day testified that Stein started recruiting others to kill Muslim immigrants after the June 2016 mass shooting at the Pulse nightclub in Orlando, Florida, by a gunman who had pledged allegiance to the Islamic State group. In one recording, the three men talked about how they hoped the Kansas bombing would “wake people up” and inspire other attacks against Muslims around the U.S.

Stein, Wright and Allen were convicted of conspiracy to use a weapon of mass destruction and conspiracy against civil rights. Wright was also found guilty of lying to the FBI.

Update: Kansas diocese inquiry into abuse of minors names 22 clerics

KANSAS CITY (AP) — A law firm that reviewed 75 years of clergy files in the Roman Catholic Archdiocese of Kansas City in Kansas found 22 substantiated claims of sexual abuse against priests or other clerics, the archdiocese announced Friday.

The archdiocese released the names of all 22 men in its publication, The Leaven . None of the 22 men are currently ministering in the archdiocese, according to list. Eleven have died; seven have been “laicized,” meaning they were removed from clerical service; one was “removed from ministry;” one was last known to be at a friary in Denver; and the status of two others are unknown.

Archbishop Joseph Naumann said in a column in The Leaven that it is difficult to “discern the truth” of an event from decades ago, especially when the accused is deceased and other people’s memories have faded.

“The list that we are providing today is accurate based on the information we possess at this moment,” Naumann wrote.

The Husch Blackwell law firm reviewed about 1,080 clergy files to compile the list. A report based on the investigation has been shared with the Kansas attorney general’s office and the list will be updated if more information becomes available, the archbishop said.

The archdiocese hired the law firm in August when the Catholic Church was shaken by a grand jury report that found abuse by up to 300 priests in six Pennsylvania dioceses over the last 70 years, and reports that Pope Francis and other church leaders knew about sexual misconduct allegations against the former archbishop of Washington, Theodore McCarrick, but rehabilitated him anyway.

“I thank the victims who have courageously come forward with allegations in order to prevent someone else from being victimized, as well as to assist with the progress of their own healing process,” Naumann wrote Friday.

Ten of the men were formerly priests in the diocese, and the others were either priests from another diocese or from a religious order ministering in the archdiocese.

The archdiocese also listed the names of four clerics with previously publicized allegations that investigators were not able to substantiate.

The review went back to the 1940s, with the most cases — nine— from the 1980s. No substantiated cases were found after 2000.

Attorney Rebecca Randles, who has represented several people who say they were abused by priests in Kansas and Missouri, applauded the release but said it’s important that the archdioceses figure out what it needs to do next.

“How do you make this better? How do you help the victims?” Randles asked. “Our experience has been the Kansas City, Kansas, diocese has not led the way with helping or dealing with these individuals.”

Naumann detailed steps the archdiocese has taken to 2003 to help prevent sexual abuse in the church, such as child safety program, criminal background checks for adults, annual safe environment audits by an independent firm and requiring all clergy, employees and volunteers to undergo safe environment training. He noted the archdiocese, which has more than 100 parishes across northeast Kansas, has passed every safe environment audit since they began in 2004.

But David Clohessy, a member of the Survivors Network of those Abused by Priests criticized the lack of details in the list, saying it should include photos, whereabouts and work histories of the clerics.

“This is a long-overdue move to mollify an outraged flock,” Clohessy said. “How does any church employee — from bookkeeper to bishop — justify hiding for years or decades the names of these credibly accused child molesters?”

———–

KANSAS CITY, Mo. (AP) — The Archdiocese of Kansas City in Kansas has released the names of 22 clergy with substantiated claims of sexual abuse involving minors.

None of the 22 men whose names were released Friday are currently ministering in the archdiocese. Eleven have died and seven have been laicized.

Ten were formerly priests in the diocese, and the others were either priests from another diocese or from a religious order ministering in the archdiocese.

In a statement in the archdiocese’s publication, The Leaven, Archbishop Joseph Naumann thanked victims who came forward to help with the investigation.

The Husch Blackwell law firm reviewed about 1,080 clergy files to compile the list. The archdiocese says the report has been shared with the Kansas Attorney General’s office.

The review found no substantiated cases after 2000.

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