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Convicted Kan. jail guard now accused of child sex crimes

WICHITA, Kan. (AP) — A former Sedgwick County detention deputy convicted of sex crimes against inmates is now charged with sex crimes against a child.

Kendall -photo KDOC

27-year-old David Kendall was charged Friday with two counts of criminal sodomy, three counts of sexual exploitation of a child and one count of violating offender registration requirements. Goddard police say someone accused Kendall on April 12 of sex crimes against a 15-year-old.

Kendall was convicted in 2014 of six counts of attempted unlawful sexual relations and sentenced to two years’ probation.

Prosecutors say several men imprisoned at the Sedgwick County Jail reported they’d been raped or sexually propositioned by Kendall while he worked at the jail in 2012 and 2013.

Kendall’s next court date in the latest case set for May 3.

DA wants Kansas car dealer to pay $100K in fines

WICHITA, Kan. (AP) — The Sedgwick County District Attorney’s Office is asking a judge to order a Wichita used-car dealer to pay $100,000 in fines and penalties after customers complained that they didn’t receive titles to vehicles they bought.

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District Attorney Marc Bennett says six customers of 5 Star Motors and its owner, Teresa Molinaro, have complained that they didn’t receive legal titles within 60 days of buying vehicles. State law says that if a dealer doesn’t provide title within 60 days, the sale is void and the buyer is entitled to a refund.

Molinaro on Friday told the Eagle that her financing company, NextGear Capital, has the titles and that she is suing NextGear for financing problems she says forced 5 Star Motors to close o

Former Kan. sheriff’s lieutenant admits stealing cash seized as evidence

ABILENE, Kan. (AP) — A former Dickinson County sheriff’s lieutenant pleaded guilty to felony theft for stealing evidence from the sheriff’s office.

Two other charges against 49-year-old Greg Swanson were dropped Thursday in exchange for his guilty plea. Swanson also must forfeit his law enforcement credentials for all U.S. states.

Prosecutors accused Swanson of stealing between $1,500 and $25,000 in cash that was seized as evidence between August 2012 and January 2017. He was ordered to pay $6,760 in restitution.

The plea agreement calls for Swanson to receive a suspended seven-month prison sentence and be on supervised probation for two years. He will be required to spend five days in jail.

Swanson began working for Dickinson County in January 2009, after 19 years at the Saline County Sheriff’s Office.

Climate + Energy Project to offer environmental education and leadership training

CEP

HUTCHINSON – The Climate + Energy Project has partnered with the Kansas Leadership Center (KLC) and Kansas Association for Conservation and Environmental Education (KACEE) to provide leadership development and environmental education training. Kansas Environmental Leadership plans to convene 40 organizational and community leaders across Kansas for a comprehensive, three-day Leadership Development training facilitated by KLC and KACEE. The training will be held July 16-18, 2018, at Kansas Leadership Center in Wichita.

Awarded by the Environmental Protection Agency, the Kansas Environmental Leadership project aims to develop and support a network of environmental leaders in Kansas, build capacity for adult-focused environmental education in the state, and create a shared set of educational materials about relevant environmental topics. Funding will cover the costs of participants’ training and a stipend for related expenses. The ultimate goal of the project is to increase capacity of environmental organizations across Kansas to develop, deliver, and sustain environmental education in organizational communications.

“We’re excited to partner with KLC and KACEE on this project,” says Rachel Myslivy, Assistant Director at Climate + Energy Project. “Non-profits and other entities doing this critical work often lack resources to engage in leadership development, let alone do so in a way that fosters the critical thinking and problem solving required to move beyond current communication models and sustain environmental education in the long-term.”

Climate + Energy Project will begin accepting nominations of community leaders later this month. Those interested in participating can email [email protected] to be notified when enrollment opens.

About the Climate + Energy Project

Established in 2007, the Climate + Energy Project seeks to dramatically reduce greenhouse gas emissions in America’s Heartland through the ambitious deployment of energy efficiency and renewable energy, in policy and practice. Connect with CEP on Facebook and Twitter.

CEP has received national recognition for a common-sense approach to climate change. Building relationships is fundamental as we create a culture of energy literacy across the Heartland. Our reputation as a group that works with good people regardless of party affiliation enables us to quickly adapt and address pressing energy concerns.

About the Kansas Leadership Center (KLC)

The Kansas Leadership Center is a nonprofit organization committed to fostering leadership for stronger, healthier and more prosperous Kansas communities. Since its founding in 2007, the center has trained more than 7,500 people from across Kansas and the United States, and from around the world. Learn more at www.kansasleadershipcenter.org.

About the Kansas Association for Conservation and Environmental Education (KACEE) 

One of the first and largest conservation and environmental education organizations in the nation, KACEE is a 501(c)3 non-profit organization established in 1969 with the mission to accelerate environmental literacy and conservation in Kansas through non-biased, science-based environmental education.

KACEE’s diverse statewide partnerships network includes more than 700 organizations, businesses, agencies and schools and 350 individuals. KACEE also coordinates the Kansas Green School network, working with over 450 schools and 19 school districts from across the state in engaging students to lead the way in creating greener and healthier schools. Learn more at www.kacee.org.

Sheriff: Missing Kansas teen found following injury crash

SHAWNEE COUNTY— Law enforcement authorities have found a missing Kansas teen reported missing after he was involved in an injury accident.

According to the Shawnee County Sheriff’s Department, Just before 7a.m. Saturday, deputies responded to an injury accident in the 7200 Block of SW Wanamaker Road, according to a media release.

The 16-year-old driver Mark Lexow was last seen wearing an air-cast on one of his legs and black shorts.

Due to the extent of the accident, family was concerned for his health and safety.  Just before 1p.m. Saturday, the sheriff’s office reported they found Lexow and he was transported for treatment at a local hospital.

The sheriff did not released any additional details on the accident.

Missouri Governor charged with 2nd felony in 2 months

ST. LOUIS (AP) — St. Louis prosecutors on Friday charged Missouri Gov. Eric Greitens with a felony for using a charity donor list for his 2016 political campaign, adding to the woes of the first-term Republican governor who responded by calling it another effort to “smear” him.

Gov. Greitens booking photo courtesy St. Louis Police Department

The charge of tampering with computer data is in addition to an earlier charge alleging Greitens took and transmitted a nonconsensual photo of a partially nude woman with whom he had an extramarital affair in 2015. The new charge accuses Greitens of disclosing the donor list from The Mission Continues in 2015 without permission from the St. Louis-based charity that Greitens founded.

The Associated Press first reported in October 2016 that Greitens’ campaign obtained a list of top donors to The Mission Continues and raised nearly $2 million from donors who were on it.

Greitens has been facing increasing pressure to resign — including from fellow Republicans — since a special House investigative committee’s report released April 11 that detailed allegations from the woman with whom he had the affair. She testified that Greitens restrained, slapped, grabbed, shoved and threatened her during a series of sexual encounters that at times left her crying and afraid.

Greitens has denied committing any crimes and vowed to remain in office, calling the investigations into him a “political witch hunt.” On Friday, he accused Circuit Attorney Kim Gardner, a Democrat, of wasting “thousands and thousands of taxpayer dollars.”

“Her original case is falling apart — so today, she’s brought a new one,” Greitens said in a statement. “By now, everyone knows what this is: this prosecutor will use any charge she can to smear me.”

Missouri Attorney General Josh Hawley, a Republican whose office has been investigating The Mission Continues, announced Tuesday that he had found evidence to support a felony charge against Greitens, but said it was up to the St. Louis circuit attorney’s office to file charges. That office had to move quickly because the statute of limitations was approaching.

A probable cause statement says Greitens directed a person identified as K.T. to disclose the charity’s donor list to a political fundraiser on April 22, 2015. It doesn’t identify the fundraiser. The initials match those of Krystal Taylor, an employee of the Greitens Group who had previously worked at The Mission Continues.

The court filing says Greitens and K.T. knew the charity donor list had been taken without the permission of the charity and used without its consent. Federal law generally prohibits charities such as The Mission Continues from becoming involved in political campaigns, and the charity has repeatedly denied granting permission for Greitens — its former CEO — to use the list for political purposes.

House Minority Leader Gail McCann Beatty, a Democrat, cited the new charge as additional grounds for lawmakers to try to quickly remove Greitens from office.

“One way or another, Eric Greitens’ short tenure as Missouri governor is about to end. The only person who doesn’t understand that is Eric Greitens,” Beatty said. “Since he will not resign, the House of Representatives must immediately begin impeachment proceedings.”

Republican House Speaker Todd Richardson, who also has called on Greitens to resign, said Thursday that a special House investigatory committee is moving expeditiously toward a recommendation on whether to impeach Greitens. He said a “substantial” number of House Republicans have already signed a petition calling for a special session to consider impeachment.

Hawley’s office has said that its investigation into The Mission Continues began after the St. Louis Post-Dispatch reported in February that it had it had obtained a copy of an email indicating that Taylor had shared the charity donor list in January 2015 with Michael Hafner, who had been working for Greitens’ gubernatorial exploratory committee, and Danny Laub, Greitens’ first campaign manager. But that incident wasn’t cited in the criminal charge, because it was past the three-year statute of limitations.

When the AP first reported about the campaigns’ access to the charity donor list in 2015, Greitens initially denied to the AP that he had used the donor list for his campaign. But in April 2017, Greitens agreed to pay a $100 fine for failing to report that his gubernatorial campaign had, in fact, received the charity’s donor list. Greitens’ campaign filed amended finance reports referring to the list as an in-kind contribution valued at $600 and received March 1, 2015, from Laub.

Greitens’ attorney, Edward L. Dowd Jr., said the new charge “makes no sense at all,” noting that it was Greitens who built the charity and raised millions of dollars for it through “an extraordinary act of public service.”

“Now he’s being accused of stealing an email list from an organization he built? Give me a break,” Dowd said in a statement. “Not only did he create this list donor by donor, friend by friend, but the Mission Continues still has the list.”

The charge intensifies the feud between Greitens and Gardner. He has called her a “reckless liberal prosecutor” for leading the investigation that resulted in the invasion-of-privacy charge. His attorneys, in court hearings and filings, have painted a picture of an incompetent prosecutor who rather than working with police to investigate Greitens hired a private investigator who bungled the investigation, hid evidence and lied to the court.

Gardner’s office began investigating after KMOV-TV in St. Louis first reported on the affair on Jan. 10, the day Greitens was giving his annual State of the State speech. The governor acknowledged the affair but denied allegations that he had threatened to release a compromising photo of the woman if she disclosed the relationship. His trial in that case is scheduled to begin May 14.

Greitens, a former Navy SEAL officer and Rhodes Scholar, and Hawley both won election in 2016 as maverick political outsiders. Hawley is now running to unseat Democratic U.S. Sen. Claire McCaskill, and Democrats have been running TV ads linking Hawley to Greitens. Democrats have criticized Hawley’s earlier investigation that found no wrongdoing in Greitens’ use of a text message-destroying app, and claimed he stepped up his investigation of the charity only after it became politically beneficial.

In the Legislature, meanwhile, Senate leaders are considering holding off on sending bills to Greitens amid the multiple investigations. Republican Senate President Pro Tem Ron Richard and Democratic Minority Floor Leader Gina Walsh have not made a final decision, but Walsh has said she doesn’t believe any bills signed by Greitens should become law.

Kan. woman sentenced for DUI crash that killed motorcyclist

RENO COUNTY — After a lengthy and at times, very emotional hearing, a Reno County judge sentenced 66-year-old Jane Hart to three years and five months for one count of involuntary manslaughter.

Hart-photo Reno County

Hart had entered a no contest plea to one count of involuntary manslaughter for being legally drunk when she struck a motorcycle  in January of 2017 killing 62 year-old Charles Caselton of Burrton.

The defense had a number of witnesses who tried to convince the judge that she has changed since that incident, has not had any alcoholic drink since the accident and attends AA meetings on a regular basis.

The state argued that the fact that she hasn’t had a drink since the accident and her other good works is not a substantial and compelling reason to depart from sentencing guidelines. They noted she was more than twice the legal limit to drive at .17 on the day of the accident and the law says she should be sentenced to prison.

Judge Rose agreed and denied the departure even after a plea from Hart’s daughter and from Hart for mercy.

Hart told the court that she prays every day for the family of Caselton and admitted she’s an alcoholic. Judge Rose says she is bound by law and that a crime such as this calls for presumptive prison without bias.

The family of the victim felt differently from Hart and others in the courtroom saying she made the choice to get into her vehicle and drive to the store to get trash bags after she had been drinking. The victim’s wife says “she took my laughter and joy away. She killed my every day.”

One other family member says Hart’s apology during the hearing wasn’t for being sorry for what she did to us or Caselton, it was an apology for her freedom.

The statements Friday were with a packed courtroom with family and friends on both sides of the larger of two courtrooms in the Reno County Courthouse.

This case itself goes back to Jan. 21 of 2017 when Hart pulled in front of a motorcycle at 30th and Prairie Dunes Drive just east of Hutchinson. The collision killed Caselton instantly.

She was eastbound on 30th and made a left turn onto Prairie Dunes Drive and struck the Honda motorcycle, which was traveling westbound.

The autopsy showed Caselton died from multiple blunt force trauma. One family member noted that they were not allowed to even touch the body at the funeral home because of its condition.

Hart will also have to pay restitution of over $24,720, a $400.00 KBI lab fee as well as the court cost. She also has to register as part of the offender registration act and will be on three years post-release supervision after prison.

HaysMed offers free KidsQuest summer program for kids

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HAYSMED

The Center for Health Improvement and the HaysMed Foundation are sponsoring the sixth annual FREE KidsQuest this summer. Kids will be encouraged to log 40 miles of fitness by running, walking, biking or swimming on their own. As they achieve mileage they will earn prizes sponsored by various businesses. This year’s theme is based on traveling through the solar system with various stops along the way.

KidsQuest is recommended for children Pre K through 8th grade.

KidsQuest will begin on Thursday, May 3 at the HaysMed Fitness Trail. Registration begins at 6:00 pm and will be followed by a 2 mile run/walk. The adventure will start at the shelter house located behind HaysMed. Participants are encouraged to park in parking lot I on the southeast side of the hospital. The finale will be held on Thursday, August 2 with another 2 mile run/walk and watermelon feed at 6:00 pm.

You can register your child at www.thecenter.haysmed.com/kidsquest or registrations will be taken at the kickoff on May 3. If you register by April 25 you will receive a free t-shirt.

SELZER: Post-storm, be careful what you sign

Ken Selzer, Kansas Insurance Commissioner

Kansans who have insurance claim money following a storm need to be sure to know your rights and responsibilities “before you sign on the dotted line” with a contractor.

I urge all Kansas homeowners to know what control you have or don’t have if you are considering a post-loss assignment of a claim to a contractor. You need to realize that you may give up any control over how the claim money is used or how the work is completed.

A post-loss assignment of a claim is a contract signed by the homeowner, after a covered loss, that grants a contractor all rights and duties of the claim under the insurance policy. This could be for any damage to insured property, such as a roof, siding, gutters, deck, windows or other household features.

Once that contract is signed, the contractor now owns all rights and duties to the claim. There are several ramifications of that:

  • If there is a disagreement between the contractor and the insured, the contractor may file a suit against the insurer in the policyholders’ name. The policyholder has no rights in the suit, and the suit could have an impact on future rates and insurability.
  • The policyholder could be financially responsible to the contractor for the difference in the contractor’s price and the insurer’s payment.
  • The policyholder could lose any ability to seek further action against the insurer because his/her rights have been assigned to the contractor.
  • If a policyholder signed the agreement and then wishes to fire the contractor, that contractor still has claim to the insurance payment.

A homeowner is not required to sign a post-loss agreement.  I would urge homeowners to get a legal opinion before signing any agreement. Also, be sure to thoroughly check out the potential contractor by seeking recommendations from friends, co-workers, the Better Business Bureau and others.

Ken Selzer, CPA, is the Kansas Insurance Commissioner. 

Police: Kan. officer targeted in attempted ambush attack

SEDGWICK COUNTY ‑A Wichita Police Department officer on Wednesday while working off duty as security at the East Regal Cinemas was likely the intended target of an ambush style attack.

image courtesy Wichita Police

Just before 11p.m. at 11611 East 13th Street North, an officer was conducting security related duties and was located in the parking lot inside a security vehicle, according to officer Paul Cruz.

A suspect driving a dark colored Suburban or Tahoe, drove onto an unpaved embankment with the vehicle headlights off.

The suspect positioned behind the officer’s vehicle and fires four to six shots from an unknown caliber firearm towards the officer who was not hit. The suspect continued south on the shoulder of K-96 and left the area.

This investigation is still ongoing.

If anyone has information, please call Crime Stoppers at (316) 267-2111. If your tip leads to an arrest you may be eligible for a cash reward up to $2,500

Kan. Weight-Loss Hospital Sues After Government Cuts Off Medicare Funding

An Overland Park hospital that specializes in weight-loss surgery is suing government health officials after they cut off its participation in Medicare.

Blue Valley Hospital (BVH), an acute care facility at 129th Street and Metcalf Avenue, claims to perform 35 percent of all Missouri Medicaid bariatric surgeries, the umbrella term for weight-loss operations. If it loses its Medicare funding and has to shut down, “the residents of Kansas and Missouri will lose access to crucial bariatric procedures, which are necessary to prevent a multitude of life-threatening and life-altering conditions,” the suit alleges.

In order to be covered by Medicare, a hospital must “primarily engage” in providing services to inpatients. State health officials conducted an unannounced survey of BVH last November and found it did not have any inpatients at the time. The officials’ subsequent report cited data provided by the hospital showing about 309 outpatient surgeries over a yearlong period, compared with 146 inpatient surgeries.

Although BVH submitted a plan of correction, Medicare officials found the plan was “aspirational only, did not provide specific dates when BVH would be in compliance and therefore is unacceptable.” Last week, they informed BVH that it did not meet the requirements for participation as a Medicare provider.

In its lawsuit, BVH says federal officials’ decision was “arbitrary, capricious and an abuse of their discretion.” BVH is seeking an injunction to restore the status quo, claiming the hospital’s patients will otherwise suffer substantial and irreparable harm.

The lawsuit says that Medicare reimbursements are a crucial part of BVH’s funding and private insurers might also stop paying if the hospital isn’t Medicare-certified. It names Alex Azar II, secretary of the U.S. Department of Health and Human Services; Seema Verma, administrator of the Centers for Medicare and Medicaid Services (CMS); and Jeff Hinson, the regional administrator of CMS.

Julie Brookhart, a spokeswoman for the regional office of CMS, said the agency does not comment on impending lawsuits.

The hospital’s CEO, Chris Dixon, said that none of CMS’ concerns related to patients’ safety or care. He otherwise declined to comment on CMS’ move or the lawsuit.

Dixon said the hospital was owned by private shareholders, but he declined to identify them. The hospital was incorporated in 2009 by Douglas Palzer, who was its original CEO, and opened in 2010. At the time, it primarily offered weight loss surgery, but Dixon said it has since expanded to other areas.

Palzer previously operated an ambulatory surgical center nearby specializing in weight loss. A 2010 release by the hospital said the practice began to move away from the ambulatory surgical environment and “into the hospital facility to help more of its patients obtain insurance approval.”

Dan Margolies is a senior reporter and editor for The Kansas News Service  You can reach him on Twitter @DanMargolies.

FHSU’s Encore Series to close season with “Cinema Vivant”

Cinema Vivant

FHSU University Relations

After three sold out shows during 2017-2018, the Fort Hays State University Encore Series will host its final show of the season, The Hot Club of San Francisco Presents: “Cinema Vivant,” at 7:30 p.m. on Wednesday, April 25, in the Beach/Schmidt Performing Arts Center.

“Cinema Vivant” is an imaginative and innovative evening of vintage silent films accompanied by live gypsy swing. Before World War I, European filmmaker Ladislaw Starewicz, pioneered stop-action animation, creating a never-before-seen movie experience. A gifted storyteller who used the new medium of animation to illuminate his fantastic imaginings of the secret lives of ordinary objects, Starewicz has become an obscure cult hero.

Two Starewicz films are featured in “Cinema Vivant:” “The Cameraman’s Revenge,” a charming piece about the marital troubles of beetles; and “The Mascot,” an adventure story about lost toys. In addition, “Cinema Vivant” includes American film pioneer Charley Bowers’ rediscovered film “There It Is,” a whimsical comedy about a mysterious occurrence investigated by Scotland Yard.

In addition to the evening performance, The Hot Club of San Francisco will participate in a variety of activities throughout the day, including educational performances with area elementary students and an invitation-only reception for Encore Series contributors.

The educational outreach program for local elementary students, sponsored through a partnership with the Hays Arts Council, will begin after noon on Wednesday, April 25, in Beach/Schmidt. Approximately 700 to 800 fourth- and fifth-grade students will attend a matinee performance including educational commentary from cast members about the history of gypsy jazz.

The annual contributors reception will also be on the evening of April 25 prior to the Encore performance. This invitation-only event allows the Special Events Committee the opportunity to thank all those who financially contribute to the series. These private donations help support the series and allows Encore to bring high-caliber performances to the Hays community. Contributors will receive an extended sneak peek at the 2018-2019 season.

The day will culminate with the evening performance of “Cinema Vivant” at 7:30 p.m. in Beach/Schmidt. Tickets are available at the Memorial Union Student Service Center by calling 785-628-5306 or by visiting www.fhsu.edu/encore.

Tickets for the general public are $30 reserved and $26 unreserved; for seniors and children ages 5-17, tickets are $28 reserved and $24 unreserved; and for FHSU students, tickets are $21 reserved and $17 unreserved with a Tiger Card. If the performance does not sell out, FHSU students have the option of purchasing half price tickets at the door. The ticket booth opens at 6:45 p.m.

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