HUTCHINSON – A Kansas woman was injured in an accident just after 9:15a.m. on Thursday in Reno County.

The Kansas Highway Patrol reported a 2003 Nissan passenger vehicle driven by Riley Carter III, 25, Wichita, was westbound on Kansas 96 five miles southeast of Hutchinson.

The driver fell asleep. The vehicle crossed the eastbound lanes of traffic and came to rest in a field at the intersection of Sand Creek and K96.

A passenger Valencia Rae Galbreath, 28, Wichita, was transported to Hutchinson Regional Medical Center.

Both were properly restrained at the time of the accident.

TOPEKA, Kan. (AP) — Kansas Supreme Court justices heard arguments Friday on the appeal of a former Sedgwick County sheriff’s deputy serving a life sentence for killing his wife days after she filed for divorce.

Brett Seacat was convicted in 2013 of first-degree murder and other charges in the 2011 death of his 34-year-old wife, Vashti. Prosecutors contend Seacat set fire to the family’s home to destroy evidence as their two young sons slept down the hall.

Seacat accused the judge at sentencing of helping convict him by hiding evidence he claims proves his innocence.

The court is considering whether the trial judge should have allowed hearsay statements Vashti Seacat allegedly made before her death indicating her husband had threatened to kill her and burn down the house with her inside.

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TOPEKA, Kan. (AP) — The highest court in Kansas is scheduled to hear the appeal from a former Sedgwick County sheriff’s deputy who is serving a life sentence for killing his wife days after she filed for divorce.

Brett Seacat was convicted in 2013 of first-degree murder and other charges in the 2011 death of his 34-year-old wife, Vashti. Prosecutors contend Seacat then set fire to the family’s home to destroy evidence as their two young sons slept down the hall.

The Supreme Court will consider Thursday whether the judge should have allowed hearsay statements his wife allegedly made before her death. It will also consider whether some evidence should have been barred from trial.

Seacat accused the judge at sentencing of helping to convict him by hiding evidence he claims proves his innocence.

 

TOM HAYS, Associated Press
TOM KRISHER, Associated Press

 

WICHITA, Kan. (AP) — Volunteers are preparing to fire up the engines of a B-29 Superfortress bomber that was last used during the Korean War.

The Wichita Eagle reports that restoring the historic airplane has been a 15-year effort. The plan is to run all four of its radial engines Friday, a step that volunteers hope will put it one step closer to its first flight.

The event will be streamed live but won’t be open to the public.

Built in Wichita 70 years ago, the plane was dubbed “Doc” after being assigned to a squadron of eight bombers named for Snow White and the Seven Dwarfs. It was finished too late to fly bombing missions during World War II, though it eventually served as a radar trainer during the Korean War.

GREAT BEND- Law enforcement authorities in Barton County say that after an investigation, they determined the death of a 9-year old last week was an accident.

Police reported in a media release that on September 10, first responders in Great Bend were summoned to the area of the Finer Mobile Home Park, in reference to an injured 9-year old boy.

The young man appeared to be have been involved in an accident which led him being choked unconscious.

Personnel from Great Bend Fire / EMS were able to stabilize the boy and transport him to the hospital. The boy died on September 15 at Wesley Medical Center in Wichita as a result of his injuries.

A thorough investigation was conducted and there is no reason to suspect suicide or foul play of any type, according to police.

The boy’s injuries appear to have been the result of an accident. The Police Department will not be releasing any further information, due to the face that the subject was a juvenile and out of respect for the privacy of his grieving family.

“The loss of this child is a blow to both his family, and to our community as a whole,” said Great Bend Police Chief Cliff Couch. “Our thoughts and prayers go out to this young man’s family and the many friends he left behind.”

By ANDY MARSO

Lawyers for Garden City resident Shona Banda have prepared a lawsuit against Gov. Sam Brownback and the state agency that has custody of her child, claiming she has a constitutional right to use cannabis to treat her Crohn’s disease.

Banda self-published a book and posted videos online in which she says cannabis is the only treatment able to calm her condition. The national medical marijuana movement has rallied around her since March, when Garden City police came to her home and confiscated her cannabis after her 11-year-old son spoke up about her use of it at a school anti-drug presentation.

The Kansas Department for Children and Families subsequently took custody of Banda’s son, saying the home environment was not safe for him, and the Finney County attorney filed drug-related criminal charges against her.

A draft of the lawsuit to be filed in federal court was posted online Monday. It asks for the state to return custody of Banda’s son to her. It also names the Garden City Police Department as a defendant, claiming the search of her home was not constitutional.

But what’s likely to attract the most attention from medical marijuana advocates is the suit’s claim that the U.S. Constitution’s 14th Amendment gives her the “fundamental right” to self-medicate with cannabis.

“Plaintiff has a liberty interest specially protected by the Due Process Clause of the Fourteenth Amendment that embraces the right to make a life-shaping decision to use medical marijuana to preserve bodily integrity, avoid intolerable pain, alleviate symptoms and ameliorate the extreme and debilitating symptoms of Crohn’s disease,” the suit states.

To back up that claim, Banda’s attorneys cite the 32 states that have legalized medical marijuana in some form, a 2015 budget bill passed by Congress that instructed the U.S. Department of Justice not to spend money enforcing federal marijuana laws that conflict with state laws and several research studies that support claims of cannabis’ medical benefits.

Marijuana remains an illegal drug at the federal level and under Kansas state law, which calls for felony charges for a second conviction of possession of any amount of marijuana.

Research on the medical benefits of marijuana was scarce until California became the first state to legalize it for medicinal use in 1996. Studies have remained limited because the U.S. Drug Enforcement Agency still classifies marijuana as a Schedule I controlled substance, which carries the highest level of prohibition.

Initial research has shown some promise for treating conditions like Crohn’s disease and pediatric seizure disorders, and some drugs that contain cannabis developed by traditional pharmaceutical companies have gained U.S. Food and Drug Administration approval.

Doug Bonney, an attorney with the American Civil Liberties Union of Kansas and Missouri, said there’s little case law that supports a constitutional right to medical cannabis.

“Their theories really stretch existing precedent on a person’s right to control their own health care,” Bonney said after reading the draft of the lawsuit.

Banda is represented by Lawrence criminal defense attorney Sarah Swain and California lawyer Matthew Pappas, who specializes in civil rights and disability law. Neither was available for comment Tuesday.

Kansas legislators have shown little appetite for changing state marijuana law, even as neighboring Colorado has gone beyond medicinal use to allow marijuana’s recreational use.

In the 2015 session, the Kansas Legislature declined to approve bills decreasing the penalties for possession, allowing broad use of marijuana for medical reasons and allowing much narrower use of non-intoxicating “hemp oil” for childhood seizure disorders.

The oil bill was the first medical marijuana bill in Kansas to clear committee. It passed the House of Representatives, but the Senate declined to take it up.

The governor’s office declined to comment on his being named a defendant in Banda’s suit. Theresa Freed, a spokeswoman for the Kansas Department for Children and Families, said she would not comment on the suit itself but said the agency’s mission is to “protect children, promote healthy families and encourage personal responsibility.”

“Our social workers are trained to assess the safety of a home and make an appropriate recommendation to the court,” Freed said. “Marijuana is an illegal substance in the state of Kansas. It can have both direct and indirect detrimental consequences on families.”

Andy Marso is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.

WICHITA, Kan. (AP) — Wichita police are investigating the death of a woman in her 60s as a homicide.

KAKE-TV  reports that the woman was found dead Wednesday morning in her home. Police initially thought she died of natural causes. But authorities later began suspecting foul play, in part because the woman’s sport utility vehicle wasn’t found until Wednesday night.

Authorities are combing the vehicle for evidence. The name of the woman wasn’t immediately released.

Anyone with information is urged to come forward.

REPUBLIC COUNTY – One man died and another was injured in an accident just before 6:30p.m. on Wednesday in Republic County.

The Kansas Highway Patrol reported a 2006 Honda motorcycle driven by Bryan A. Mahoney, 48, Columbus, NE., was northbound on U.S. 81 two miles south of U.S. 36.

The driver lost control of the motorcycle and it came to rest in right hand lane of highway.

A passenger Brandon A. Mahoney, 23, Columbus, NE., was pronounced dead at the scene and transported to Bachelor-Surber Funeral Home.

Bryan Mahoney was transported to Bryan Medical Center.

They were not wearing a helmet, according to the KHP.

TOPEKA, Kan. (AP) — Marijuana reform advocates across Kansas are closely watching as a legal dispute over a Wichita ordinance plays out in the state’s highest court.

The Kansas Supreme Court is hearing oral arguments Thursday on the legality of the ordinance that lessens the penalties for possessing small amounts of marijuana.

Kansas Attorney General Derek Schmidt is asking the court to strike down the measure, saying it conflicts with state law. Wichita voters approved the ordinance in April, with 54 percent in favor.

An activist behind the Wichita initiative says his group has spoken with people in Salina, Hutchinson, Topeka, Emporia and smaller Kansas communities interested in doing something similar.

Kansas has no provision for statewide initiatives. But supporters say a favorable ruling will empower citizens to run their own ballot initiatives.

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WICHITA, Kan. (AP) — Kansas’s highest court will soon hear oral arguments over the legality of Wichita’s marijuana ordinance.

The Kansas Supreme Court is scheduled to take up on Thursday the legal challenge brought by Kansas Attorney General Derek Schmidt. At issue is the state’s effort to invalidate a voter-approved ordinance in Wichita lessening criminal penalties for possessing small amounts of marijuana.

Among the issues the Kansas Supreme Court will consider is whether the ordinance conflicts with state law. Also at issue is whether the ordinance was filed properly.

The ordinance imposes no more than a $50 fine for first-time possession of a small amount of pot. State law deems it a misdemeanor punishable by up to a year in jail and a $2,500 fine.

Wichita voters approved the measure in April.

TOPEKA, Kan. (AP) — Kansas State University wants to change the name of its Salina campus.

The university asked Wednesday to name the Salina campus Kansas State University Polytechnic Campus.

The Salina Journal reports the new name would emphasize the campus’ concentration on technical arts and applied sciences.

The proposal was heard by the provosts of the seven state universities. The Council of Chief Academic Officers will make a recommendation to the Council of Presidents, which will in turn make a recommendation to the Board of Regents. The state Legislature also might have to approve the name change because the current name is included in state statutes.

The university also wants to merge the departments of aviation, engineering technology, and arts, sciences and business into a School of Integrated Studies in Salina.

TOPEKA, Kan. (AP) — The U.S. Department of Justice has awarded more than $950,000 in public safety grants to two Native American tribes in Kansas.

The grants are among 206 national awards totaling more than $97 million announced Wednesday for Native American tribes.

The Topeka Capital-Journal reports about $875,000 of the grants will go to the Iowa Tribe of Kansas and Nebraska for various causes including alcohol and substance abuse, prevention of violence against women and tribal government programs.

About $75,000 will go to the Prairie Band Pottawatomie Nation for tribal justice systems planning.

LAWRENCE, Kan. (AP) — The Spencer Museum of Art at the University of Kansas has surpassed a $5 million fundraising goal for the first phase of a renovation project.

The university announced Wednesday nearly 200 donors had raised $7.4 million for the museum. More than $5.8 million was given by 11 donors.

The first phase of the project encompasses 30,000 square feet of the museum’s galleries, teaching and research areas, gathering spaces and collections storage.

The university says the additional money will help improve more gallery and public spaces, and address several longstanding accessibility and infrastructure needs.

The Spencer closed for construction in April, and galleries are expected to reopen in 2016. It’s the first renovation since the museum opened in 1977.

WASHINGTON –On Wednesday Congressman Tim Huelskamp (KS-01) represented the state of Kansas as he signed letters with a Taiwanese Agricultural Delegation and American grain representatives, in which the island nation declared their intent to purchase over $3 Billion in American product over the next two years.

At the LBJ Room of the U.S. Capitol, Congressman Huelskamp, the Agricultural Trade Goodwill Mission from the Republic of China (Taiwan), the U.S. Grain Council, U.S. Wheat Associates and U.S. Soybean Export Council gathered for the ceremonial signing of intent to purchase American corn, soy and wheat. Huelskamp also visited with the Taiwanese Ambassador and encouraged the Taiwanese to allow their citizens to purchase Kansas pork.

Congressman Huelskamp gave the following statement on his signing of these Letters of Intent:

“As a Kansas farmer, I was honored to sign agreements with the nation of Taiwan to expand import of our Kansas agricultural production. I am thankful that Taiwan has been such a loyal customer for my fellow Kansas farmers and me. With these letters of intent, I am confident that Kansas farmers, indeed the entire state, will continue to win with additional exports around the world.”