TOPEKA —Governor Laura Kelly has signed a bill that would prevent judges from lowering sentences for child sex offenders if they think the victims were willing participants in the crime.
Soden -photo Leavenworth Co.
“Judges must interpret and apply the law with common sense and an understanding of the real world, especially in child sex crime cases,” Kelly said. “I was deeply troubled when a Kansas judge viewed a child victim as an aggressor when an adult commits a sex crime. I’m pleased to sign this bill eliminating the ability to reduce sentences for sex crimes in these cases,” Kelly stated in a media release.
The bill signed this week comes after a Leavenworth County judge in February reduced the sentence for 67-year-old Raymond Soden because he thought the 13- and 14-year-old girls involved in the case were “aggressors.”
The bill eliminates the reason for a downward departure in sentencing for sexually violent crimes when the victim is younger than 14 years and the offender is an adult. It also would make that departure factor unavailable when human trafficking victims are involved regardless of their age.
JEFFERSON CITY, Mo. (AP) — Missouri’s Republican-led Senate has passed a wide-ranging bill to ban abortions at eight weeks of pregnancy, acting only hours after Alabama’s governor signed a near-total abortion ban into law.
Senators voted 24-10 for the bill early Thursday. The proposed eight-week ban allows exceptions only in medical emergencies, not cases of rape or incest.
The measure now returns to the House for another vote on the Senate changes, ahead of a Friday deadline to pass bills.
Republican-led legislatures around the U.S. are imposing new restrictions, hoping more conservative justices will overturn the U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion.
Kentucky, Mississippi, Ohio and Georgia approved bans on abortion once a fetal heartbeat is detected, which can occur in about the sixth week of pregnancy.
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JEFFERSON CITY, Mo. (AP) — Missouri’s Republican-led Senate has now passed a bill to ban abortions at eight weeks of pregnancy.
Senators approved the legislation 24-10 early Thursday with just hours left before a Friday deadline to pass bills. It needs at least one more vote of approval in the GOP-led House before it can go to Republican Gov. Mike Parson, who voiced support for it on Wednesday.
Parson called on state senators to take action, joining a movement of GOP-dominated state legislatures emboldened by the possibility that a more conservative Supreme Court could overturn its landmark ruling legalizing the procedure. Their vote came only hours after Alabama’s governor signed the most stringent abortion ban in the nation on Wednesday, making performing an abortion a felony in nearly all cases.
The Missouri proposal includes exceptions for medical emergencies, but not for pregnancies caused by rape or incest. Doctors would face five to 15 years in prison for violating the eight-week cutoff. Women who receive abortions at eight weeks or later into a pregnancy wouldn’t be prosecuted.
Outnumbered Senate Democrats launched into an attack on the bill before Republican supporters had a chance to bring it up for debate on the Senate floor.
“So much of this bill is just shaming women into some kind of complacency that says we are vessels of pregnancy rather than understanding that women’s lives all hold different stories,” St. Louis-area Democratic Sen. Jill Schupp told colleagues. “We cannot paint with a broad brush and interfere by putting a law forward that tells them what they can and cannot do.”
Missouri is among a growing number of states where abortion opponents are working with renewed enthusiasm following President Donald Trump’s appointment of more conservative high court justices. Kentucky, Mississippi, Ohio and Georgia have approved bans on abortion once fetal cardiac activity can be detected , which can occur in about the sixth week of pregnancy. Similar restrictions in North Dakota and Iowa have been struck down in court.
Supporters say the Alabama bill is intentionally designed to conflict with the 1973 Roe v. Wade decision that legalized abortion nationally in hopes of sparking a court case that might prompt the justices to revisit abortion rights.
Missouri’s bill also includes an outright ban on abortions except in cases of medical emergencies. But unlike Alabama’s, it would kick in only if Roe v. Wade is overturned.
If courts don’t allow Missouri’s proposed eight-week ban to take effect, it includes a ladder of less-restrictive time limits ranging from 14 to 20 weeks. Roe v. Wade legalized abortion up until viability, usually at 22 to 24 weeks.
“This is not a piece of legislation that is designed for a challenge,” Missouri’s Republican House Speaker Elijah Haahr said. “This is the type of legislation that is designed to withstand a challenge and to actually save lives in our state.”
Other provisions in the wide-ranging abortion bill include a ban on abortions based solely on race, sex or a “prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome.”
The bill would also require that both parents be notified for a minor to get an abortion, with exceptions. A change made after hours of late-night negotiations means written notification is only required if the second parent has joint legal or physical custody of the minor.
Current law requires written consent from only one parent
KANSAS CITY (AP) — Authorities are investigating what appears to be a deadly hit-and-run crash in Kansas City.
Officers responded early Sunday to a report about a body lying in a road. Missouri Capt. Tim Hernandez says the victim was taken to a hospital, where he was pronounced dead.
An emergency room doctor says the victim appeared to have been struck by a vehicle. Hernandez says the traffic investigation unit doesn’t have any witnesses or video to determine what happened, or any suspect information.
KANSAS CITY (AP) — A 67-year-old man accused of stalking several women who worked at massage parlors has been found guilty on eight of 10 federal charges against him.
Gross -photo Jackson Co.
Robert Gross, who has a criminal record dating back to the 1960s, was convicted Wednesday on two of four stalking charges and six gun-related charges.
Federal prosecutors accused Gross of stalking several women between Oct. 1 and Dec. 22, 2017, mostly employees of massage parlors in Lawrence and Johnson County, Kansas. The women told police their cars were keyed, screws drilled into their tires and their windows smashed out.
The jury was shown a video of Gross abusing a Lawrence massage parlor worker. Charges are pending in that case.
Gross’ attorney presented no evidence during the trial.
Gross was arrested in December 2017 after buying two guns in Liberty, Missouri.
STONE COUNTY, Mo — One person died in an accident just before 10:30a.m. Wednesday in Stone County.
The Missouri State Highway Patrol reported a 2006 Toyota Tundra driven by Gideon M. Dunn, 37, Branson, was eastbound on Mo. 76 two miles west of Branson. The pickup rear-ended a 2009 Dodge Grand Caravan driven by Carlos G. Garate, 41, Emporia that had slowed to make a turn.
A passenger in the van 13-year-old Ace Garate was transported to Cox Hospital in Branson where he died.
EMS also transported Carlos Garate and three other passengers from the van including Alina B. Garate, 64, Amy Garate, 37 and Mercedes Garate, 64, all of Emporia to Cox Hospital in Branson for treatment of minor injuries.
Dunn and Ace Garate were not wearing seat belts, according to the MSHP.
NEW YORK (AP) — New measures by U.S. regulators could help thwart some of the billions of robocalls received in the U.S.
The Federal Communications Commission said Wednesday that it will vote in June on whether to let carriers block spam calls by default, which should mean that more spam calls are blocked. Right now, customers have to take the extra step of requesting tools from their carriers or downloading apps from other companies to help them weed out most unwanted calls.
The rising volume of calls in the last few years, driven by how cheap and easy it is for scammers to call millions of people as well as weak enforcement, has created pressure on Congress, regulators and phone companies to act. The volume of calls has risen to roughly 5 billion per month, according to call-blocker YouMail, from 2.7 billion in November 2017. That’s when the government gave carriers explicit, although narrow, permission to block certain types of calls.
Many robocalls are not scam calls, though, but calls from debt collectors and telemarketers selling insurance, cruises and the like. It’s not clear if carriers would automatically block those calls, too, said Margot Saunders, senior counsel for the National Consumer Law Center and an expert on robocalls.
Under the proposed rules, the agency won’t require carriers to provide such services or mandate that the tools offered are free. Today, some of these apps cost extra money; others are free.
“We certainly are encouraging companies to offer this for free,” FCC Chairman Ajit Pai said. He said he anticipates that companies won’t charge extra because it would cost less than the headache of dealing with robocalls and customer complaints about them today. He raised the threat of regulatory action “if the companies do not take the steps necessary to protect consumers.”
The agency also said Wednesday it’s making clear that carriers can let customers come up with lists of numbers that they will permit to call them. That means customers could tell phone companies that any number not on their list be automatically blocked.
“There is no doubt that this can only help, that it’s a good thing. My questions go to how much it helps,” Saunders said, referring to whether consumers would be protected from unwanted debt-collector and telemarketing calls as well as scams.
There are also bills in Congress addressing the robocall problem. A widely supported, bipartisan Senate bill would require carriers to verify that a number popping up on your caller ID is real. A big problem with robocalls is that many are “spoofed,” or faked to look like they’re coming from a number that matches your area code and the next three digits of your number, so you think it’s a neighbor and are more likely to pick up. The industry is working on deploying this long-in-the-works system, but it’s been a slow process. Pai has threatened regulatory action if it’s not done this year.
The Senate bill would also give the FCC more power to fine the people responsible for spam calls and puts together federal agencies and state officials to figure out ways to pursue criminal cases against robocall scammers, not just civil ones.
GEARY COUNTY — Law enforcement authorities are investigating a shooting in Junction City.
On Wednesday afternoon, Geary County Sheriff’s Deputies responded to 3407 Liberty Hall Road for a report of a man in his early 20’s who had suffered a gunshot wound to the leg, according to Sheriff Daniel Jackson.
The victim reported he was shot by an unknown race male with a dark complexion wearing blue jeans and a white shirt.
Sheriff’s Department and Junction City Police Department officers set up a perimeter and searched the area on foot and with the use of K9’s while the Kansas Highway Patrol provided an overview from one of their aerial units.
Spring Valley Elementary School was placed on a brief lockdown until it was determined that there was no threat to public safety.
The victim was transported to Geary Community Hospitay by Junction City Fire / EMS in stable condition with a non-life threatening wound. The name of the victim was not released.
MANHATTAN – An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has found that Belfor Property Restoration and subcontractor Custom Crushing & Company – both based in Kansas City, Missouri – failed to comply with OSHA’s asbestos removal standards while performing rehabilitation work at Kansas State University’s Hale Library in Manhattan.
A construction worker on an aerial lift installs insulation in one of two future seminar rooms on the south side of Hale Library’s first floor-photo courtesy K-State Libraries
According to a media release from the U.S. Department of Labor, Custom Crushing & Company faces $193,596 in proposed penalties, and Belfor Property Restoration faces proposed penalties totaling $39,780.
Custom Crushing & Company was cited for 23 serious health violations including exposing employees to asbestos, failing to provide respiratory protection, and personal protective clothing, develop a written hazard communication program, train workers on asbestos hazards, properly dispose of material and waste containing asbestos, and conduct medical surveillance for employees exposed to health hazards.
OSHA cited Belfor Property Restoration for three serious violations after determining asbestos abatement on the project did not comply with OSHA standards. Inspectors also determined that the company failed to inform the building’s owner and other employees of the location and quantity of presumed asbestos-containing material.
“Asbestos is a well-known health hazard that can cause lung cancer, mesothelioma, and other life-threatening illnesses,” said OSHA Wichita Area Director Ryan Hodge. “Employers working in the restoration industry are required to remediate asbestos hazards to ensure workers are adequately protected.”
Both companies have 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. See citations issued to Custom Crushing here and Belfor here.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.
WICHITA, Kan. (AP) — A Kansas community college has agreed to an independent investigation into the heatstroke death last year of a football player who collapsed after the first day of conditioning practice.
Bradforth and his mother after his graduation from Neptune High School -courtesy Joanne Atkins-Ingram
Trustees for Garden City Community College voted Tuesday evening to authorize the outside probe into the death of 19-year-old Braeden Bradforth of Neptune, New Jersey. The move came after the college faced mounting pressure, including calls by New Jersey’s U.S. House delegation for an investigation.
Bradforth was found unconscious outside his dorm room on Aug. 1 after practice. He died later that night at a hospital.
His mother, Joanne Atkins-Ingram, said Wednesday that she’s hoping the investigation will finally let her know her son’s last moments. She said she hopes investigators find out what went wrong and how to correct it.
Kansas senators met Tuesday to formally vote down Gov. Laura Kelly’s nomination for a Court of Appeals seat. In a strange twist, even Kelly wanted her nominee rejected.
Senate President Susan Wagle, center, talks with Sens. Jeff Longbine, left, and Ed Berger as the chamber rejected Gov. Laura Kelly’s nominee for an appellate court. STEPHEN KORANDA / KANSAS NEWS SERVICE
The outcome was already known before lawmakers returned to Topeka for the single vote.
Kelly had tried to withdraw the nomination of District Court Judge Jeffry Jack after a series of a politically charged tweets came to light, but a Kansas Supreme Court ruling said that, instead, the Senate would have to vote down the choice. Then, Kelly could make official her new pick, Lenexa attorney Sarah Warner.
There’s a partisan divide between the Democratic governor and Senate Republican leaders. The GOP didn’t miss a chance to point out Kelly’s misstep and the fact that the chamber had to convene a special meeting just to vote down the nominee.
Republican Sen. Dan Goddard said lawmakers wouldn’t have needed the special meeting if the governor’s administration had more thoroughly vetted Jack.
“I am totally frustrated with a nomination and confirmation process that can be characterized as a cluster gaggle,” Goddard said.
The tweets from Jack included profanity, calls for gun control and insults aimed at President Donald Trump.
“A president who is objectively ignorant, lazy and cowardly,” read one tweet, which has since been deleted.
Kelly created a panel to screen the applicants for the court seat, and she said that group missed the tweets. It gave her a slate of three choices and Kelly initially picked Jack.
“I don’t feel like I made that mistake,” Kelly said last week. “Was that mistake made? Yes.”
The special meeting of the Senate will cost taxpayers between $16,000 and $17,000, said Legislative Administrative Services Director Thomas Day. That cost covers lawmaker wages, lawmaker expenses and pay for the staff.
Senate President Susan Wagle previously said “incompetence” in Kelly’s administration led to the problem. The Republican lawmaker was frustrated at the use of taxpayer dollars for the special Senate session and said senators will be keeping a close eye on Kelly’s future nominees.
“Most senators are very aware now that we need to thoroughly vet every candidate, ask them questions and make sure we aren’t putting a partisan hack on the bench,” Wagle said after the vote.
The chamber rejected Jack’s nomination on a 38-0 vote. The Democratic leader of the Senate, Anthony Hensley, said Kelly hadn’t vetted Jack well enough. But he gave her credit for trying to withdraw the nomination when the tweets became public.
“Too often in politics today, leaders do not admit mistakes have been made,” Hensley said on the Senate floor.
It’s not the last word on Jack’s tweets. Republican Sen. Richard Wilborn unveiled a letter Tuesday asking the Commission on Judicial Conduct to review Jack’s actions.
Wilborn stopped short of saying Jack should be removed from the bench. He said the commission will have to decide that, but Wilborn called the tweets “horrible.”
“I believe Judge Jack’s actions,” the letter reads, “impugn the dignity of his office and call into question his ability to serve as a judge in our Kansas court system.”
Jack previously said that as a citizen he has a right to call out comments by people in power, such as the president. He apologized to Kelly and said he didn’t intend for the tweets to be public.
“I am not sorry for believing that violence is bad, that discrimination is bad, that misogyny is bad or that hypocrisy is bad,” Jack said, the Topeka Capital-Journal reported.
It’s not unheard of for a political appointee to withdraw because screening missed something. Then-Gov. Sam Brownback’s choice for the state’s top tech job withdrew in 2011 because one of his degrees was from a so-called “diploma mill.” That job didn’t need Senate confirmation, so replacing the choice was easier for Brownback.
This situation is different, though, because the process dragged on through a court fight and then the special Senate meeting needed to reject Kelly’s nominee.
The whole process has created a stage for political rivalries, according to Emporia State University Political Scientist Michael Smith. Smith said the dust-up has been a chance for GOP lawmakers to show they’re holding Kelly’s feet to the fire.
“It’s working on the Republican base,” Smith said. “It’s working on the next Republican primary election.”
OMAHA, Neb. (AP) — A farmer is recovering after cutting off his own leg with a pocket knife to save himself from a piece of farm equipment he had become caught in.
Photo courtesy Madonna Rehabilitation Hospital
Kurt Kaser, 63, Pender, Nebraska, was unloading corn last month when he got out of his truck and accidentally stepped on the grain hopper opening. An auger in the hopper caught Kaser’s leg, pulling it in and mangling it.
Kaser said he couldn’t pull his leg out and didn’t have his cellphone. There was no one around to help.
So, he took his pocket knife out and sawed off his leg below the knee.
After he was freed, he crawled 150 feet to the nearest phone and was flown to a hospital. Kaser says he never lost consciousness.
On Friday, Kaser was released from a rehabilitation center. He will have to wait for the amputated leg to fully heal before getting a prosthetic leg.
BUNKER HILL – Smoky Hills Public Television has announced the winners of the 2019 SHPTV PBS Kids Writers Contest. SHPTV received over 200 entries, submitted from January through March from 19 communities across Kansas. Children in kindergarten through third grade were eligible to enter stories.
“We again received fantastic stories from children around the state. The children continue to amaze us on how creative they can be when you just give them a paper, pencil, and let their imaginations go to work,” said Tricia Flax, SHPTV events coordinator. “We are thrilled that this program continues to grow. We thank the parents and teachers who encouraged their kids to submit stories!”
Each story was judged twice with three places awarded in each grade level. The children, whose stories placed, received a prize pack and a trophy.
2019 Writers Contest Winners:
Kindergarten
1st – Makennan Kraemer, Satanta – “Race Cars to the Rescue!”
2nd – Macklin Alexander, Satanta – “How Do You Farm?”
3rd – Brasen Fikan, Colby – “The Bug”
1st Grade
1st – Amelia Baskerville, Great Bend – “How Skunk Got Her Smell”
GREAT BEND, Kan. (AP) — A Texas woman has admitted to her role in the deaths of a couple who were killed at a Kansas fair after one suspect ordered the killings as part of a “carnival mafia” initiation.
Tenney photo Barton Co.
Kansas Attorney General Derek Schmidt said 39-year-old Christine Tenney, of La Marque, Texas, pleaded guilty Tuesday to aggravated robbery and obstruction of justice.
Tenney was charged after the July 2018 deaths of Alfred “Sonny” Carpenter and Pauline Carpenter, both of Wichita, at the Barton County Fair in Kansas, where they were vendors. Their bodies were discovered in a national forest near Van Buren, Arkansas.
Three other people were charged with murder in their deaths. Fifty-four-year-old Michael Fowler Jr., of Sarasota, Florida, pleaded guilty in March to first-degree murder. Another man is charged with obstructing apprehension.
