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Jury: Kan. woman guilty of taking GoFundme donation meant for burn victim

SEDGWICK COUNTY– A  jury returned a guilty verdict Thursday against a Kansas woman accused of taking charitable donations meant for a young burn victim.

Davis -photo Sedgwick Co.

Cinthia Davis, 34 of Haysville, was convicted of felony theft after a three-day trial before a jury in Judge Bruce Brown’s courtroom, according to a media release from the Sedgwick County Attorney.

Evidence at trial showed that Davis set up an account on the GoFundMe website to raise money for a 10-year-old Haysville girl who was burned in 2015. The account raised $8,145 from 124 donors in less than a month.

An investigator from the Haysville Police Department testified that all the funds were withdrawn from the GoFundMe account and spent over a period of 60 days after the fundraiser ended. The mother of the injured girl testified that the family only received a few hundred dollars of the donations.

Davis’ husband, Martin Joe Kerr, also was charged with felony theft in the case. Kerr pleaded guilty to his part in the theft and was sentenced to probation in 2018.

Sentencing for Cinthia Davis is scheduled for March 12th.

First Amendment: Why we should be more civil to our civil servants

Lata Nott

The longer the government shutdown persists, the more aware we all become of just how many functions the federal government actually performs.

Last week, the Daily Caller published an anonymous op-ed from a senior Trump official who stated s/he hopes the shutdown “lasts a very long time, till the government is changed and can never return to its previous form…Senior officials can reprioritize during an extended shutdown, focus on valuable results and weed out the saboteurs. We do not want most employees to return, because we are working better without them.”

Some results of the shutdown? Farmers have been unable to secure USDA loans. Three people have died while visiting our currently-unstaffed national parks. And thanks to the shortage of TSA agents at airports, a passenger managed to make it through security and onto a flight with a gun in his bag.

I can’t speculate about the identity of the official. I can’t speak to the validity of his/her complaints about government inefficiency — I’ve never been a federal government employee (although my husband is one). But I can safely say that, no, things are not working better without them.

The ripple effects of the shutdown can be seen in a lot of unexpected places. Here are just a handful of ways it’s impacting our First Amendment rights:

We’re less informed about what’s going on in our own country. How’s our economy doing? Are the Trump tariffs actually working? Is it a good time to buy a house, start a business or invest in the stock market? No one knows. As the Brookings Institution reports, “The people who collect, analyze and release all the basic data tracking the path of the economy and its principal aspects are on furlough.” Ordinarily, businesses and consumers rely on these reports to make critical and informed decisions. That’s why the First Amendment protects public access to this information. But there’s not a lot it can do when there’s no information to access.

Businesses can’t communicate with their customers. Last week, D.C. brewery Atlas Beer Works filed a lawsuit claiming the shutdown is violating its First Amendment right to speak to consumers. The Alcohol and Tobacco Tax and Trade Bureau can’t review and approve Atlas’ new labels for its seasonal beer, the brewery can’t ship its kegs interstate without those labels and in the meantime 40 barrels of perishable, apricot-infused India pale ale might go bad. You may scoff at the idea of a beer label as free speech, but as Atlas’ lawyers point out, “It cannot sell, and no one will purchase, random, unidentified liquids.” The requirement for a government agency to review this sort of communication protects consumers from the harm that false or misleading labels could cause.

Prominent First Amendment court cases have ground to a halt. While the courts are still operating, many of them have suspended work on civil cases involving U.S. government lawyers, among them the Pen American Center’s First Amendment lawsuit against President Trump.

While the majority of the Department of Justice (DOJ)’s lawyers are still working during the shutdown, they’re a bit overtaxed right now. Just last week, they had to contend with a lawsuit brought by several groups of federal workers against the government for forcing them to work without pay. The DOJ lawyers defending the government in court were also working without pay.

To add insult to injury, there are limits to how they can express their displeasure about this. A law, the Hatch Act, prohibits federal employees from engaging in political activity when they’re at work and new guidelines have stated that hanging up a “resistance” poster or advocating for impeachment falls into that category. But while there’s been some concern that the new guidelines are too restrictive on the speech of federal employees, the Hatch Act is grounded in a noble purpose. It was passed to protect federal employees from political coercion and ensure their advancement is based on merit and not political affiliation. At the heart of this is a belief in the value of career civil servants, people who are experienced in the way that government runs and do their jobs to the best of their abilities regardless of who’s in power.

That’s why it’s disheartening to read the anonymous Trump official’s call to “weed out saboteurs” in the government, or President Trump’s tweets that most of the federal workers going without pay are Democrats (implying he has less of a reason to care about the shutdown than his Democratic opponents in Congress). He’s using partisan terms to dismiss hundreds of thousands of people who have sworn to do their jobs in a non-partisan fashion.

Lata Nott is executive director of the First Amendment Center of the Freedom Forum Institute. Contact her via email at [email protected], or follow her on Twitter at @LataNott.

Kansas receives additional WIC funding during the government shutdown

TOPEKA – The Kansas Department of Health and Environment (KDHE) has received additional federal funds from the U.S. Department of Agriculture (USDA) to keep the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) operational into March, during the Federal Government shutdown.

On Thursday, KDHE received an additional $1,603,809 in food funds and $602,897 in administrative funds. These funds now allow Kansas to purchase foods until March 20, 2019 and keep staff operational until March 26.

“We are pleased to receive these additional funds,” said David Thomason, Director of the Nutrition and WIC Services Section in the KDHE Bureau of Family Health. “There is an average daily food cost in Kansas of $92,134 under this program, and we continue to work with the USDA to see that WIC funding in Kansas continues through the shutdown.”

The USDA monitors state WIC programs and is working to ensure that programs remain operational. States were instructed to contact the USDA prior to implementing any changes to the program that would curtail operations or in any way limit or restrict access to the program and its benefits.

Trump associate Stone arrested, faces obstruction charge

Shutterstock.com
By ERIC TUCKER and CHAD DAY
Associated Press

WASHINGTON — Roger Stone, a confidant of President Donald Trump, was arrested in the special counsel’s Russia investigation in a pre-dawn raid at his Florida home on Friday and was charged with lying to Congress and obstructing the probe.

The seven-count indictment against Stone, a self-proclaimed “dirty trickster,” is the first criminal case in months from special counsel Robert Mueller.

It provides the most detail to date about how Trump campaign associates in the summer of 2016 were actively seeking to politically benefit from the release of hacked material damaging to Hillary Clinton’s campaign. It alleges that unnamed senior Trump campaign officials contacted Stone to ask when stolen emails relating to Clinton might be disclosed.

The indictment does not charge Stone with conspiring with WikiLeaks, the anti-secrecy website that published the emails, or with the Russian officers Mueller says hacked them. Instead, it accuses him of witness tampering, obstruction and false statements about his interactions related to WikiLeaks’ release. Some of those false statements were made to the House intelligence committee, according to the indictment.

CNN aired video of the raid at Stone’s Fort Lauderdale home, showing FBI agents in body armor using large weapons and night-vision equipment, running up to the home and banging repeatedly on the door.

“FBI open the door!” one shouts. “FBI, warrant!” Stone could then be seen in the doorway in his sleepwear before he was led away. He is expected to appear in court later Friday.

Stone is the sixth Trump aide charged in Mueller’s investigation into potential coordination between Russia and the Trump campaign and the 34th person overall. The investigation has laid bare multiple contacts between Trump associates and Russia during the campaign and transition period and efforts by several to conceal those communications.

Well-known for his political antics and hard ball tactics, Stone has reveled in being a Washington wheeler-dealer dating back to the Nixon administration. He has also pushed several conspiracy theories and was an early and vocal supporter of Trump’s candidacy.

The case against Stone comes weeks after Trump’s former national security adviser was castigated by a judge in open court and just hours before Paul Manafort, his ex-campaign chairman , was due in court on allegations that he had lied to Mueller’s prosecutors.

Stone was one of Trump’s earliest political advisers, encouraging both his presidential runs. He briefly served on Trump’s 2016 campaign, but was pushed out amid infighting with then-campaign manager Corey Lewandowski. Stone continued communicating with Trump on occasion and stayed plugged into the circle of advisers — both formal and informal — who worked with and around Trump.

Sarah Huckabee Sanders, Trump’s press secretary, told CNN Friday the charges brought against Stone “don’t have anything to do with the president.”

According to the indictment, many of those conversations involved WikiLeaks. The indictment lays out in detail Stone’s conversations about stolen Democratic emails posted by the group in the weeks before Trump, a Republican, beat Clinton. Mueller’s office has said those emails, belonging to Clinton campaign chairman John Podesta, were hacked by Russian intelligence officers.

The document says that by June and July 2016, Stone had told senior Trump campaign officials that he had information indicating that WikiLeaks had obtained documents that could be damaging to Clinton’s campaign.

After the July 22, 2016, WikiLeaks release of hacked emails from the Democratic National Committee, the indictment says a senior Trump campaign “was directed” to contact Stone about additional releases and “what other damaging information” WikiLeaks had “regarding the Clinton campaign.” The indictment does not name the official or say who directed the outreach to Stone.

Another Trump campaign official cited in the indictment is Steve Bannon, who later became Trump’s chief strategist in the White House. Bannon, referred to as a “high-ranking Trump Campaign official,” exchanged emails with Stone in October 2016 about WikiLeaks’ plans for releasing hacked material. The indictment quotes from those emails, which had previously been made public by news outlets.

While the indictment provides some new insight into the Trump campaign, it deals largely with what prosecutors say were Stone’s false statements about his conversations with conservative writer and conspiracy theorist, Jerome Corsi, and New York radio host, Randy Credico. Corsi is referred to as Person 1 in the indictment, and Credico as Person 2.

The indictment accuses Stone of carrying out a “prolonged effort” to keep Credico from contradicting his testimony before the House intelligence committee. During that effort, prosecutors note that Stone repeatedly told Credico to “do a ‘Frank Pentangeli,'” a reference to a character in “The Godfather: Part II” who lies before a congressional committee.

Stone is also accused of threatening Credico. The indictment cites several messages, some of which have already been public, that Stone sent to Credico last year. On April 9, Stone called Credico a “rat” and a “stoolie” and accused him of backstabbing his friends. Stone also threatened to “take that dog away from you,” a reference to Credico’s dog, Bianca.

“I am so ready. Let’s get it on. Prepare to die (expletive),” Stone also wrote to Credico.

The indictment had been expected. Stone has said for months he was prepared to be charged, though he has denied any wrongdoing. A grand jury for months had heard from witnesses connected to Stone. And the intelligence committee last year voted to release a transcript of Stone’s testimony to Mueller as a precursor to an indictment.

Attorney Grant Smith, who represents Stone, did not return a phone message seeking comment Friday.

Stone has publicly denigrated the Mueller investigation and echoed the president’s descriptions of it as a witch hunt. But he has long attracted investigators’ attention, especially in light of a 2016 tweet that appeared to presage knowledge that emails stolen from Podesta would soon be released. Stone has said he had no inside information about the contents of the emails in WikiLeaks’ possession or the timing of when they’d be released.

Stone has said he learned from Credico that WikiLeaks had the emails and planned to disclose them. Stone has also spoken openly about his contacts with Corsi.

Credico hasn’t been accused of any wrongdoing. Last year, Mueller’s prosecutors offered a plea agreement to Corsi that would have required him to admit that he intentionally lied to investigators about a discussion with Stone about WikiLeaks. But he rejected the offer and denied that he lied.

In a tweet Friday, Podesta wrote that it was now “Roger’s time in the barrel.” That was a play on Stone’s own words. Stone had tweeted cryptically before the Podesta emails were disclosed that it would soon be Podesta’s “time in the barrel.”

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Read the indictment: https://apne.ws/1P23qpR

Police: 2 jailed for stealing Kansas woman’s purse at gunpoint

SEDGWICK COUNTY — Law enforcement authorities are investigating two suspects for alleged armed robbery.

Mitchell -photo Sedgwick Co.
Anderson -photo Sedgwick Co.

Just before 10:30 a.m. Wednesday, police contacted two suspects identified as 39-year-old Brian Mitchell and 35-year-old Krystal Anderson both of Wichita outside of a residence in the 5100 block of east Funston, according to officer Charley Davidson.

Police spoke to them regarding an ongoing investigation of an aggravated robbery case which occurred on January 15.

A 41-year-old female victim reported while in the parking lot of The Smoke Shop, 4703 E. 13th Street, a suspect pointed a gun at her and took her purse, according to Davidson. There were no injuries reported.

Through the investigation, both Mitchell and Anderson were identified as involved in the armed robbery.

Police arrested Mitchell for two counts of possession of a firearm by a felon, aggravated assault and traffic charges. They also arrested Anderson  for aggravated assault and theft.

The case will be presented to the Sedgwick County District Attorney’s Office.

 

 

Kansas woman ordered to repay more than $2,500 for Medicaid fraud

ABILENE – A Kansas woman was ordered Wednesday to repay more than $2,500 to the Kansas Medicaid Program after being found guilty of Medicaid fraud-related charges, according to Attorney General Derek Schmidt.

Loomis has two previous drug convictions, according to the Kansas Dept. of Corrections

Ashley Loomis, 29, of Abilene, pleaded no contest in November and was found guilty in Dickinson County District Court of one felony count of making a false claim to the Medicaid Program and one felony count of conspiracy to commit making a false claim to the Medicaid Program.

On Wednesday, Dickinson County District Judge Benjamin J. Sexton ordered Loomis to repay $2,532.85 to the Kansas Medicaid Program. Judge Sexton also sentenced Loomis to 24 months probation with an underlying prison sentence of 16 months. Convictions such as this one may also result in a period during which the defendant is prohibited from being paid wages through a government health care program.

An investigation by the attorney general’s Medicaid Fraud and Abuse Division revealed that Loomis’ mother, Dawn Penrod, billed Medicaid on Loomis’ behalf for services provided as a personal care attendant to Penrod, who is a disabled person, while Loomis was incarcerated between August 2014 and October 2015. There were approximately 352 hours billed to Medicaid while Loomis was incarcerated in either Dickinson County, Harvey County or Pottawatomie County jails.

Man who attacked Kansas deputy admits to a second rape

INDEPENDENCE, Mo. (AP) — A 41-year-old man who raped a Kansas sheriff’s deputy has pleaded guilty to a second rape in Missouri.

Luth -photo Jackson Co.

William Luth pleaded guilty Thursday and was sentenced to 30 years in prison for the attack on an Independence, Missouri, woman in February 2016.

The sentence will run concurrently with a 41-year sentence Luth received for attacking a Johnson County, Kansas, sheriff’s deputy in October 2016.

Prosecutors charged Luth and another man, Brady Newman-Caddell, in the both crimes.

The Missouri woman was attacked as she slept, with her 2-year-old daughter on the bed next to her. No suspects were identified until DNA was found after the Kansas attack.

Newman-Caddell on Wednesday asked to withdraw his guilty plea in the Kansas case and go to trial.

Kansas woman convicted in drug-deal robbery, shooting

LAWRENCE, Kan. (AP) — A Lawrence woman has pleaded no contest in a drug-deal robbery in which a 17-year-old was shot and critically wounded.

Parnell-Photo Douglas Co.
Hormell -photo Douglas Co.

19-year-old Ardyn Pannell, of Lawrence, entered the plea Wednesday to counts of robbery and conspiracy to commit robbery.

An attempted second-degree murder case is pending against Pannell’s former boyfriend, 19-year-old Michael Hormell, of Lawrence. The affidavit says Pannell and Hormell set up a January 2018 drug buy with the victim at a Lawrence park. But authorities say their plan was to rob him. Pannell is accused of pulling the trigger. The victim was flown to a hospital in critical condition with a chest wound but survived.

Pannell’s sentencing is scheduled for May 13.

Kansas man held on $10,000 bond for alleged forgery

RILEY COUNTY —Law enforcement authorities are investigating a Kansas man for alleged forgery.

David Voter -photo KDOC

Just after 2a.m. Thursday police arrested David Voter, 48, of Manhattan was arrested in the 900 block of Thurston in Manhattan, according to the Riley County Police Department activity report.

He is being held on a $10,000 Bond for two counts of forgery.

He has two previous convictions for aggravated battery and criminal damage to property in Marshall County, according to the Kansas Department of Corrections.

Fire Marshal: Kan. fire victim was smoking while using oxygen

WICHITA, Kan. (AP) — Wichita’s fire marshal says a 58-year-old man who died in a house fire was smoking while using oxygen.

Crews on the scene of Thursday’s fatal fire –photo courtesy KWCH

Battalion Chief Jim Wilson says crews were called to a home in south Wichita early Thursday after a passerby reported seeing smoke coming from the home.

The victim was found dead in a bedroom, where the fire was burning.

Fire Marshal Stuart Bevis said the fire is believed to have been sparked by the victim smoking while using oxygen.

It caused $55,000 in damage to the home and its contents.

Update: Man hospitalized after Kansas hunting accident

RENO COUNTY — One person was injured in a hunting accident just before 8a.m. Thursday in Reno County.

Three men from California were hunting near High Point and Blanchard Road, according to Reno County Sheriff’s Captain Steve Lutz.  One man’s shotgun fired and struck him in the heel of his foot. 

Emergency Medical Crews transported him to Wesley Medical Center for treatment.

Name of the victim has not been released.

————–

RENO COUNTY —Deputies and EMS were responding to western Reno County for an accidental shooting while hunting.

The individual reports shooting himself in foot with shotgun, according to a social media report just before 8a.m. from the Reno County Sheriff’s office. 

Authorities have released no additional details.

Kansas governor creates advisory group to improve education

TOPEKA, Kan. (AP) — Gov. Laura Kelly has signed an executive order creating an advisory group that aims to improve education in Kansas.

The governor told reporters Thursday that educating children is one of the most important obligations of elected leaders and one of the best economic and civic investments to make in Kansas.

The Governor’s Council on Education will look for ways to enhance early childhood education, create relationships between the education and the business community and develop partnerships to address workforce needs in Kansas.

Kelly says improving education means not only fully funding public schools, but also looking for ways to evaluate and innovate from early childhood all the way through to the workforce.

The group, which builds on the work of a previous education council, will hold its first meeting Wednesday.

Police identify officer killed in accidental shooting

ST. LOUIS (AP) — The Latest on fatal shooting of an off-duty St. Louis police officer (all times local):

12:30 p.m.

St. Louis police have identified the officer killed in an accidental early morning shooting as 24-year-old Katlyn Alix.

The shooting happened around 1 a.m. Thursday when two on-duty male officers went to one of their homes during their shift. Police Chief John Hayden says Alix was off-duty and stopped by the home. It wasn’t clear why the officers were at the home.

A police incident report says the officers were seated in the apartment living room when one of the male officers “mishandled a firearm and shot (Alix) in the chest.”

The male officers took her to a hospital, where she died.

Police and the St. Louis city circuit attorney’s office are investigating.

Hayden, in a statement, says Alix was an “enthusiastic and energetic young woman with a bright future ahead of her.” Survivors include her husband, parents and a sister.

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7:30 a.m.

Authorities say a St. Louis police officer has accidentally shot and killed another officer.

The St. Louis Post-Dispatch reports that the shooting happened around 1 a.m. Thursday when two on-duty male officers went to one of their homes during their shift. Police Chief John Hayden said during a news conference that a 24-year-old off-duty officer was shot in the chest when she stopped by the home.

The male officers took her to a hospital, where she died. Mayor Lyda Krewson described the shooting as “terribly sad” in a tweet.

No other details were immediately released, including the names of the officers or why they were at the same home when the shooting happened. Overall crime in the Carondelet neighborhood where the shooting happened has been up in recent months.

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