OTTAWA — Saturday night’s discovery of the body of toddler Lana Bailey’s body by an Osage County deputy in a rural part of that county brought the end of the first phase of a quadruple murder near Richter and started a new phase. Kyle Flack, 27, charged in connection with the murders, was in Franklin County District Court this afternoon for the second time. Today’s hearing, in which the courtroom was packed mostly with family and friends of the murder victims, was relatively routine, with attorneys tentatively setting a hearing July 8 to discuss the schedule for a preliminary hearing. Unless Flack’s attorney waives it, at the preliminary hearing, prosecutors will present their evidence against him. At Friday’s first hearing, Flack was formally charged with two counts of capital murder; or alternative charges of four counts of first-degree murder and one charge of rape; and another charge of criminal possession of a firearm while a felon. The capital charges would allow prosecutors to seek the death penalty. The alternative murder charges would mean life imprisonment without parole if Flak is convicted. Flack was charged with the murders of Andrew Stout, 30; Steven White, 31; Kaylie Bailey, 21; and her 18-month-old daughter Lana Bailey. His bond has been set at $10 million. At Friday’s hearing, Flack displayed his middle finger at reporters and onlookers as he was being escorted to the courtroom. At Friday’s hearing, he demanded to see a court-appointed lawyer. “The sooner I can see him, the sooner I can wrap this up,” he told Judge Eric Godderz. He’s being represented by Ron Evans, head of the Kansas Death Penalty Defense Unit. Flack had served four years in state prison until he was paroled in 2009. As part of a plea deal in Franklin County District Court in September 2005, Flack pleaded no contest to attempted murder in the second degree and was sentenced to nearly six years after shooting an ex-boss Steven Free, who fired him, five times. Authorities and acquaintances say that Flack has a history of mental issues.
Monday, May 13, 2 p.m.; updated 4 p.m.
