The Kansas Supreme Court will hear an appeal from, arguably the most notorious murderer in Franklin County history, this morning. Attorneys for Kyle Flack will present arguments stating several key points they found fault within the trial, most notably that a “death sentence” is prohibited under the Eighth Amendment, because Flack suffers from severe mental illness. Also, the District Court Judge committed irreversible error by admitting Flack’s custodial statements, made after he allegedly invoked is Miranda Rights. They also charge that the prosecutor erred by referencing “leveling the scales” during Preliminary Examination, when explaining the Penalty Phase, mentioning “Mothers Day” during closing arguments in an appeal to the sympathies of the jury and several others.
Flack was convicted in Franklin County Court in May of 2016, of raping and killing 21 year old Kaylie Bailey, killing her infant daughter; as well as 31 year old Steven White and 30 year old Andre Stout on a farm on Georgia Road, outside Ottawa. The child’s body was found stuffed in a suitcase a few days later in Osage County.
The Kansas Supreme Court will hear Flack’s appeal this morning at 9:00.
