The Kansas Supreme Court heard arguments from both sides of the Kyle Flack murder case yesterday. The defense concentrated on the initial interrogation and if Flack had indicated he wanted to end the questioning and invoke his right to counsel. Defense Attorney, Clayton Perkins, from the Capital Appellate Defender Office, says that Flack saying “take me to jail” indicated he wanted to end the questioning. But Deputy Solicitor General Kris Ailslieger contended he never indicated directly he wanted to stop the questioning.
Justices say they were troubled that on two occasions the officer tried to redirect Flack to keep talking and he eventually admitted to one of the killings.
The other issue addressed this morning was the time it took for the defense to get ready for trial. Part of the issue was the main defense lawyer retired about a year into the investigation, leaving his assistants and others to fill in the newly assigned lead counselor. Defense contends that the time given was not adequate and a third motion for continuance was denied. The State says only one man retired and the rest of the team had all the records and could have easily filled in the new lead defense attorney. However, the defense, in closing, said with all the questions surrounding the trial, some he was not able to adequately address yesterday, asked that the court find the State had not carried it’s burden beyond a reasonable doubt and the errors were not harmless and they should reverse Flacks convictions and death sentence and demand a new trial.
Flack was convicted in May of 2016 of raping and killing 21 year old Kaylie Bailey and her infant daughter, as well as 31 year old Steven White and 30 year old Andrew Stout on a farm on Georgia Road, outside of Ottawa. The court took the arguments under advisement. No word when their ruling will be announced.
