The attorney of an Osage County man that is sitting on death row for a quadruple murder 13 years ago has filed a civil lawsuit to possible shorten or overturn his sentence. Defense Attorney Julia Spainhour, has listed 14 grounds for the lawsuit, alleging violations of Kahler’s right to be free from cruel or unusual punishment; violations leading to an inability to provide effective counsel; jury selection and misconduct issues; conflicts of interest among Kahler’s initial defense team; prosecutor error; and what Spainhour says is the arbitrary use of the death penalty, which she says violates both the U. S and Kansas constitutions.
Kahler was convicted of killing his wife, two daughters and wife’s grandmother in November 2009. An Osage County Jury convicted Kahler of capital murder in August 2011. He was then sentenced to death two months later. After several direct appeals, the U. S. Supreme Court affirmed the Kansas Supreme Court decision on use of the death penalty in 2020.