Looking for a pardon from the govenor in Kansas? Not so fast.

This article in the Lawrence Journal World talks about the denial of clemency by the govenor of Kansas.  Kind of interesting stuff.  Looks like he did not grant a single pardon request in 2011.  That doesn't surprise me but what does make me laugh is the panoply of different offenses that people have tried to get a pardon for.  From murder all the way down to a traffic ticket.

I guess the guy who tried to get a pardon for the traffic ticket didn't realize that a pardon doesn't expunge your record it just lets a person out or prision or frees them from punishment.  Here is the article.

By Shaun Hittle— Lawrence Journal-World

February 6, 2012

Kansans who were denied pardons by Gov. Sam Brownback in 2011 ranged from murderers claiming innocence to traffic law violators claiming police misconduct, according to an open records request filed by the Lawrence Journal-World.

In all, 39 people were denied pardons by Brownback last year; no pardons were granted, according to letters from the governor’s office to pardon applicants. The Kansas Prison Review Board, which reviews pardons before sending them to the governor, denied a Journal-World open records request for the full pardon applications, citing an exemption in the Kansas Open Records Act.

One of the denied pardon applicants, Ronnie Rhodes, was convicted of a 1981 murder in Wichita. He claims he’s innocent. His case has been taken up by a variety of advocates, including a Washburn University School of Law class run by Kansas attorney Rebecca Woodman. Rhodes had exhausted his appeals, and possible DNA evidence from the crime couldn’t be located for testing.  Rhodes’ application was denied, but Woodman said attorneys have resubmitted a pardon application that includes the findings of an extensive investigation.

For Rhodes, a pardon, sometimes referred to as clemency, is likely the last option, and Woodman said she hopes the governor takes a serious look at Rhodes’ case.  “Clemency is intended to be the fail-safe in the criminal justice system,” Woodman said.  Rhodes is joined by nine others denied pardons who were convicted of murder or manslaughter charges, as well as 11 with sex offense convictions.

Then there’s Eddie Mendia, a 63-year-old Wichita man who for years has been fighting a 2008 right-of-way traffic ticket given in Wellsville. Mendia, who operates the Wichita-based nonprofit Homeless Search Corp., says he was pulled over not because of a traffic violation, but because of his Mexican heritage.  “My evidence didn’t matter at all,” Mendia said of his trial that resulted in a conviction.
The Kansas Constitution gives the governor sole authority to issue pardons, which do not erase a person’s conviction but free him or her from prison or parole obligations.

Pardons are uncommon in Kansas.  Former Kansas Gov. Kathleen Sebelius issued only one pardon during her six years as governor. Gov. Mark Parkinson, Sebelius’s successor, issued four, all related to decades-old cases.

Here are the Applicants and sopme of the Crimes they are trying to get pardons for:

Applicant's name

Listed on DOC website?

Earliest Release Date

Date of pardon denial

offense 1

Offense 2

Offense 3

Johnson, Barbara L.

N

NA

Mendia, Eddie

N

Never served prison time

Traffic ticket, according to Mendia

Amos, Dawn Marie

Arson, escaped from custody, serving in absentia

Serving in absentia

5/17/2011

Sloan, Jonathen

Y

Discharged 4/10/2008

5/13/2011

Poss. anhydrous ammonia in unapproved container, 2001, Harvey

Use of ammonia for controlled substance, 2006, Reno

Brinkman, Pamela

Y

Released, 10/28/02

5/4/2011

Sexual exploitation of child: possible visual child less than 16, 1996, Leavenworth (2 counts)

Heathcock, Phillip

N

NA

Thomasson, James

N

NA

Whitewolf, Marvin

N

NA

Bloom, Jessica

N

NA

Piland, Dallas

Y

Paroled 2/10/2011

5/4/2011

Ag. assault, 2002, Sedgwick (2 counts)

Involuntary manslaughter DUI or drugs, 1997, Sedgwick

Rhodes, Ronald

Y

8/1/2012

5/4/2011

Ag. battery, 1979, Sedgwick

Murder (1st degree), 1981, Sedgwick

Janes, David

y

Paroled 1/20/2011

5/4/2011

Ag. burglary, 2007, Shawnee

Theft between 1k and 25k (2 counts), 2007, Shawnee

Hooks, Rodney

y

7/24/2035

5/13/2011

Ag. Burglary,1990, Sedgwick

Aiding Ag. Kidnapping, 1990, Sedgwick (2 counts)

Toro, Antonio

Y

9/23/2016

5/13/2011

Ag. indecent liberties between age 14 and 16, 2007, Shawnee (2 counts)

Clifton, Michael

Y

7/29/2018

5/24/2011

Ag. indecent liberties w/ child, 1994, Sedgwick

Ag. criminal sodomy, 1994, Sedgwick

Ag. criminal sodomy child, 1996, Sedgwick

Smith, Ronnie A.

Y

3/1/2016

5/4/2011

Ag. juvenile delinquency, 1974, Johnson

Arson, 1978, Johnson

Murder (2nd degree), 1978, Johnson

Scales, Eddie

Y

9/1/2018

5/4/2011

Ag. robbery, 1989, Sedgwick

Theft, 1989, Sedgwick

Robbery, 1989, Sedgwick

Horn, Joshua

y

10/30/2019

5/4/2011

Ag. sodomy child less than 14, 2006, Butler

Nixon, Grant

Y

Life

12/22/2011

Ag. sodomy, 2009, Montgomery

Ag. indecent solicitation of child, 2009, Montgomery

Electronic solicitation, 2009, Montgomery

Graham, Lisa

Y

Parole, 7/2/09

5/13/2011

Attempted Murder, 1999, Saline (2 counts)

Cook, Kenneth

y

2/1/2012

5/24/2011

Burglary, 1985, Wyandotte

Robbery, 1985, Shawnee

Murder (2nd degree), 1992, Shawnee

Slaughter, Terry

Y

Discharged 9/24/2008

5/4/2011

Criminal deprivation of a motor vehicle, 2000, Pratt

Worthless check less than $500, 2005, Pratt

Drug possession, 2007, Pratt

Gilliam, Garette

y

Released 10/4/2011

7/26/2011

Domestic battery, 2008, Riley

Criminal restraint, 2008, Riley

Battery, 2008, Riley

Callaway, Charles

Y

Paroled 8/20/2010

7/25/2011

Drug possession, 1995, Seward

Manufacturing unlawful substance, 1995, Seward

Drug possession within 1,000 feet school, 1995 (2 counts), Seward

Sturgeon, Frank

Y

Paroled 8/29/2011

12/12/2011

Drug possession, 2002, Kiowa

Drug paraphernalia, 2002, Kiowa

Collins, Chase

y

6/1/2014

7/25/2011

Indecent solicitation of a child between 14 and 16, 2001, Shawnee (2 counts)

Battery on a mental health employee, 2006, Pawnee (2 counts)

Siesener, Robert

Y

Paroled 1/11/2012

5/4/2001

Kidnapping conspiracy, 2001, Johnson (2 counts)

Young, Chano

Y

3/25/2025

5/4/2011

Murder (1st degree), 1995, Geary (2 counts)

Dean, Deon

y

Life

5/13/2011

Murder (1st degree), 1998, Finney

Criminal Threat, Finney, 1996

Ag. Robbery, 1998, Finney

Jamerson, James

y

6/23/2022

5/13/2011

Murder (2nd degree), 2001, Shawnee

Ag. robbery, 2001, Shawnee (2 counts)

Margrave, Darryl

Y

11/28/2016

5/4/2011

Rape child less than 14, 2002, Wyandotte (3 counts)

Ag. sodomy, 2002, Wyandotte

Ag. indecent liberties fondling, 2002, Wyandotte (4 counts)

Velos-Garica, Richard

Y

4/4/2017

5/4/2011

Rape child less than 14, 2007, Nemaha

Esquivel, Adan

y

8/22/2012

5/4/2011

Rape<14, 1998, Sedgwick (2 counts)

Clark, Ulysses

Y

2/26/2017

12/22/2011

Solicitation for murder, 2008, Geary

Drug sales, 2008, Geary

Perjury, 2009, Geary

Ransom, Robert

Y

Paroled 7/19/2011

5/4/2011

Voluntary manslaughter, 2004, Shawnee

Criminal possession of a firearm, 2004, Shawnee

Boomershine, Billie

Y

3/3/2013

5/4/2011

Aggravated Kidnapping, 1998, Montgomery

Aggravated Burglary, 1998, Montgomery

Brooks, Evelyn

Y

Paroled, 1/19/12

5/4/2011

Involuntary manslaughter DUI or drugs, 2009, Shawnee

Stewart, Matthew M.

No picture

Released 7/23/2003

Ag. indecent liberties w/ a child, 2002, Sedgwick

Thompson, Kevin H.

Y

Released 8/25/2010

5/4/2011

4th DUI, 2008,Sedgwick

Cracking Down: Officer with the MOST DUI's Speaks out.

Article posted in the Shawnee Dispatch, talks about one officer's protocol when it comes to DUI citations.  He has given out the most in the city so its from a notable source.  Don't drink and drive over this Super Bowl weekend.  The police will be out, and like the article says, driving on the backroads and avoiding the main roads is not a viable option.

If you do get cited for a DUI you need an attorney and you need one fast.  Remember you only have 14 days from the time you get cited to begin protecting your license.  If you miss the deadline, you can't be given an administrative hearing.  Get an attorney and help yourself minimize the problem right away.

Cracking down:
Officer with Shawnee’s most DUI arrests knows how to spot drunk drivers
By: Sarah Shepard

So you’ve had a few too many at the bar, and you know it. You figure, instead of taking a main thoroughfare home, you’ll creep along the side roads and avoid the police, right?

Totally unoriginal.

Officer Rusty Morton has seen your trick — and many others — often. And if he spots you, there’s a good chance that you’ll be winding down your evening in jail and landing a DUI on your record.  Unlike larger Kansas City area cities, the Shawnee Police Department doesn’t have any officers tasked specifically with catching drunk drivers. But with Shawnee’s highest number of DUI arrests last year, Morton is the city’s unofficial DUI specialist.

Morton made 35 DUI arrests in 2011, accounting for 17 percent of Shawnee’s 210 DUI arrests that year. In January, the Cass-Heartland chapter of Mothers Against Drunk Driving gave him an achievement award for his efforts detecting and apprehending impaired drivers.  The next-highest number of arrests by an individual Shawnee officer was about 20, said Sgt. Jim Baker, who leads Shawnee’s traffic unit. Baker said Morton’s count was high for a patrol officer.  “He’s just good at detecting DUIs,” Baker said

Morton, an 11-year Shawnee officer who lives in Gardner with his wife and two children, prefers working the overnight shift, from 10:15 p.m. to 6:30 a.m., especially on Friday and Saturday nights. In between other calls, he keeps his eyes peeled for impaired drivers.

Some are flagrant.

On New Year’s Eve, Morton had just flipped off his emergency lights and was pulling away from a traffic stop on Shawnee Mission Parkway when he saw a car coming toward him in the wrong lane on a divided portion of the Parkway, near Woodland Drive.  Morton said his adrenaline kicked in.
“You just want to get it stopped, whatever the reason may be,” Morton said. “Sure enough, she was intoxicated. She had no idea she was going the wrong way.” 

Others are subtle.

Morton said he makes it a policy not to “sit on” bars. There are too many things a defense attorney could argue (most notably, he said, that if the suspect was noticeably intoxicated, the officer should have stopped him before he got in the car).  Instead, he watches for traffic infractions that could indicate a driver is impaired.   “Most don’t like to travel the main road,” Morton said. “They know they’re intoxicated, they’re going to travel side roads to avoid being caught by us. Others just think they’re OK to drive.”  Morton said the most common infractions he sees are wide turns and crossing the center line. He said he usually tails a driver long enough to count three or four touches on the dividing line before pulling him over. During a stop, Morton smells for alcohol and looks for watery, bloodshot eyes, which trigger him to proceed with alphabet or counting tests and, possibly, a field sobriety test.

Morton said he’s methodical. He’s made a lot of DUI arrests, and he knows what it takes to get them to stand up in court.  When it comes to defense attorneys, Morton said, “I try to beat them to the punch.”  “To me, it’s a great compliment when I go into these hearings and they say, ‘Hey, I’ve got nothing to argue.’”  Morton said he tells designated drivers that he appreciates what they’re doing. When he confirms they’re sober, he said, he’s been known to let them off the hook for whatever minor traffic infraction that prompted the stop.

Nov. 5, 1988, a drunk driver caused a wreck that killed one of Morton’s cousins in the Missouri bootheel, where he was raised.  Morton said he was about to turn 16, and his cousin was several years older. The culprit was a “career drunk,” Morton said, so much so that his father was caught smuggling alcohol to him even after he was imprisoned. 

In the years since, Morton has seen how his cousin’s death affected her family. It’s a big reason he’s carved out a niche making DUI arrests in his previous job, as an Army police officer at Fort Riley, and his current job, as a patrol officer in Shawnee.  “Our main goal is making sure people are getting home safely and they’re not hurting themselves, or somebody else,” Morton said.

Police will be cracking down on 69 Hwy in Overland Park.

Do you have a lead foot?  Well don't say you weren't warned.  This  story aired last night on the news (KCTV5) about the confusing mess that is I69 in Overland Park.  I69 in Overland Park has been under construction for what seems like forever and all that road work confuses people that aren't familiar with the area.  When people get confused they slow down and that causes traffic.  When there is traffic people are trying to get out of traffic and often will speed.  Speeding causes cops. Cops cause speeding tickets.






Like the story said the police will be ramping up efforts to patrol the area more.  I checked this morning and rest assured there were two Overland Park Police cruisers, one on each side of the road,  close to the 103rd street exit.

Looks like the Overland Park PD is keeping their word.  So if your driving through that area remember to slow down and obey the speed limit.  Overland Park municipal prosecutors will not amend tickets in a construction zone.  If you get a ticket in a construction zone in Overland Park its a trial or a guilty plea, thats it.

MIP charges in Shawnee Kansas will cause problems for underage housepartying kids

I was watching the news last night when I saw this story about some underage kids drinking in a Shawnee Kansas home.  It appears that the home owner's son had "broke in" to the house to throw a party.  At that party there were over a dozen kids drinking alcohol.  A neighbor phoned in the disturbance and the Police showed up.  Several kids got arrested, others got a citation for MIP.

Here is the story.

If you happen to be one of these parent or you find yourself in a similar situation, here are some things you need to know.

You child is looking at:
-up to one month in jail
-$200 -$500 Minimum Fine (depending on age)
-40 Hours of Community Service
-required attendance in alcohol program
-Mandatory suspended driver's license

The next thing you need to know it that your child needs an attorney.  Your child does not want to take a conviction if at all possible.  An MIP conviction will stay on their criminal record forever, and isn't even eligible to be expunged for three years after the time they get off probation.  There are specific defenses to MIP cases.  Pay a lttle bit of money, get an attorney, help your kids.  It will save you a huge headache in the long run.

How do I find out why my driver's license is suspended in Kansas?

The story doesn't change much.  A person gets pulled over for speeding, the officer asks for your license and your proof of insurance and says, "Wait right here."  The officer returns to your vehicle a short time later with some surprising news.  Your license has been suspended and now your not only having to deal with a speeding ticket but now you are getting charged with a Driving While Suspended.

The questions most people have include:  What kind of punishment am I looking at?  How much is this going to cost?... and the most common, WHY IS MY LICENSE SUSPENDED?

Well the answers to the first two questions have already been addressed in this blog here.
http://blog.kcticketguy.com/2011/10/driving-on-suspended-license-why-is-my.html

But if you are wanting to find out why your license is suspended watch this video.



The Kansas Department of Revenue has made it pretty easy to find out what is going on with your license.  You go to this website:

https://www.kdor.org/DLStatus/login.aspx?ReturnUrl=%2fdlstatus%2fsecure%2fdefault.aspx

or Click this link  Kansas Driver's License Check

The site is pretty user freindly.  Just fill out the form and hit submit.  The KDR database will search and pull up the status of your license.  If you are suspended it will tell you the court in which has suspended your license as well as the phone number and give you a reason for the suspension.  Now you will at least know why it is suspended, so when you call an attorney to fix the problem you will have some grasp of the costs involved and work that will need to be done.

Oldest Federal Judge Dies at 104 in Kansas.

"As a Federal Judge I am appointed for life or good behavior, which ever I loose first."  Judge Wesley Brown quipped in an interview with the associated press.  But its a joke that had some truth.  Judge Brown untill recently was the oldest Federal Judge in the nation, untill his death at 104 years old.

I'ts pretty impressive to stay in any position that long.  Judge Brown had been sitting on the bench since appointed by President Kennedy.  Untill recently he was still hearing cases both criminal and civil.  here is the AP article.

WICHITA, Kan. — U.S. District Judge Wesley Brown, the nation’s oldest sitting federal judge, has died at age 104.  Brown died Monday night at the Wichita assisted living center where he lived, his law clerk, Nanette Turner Kalcik, said Tuesday. 

During his long tenure, the senior judge in Wichita repeatedly tried to explain why he had not yet fully retired from the federal bench.  “As a federal judge, I was appointed for life or good behavior, whichever I lose first,” Brown quipped in a 2011 interview with The Associated Press. How did he plan to leave the post? “Feet first,” Brown said.

Brown was appointed as a federal district judge in 1962 by then-President John F. Kennedy.  In 1979, Brown officially took senior status, a type of semiretirement that allows federal judges to work with a full or reduced case level. But he continued to carry a full workload for decades later.  “I do it to be a public service,” Brown said in the AP interview. “You got to have a reason to live. As long as you perform a public service, you have a reason to live.”  His long tenure on the federal bench rivals that of Joseph Woodrough, a judge on the U.S. Court of Appeals for the Eight Circuit, who had been the longest practicing judge in the federal judiciary when he died in 1977 at age 104.

In recent years, Brown’s stooped frame nearly disappeared behind the federal bench during hearings. His gait was slower, but his mind remained sharp as he presided over a tightly run courtroom even after turning 104 last June.  It was not until March 2011 that Brown removed himself from the draw for assignment of new criminal cases. Several of his existing cases were reassigned to other judges as he continued to preside over fewer of his remaining criminal and civil cases. By the time he died he was no longer presiding over hearings.

Kansas City Man gets 164 years in Prision!

Just came out on an FBI press release that Abasi Baker of Kansas City, MO was convicted on multiple charges originating from a series of armed robberies on the Kansas side of the metro.  Considering the man's history and the nature of the crimes a Federal Judge all but threw the book at him.  The most notable quote came from the U.S. Attorney stating,  “This should send a clear message to convicted felons with guns,” said United States Attorney Barry Grissom. “Gun crimes mean hard time.”

164 years of "Hard Time" might be an understatement. 


Here is the Press Release:

KANSAS CITY, KS—A Kansas City, Missouri man has been sentenced to 164 years for a string of armed robberies, United States Attorney Barry Grissom said today.

Abasi S Baker, 32, Kansas City, Missouri, was convicted in a jury trial in September on 21 counts including seven counts of robbery, seven counts of unlawful possession of a firearm after a felony conviction, and seven counts of brandishing a firearm during a robbery.

“This should send a clear message to convicted felons with guns,” said United States Attorney Barry Grissom. “Gun crimes mean hard time.”

During trial, prosecutors presented evidence Baker committed seven robberies including:

January 6: Payday Loans, 7636 State Ave ., Kansas City, Kansas.

January 10: Radio Shack, 7612 State Ave ., Kansas City, Kansas.

January 12: Payday Loans, 10327 Metcalf Ave ., Overland Park, Kansas.

January 16: Dollar Store, 8144 Parallel Parkway, Kansas City, Kansas.

February 16: Check Into Cash, 11044 Quivira, Overland Park, Kansas.

February 22: Check Into Cash, 15241 W 135th, Olathe, Kansas.

March 3: Radio Shack, 6945 W 75th, Overland Park, Kansas.

Co-defendant Mark R Davis is set for a jury trial March 5.

Grissom commended the following agencies and individuals for their work on the case: The FBI and the FBI Violent Crimes/Fugitive Task Force; the Wyandotte County District Attorney’s Office; the United States Attorney, Western District of Missouri; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Kansas City, Mo ., Police Department; the Kansas City, Kansas ., Police Department; he Overland Park Police Department; the Olathe Police Department; the Johnson County Sheriff’s Office; the St. Joseph, Mo ., Police Department; the Lee’s Summit, Mo ., Police Department; the Mission, Kansas ., Police Department; and assistant United States Attorney Terra Morehead, who prosecuted the case