AP Top Kansas News at 5:45 a.m. CDT
Saturday, June 20, 2009
Abortion clinic in focus again, with vigil planned
WICHITA, Kan. (AP) -- The now-shuttered Kansas clinic run by slain abortion provider George Tiller is the focus of the issue again, with a vigil and counter-demonstrations planned Saturday.
Operation Rescue planned a gathering and prayer vigil in Wichita led by Rev. Patrick Mahoney, who helped lead the 1991 "Summer of Mercy" protests in the city that sparked mass demonstrations and arrests.
Tiller was gunned down May 31 in the foyer of his church. Scott Roeder, 51, faces first-degree murder and aggravated assault charges. Tiller's clinic was one of the few in the nation where third-trimester abortions were available.
Marla Patrick, state coordinator for the National Organization for Women, said dozens of abortion rights supporters plan to confront Operation Rescue at the clinic.
Abortion opponents plan to lay hundreds of flowers in remembrance of the more than 60,000 abortions performed at the clinic since abortion was legalized. A memorial service there will be followed by a prayer walk across Wichita and vigils at a local church.
Tiller's family said it would permanently close the clinic after he was killed while serving as an usher at Sunday morning church services.
------ Kan. treasurer warns about unclaimed property site
TOPEKA, Kan. (AP) -- State Treasurer Dennis McKinney is telling Kansans to beware of a Web site that asks them to pay money for help in retrieving unclaimed cash or property.
The site, www.cashunclaimed.com, is not sponsored or endorsed by the treasurer's office.
McKinney says the treasurer's office has its own sites set up for people wanting to search for unclaimed property held by the state: www.KansasCash.com and www.kansasstatetreasurer.com.
Each year, about $20 million worth of unclaimed property is turned over to the treasurer's office from banks, businesses and organizations. Currently, there is more than $200 million of unclaimed property being held by the treasurer's office for Kansans.
The treasurer's office says claiming and searching unclaimed property is "absolutely free."
------ First swine flu case confirmed in Kiowa County
TOPEKA, Kan. (AP) -- Kiowa County in southwest Kansas has its first confirmed swine flu case.
The Kansas Department of Health and Environment said Friday that the virus was confirmed in an adult in the county. No other details were provided.
So far, the state has 110 confirmed cases. But the KDHE has stopped testing for swine flu in several counties where confirmed cases already exist.
Health officials say the swine flu's symptoms are similar to those of the seasonal flu.
------ Man in KC hit-run case to be released
INDEPENDENCE, Mo. (AP) -- A Jackson County judge has ordered the driver in a fatal hit-and-run wreck freed after serving four months of a five-year sentence.
Jackson County Circuit Judge John Torrence issued the ruling Friday after a hearing in the case of Curtis Mertensmeyer.
Torrence called Mertensmeyer's behavior while in prison "exceptional." His scheduled release date is June 30.
The defendant pleaded guilty last year in the May 2008 death of 25-year-old Daniel Riemann, who was struck as he tried to cross a street.
Mertensmeyer admitted he had been drinking and speeding. He received a five-year sentence in February, with possible release after 120 days.
Riemann's parents objected to Mertensmeyer's release. They were removed from the courtroom by bailiffs after being reprimanded by the judge.
------ Audit questions several Kansas State transactions
MANHATTAN, Kan. (AP) -- An audit has revealed numerous instances of questionable transactions during the administration of retiring Kansas State University president Jon Wefald, even as the school continues to face fallout for its handling of former football coach Ron Prince's departure.
The Kansas State Board of Regents released the audit Friday, which details conflicts of interest in the operation of a business incubator at the school and raised questions about how employees in the athletics department were paid.
It suggests that documents detailing newly rehired football coach Bill Snyder's contract be "put through a financial as well as legal review to make sure that the Athletic Department is in compliance with all appropriate accounting and tax laws with regard to the payment of Mr. Snyder's compensation."
Although the audit praised Wefald for increasing enrollment and raising the university's academic profile, it also noted that he delegated many responsibilities to the former vice president of Institutional Advancement, Bob Krause, which led to a "blurring of the lines" between the many entities Krause oversaw.
"The concentration of influence under Mr. Krause has resulted in an informality with regard to how the University and some of its related entities interact and transact," the report said. "This has raised suspicions among the interested parties with regard to the intent behind various transactions that we researched."
However, the audit summary did not mention an agreement to pay former football coach Ron Prince $3.2 million more than the $1.2 million buyout written into his contract. The university has filed a lawsuit contesting the Prince agreement, which was brokered during the tenure of Krause, also the former athletic director.
------ 8 Wonders of Kansas Cuisine announced
INMAN, Kan. (AP) -- Hamburgers, fried chicken and artisan breads are among the menu choices at eight restaurants determined to be the "most iconic" in the state.
The Kansas Sampler Foundation announced its "8 Wonders of Kansas Cuisine" on Friday.
The restaurants are: Bobo's Drive In in Topeka, Brookville Hotel in Abilene, Cozy Inn in Salina, Crawford County Fried Chicken, Free State Brewing Company and WheatFields Bakery Cafe in Lawrence, Guy & Mae's Tavern in Williamsburg, Hays House 1857 Restaurant & Tavern in Council Grove.
Foundation director Marci Penner said her organization works to preserve and sustain rural culture. She said the cuisine picks weren't just about having restaurants compete, but to showcase what Kansas has to offer so people will want to travel to the state.
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------ US regulators close 3 small banks
NEW YORK (AP) -- Regulators on Friday shut down three small banks, pushing this year's tally of failed banks to 40.
One bank was in North Carolina, another in Georgia, and the third was in Kansas. The wave of bank failures is expected to continue throughout the year as the weak housing market and rising unemployment rate cause more borrowers to default on their loans.
The Federal Deposit Insurance Corp. was appointed receiver of Cooperative Bank of Wilmington, N.C., Southern Community Bank of Fayetteville, Ga., and First National Bank of Anthony in Anthony, Kan.
The FDIC agreed to have First Bank of Troy, N.C., take over Cooperative Bank's 24 branches and nearly all of its assets. Cooperative Bank had total assets of $970 million and total deposits of $774 million.
United Community Bank of Blairsville, Ga., will assume Southern Community bank's five branches, its $307 million in deposits, and nearly all of its $377 million in assets.
And Bank of Kansas of South Hutchinson, Kan., will acquire First National Bank of Anthony's six branches, its $142.5 million in deposits, and nearly all of its $156.9 million in assets.
------ Neb. judge considers arguments in US flag case
PAPILLION, Neb. (AP) -- A judge on Friday set no timetable for a ruling in a case that questions whether Nebraska's flag-desecration law violates the free speech rights of a woman who let her child stand on the flag during the funeral of a soldier.
Shirley Phelps-Roper of Topeka, Kan., was charged with violating the law in 2007. She and her attorney, Bassel El-Kasaby, are appealing a county court ruling upholding the law.
Sarpy County District Judge William Zastera told El-Kasaby and the prosecutor Friday that he will review their arguments and rule later. The attorneys made no oral arguments.
Authorities say Phelps-Roper let her then-10-year-old son stand on an American flag at the funeral of a National Guardsman in Bellevue. They also say she wore a flag as a skirt that dragged on the ground.
Phelps-Roper, who was protesting in Los Angeles on Friday and did not attend the hearing, is a member of the Westboro Baptist Church of Topeka, Kan., whose members say U.S. troop deaths are punishment for the nation tolerating homosexuality.
She also faces charges of disturbing the peace, contributing to the delinquency of a minor and negligent child abuse stemming from the incident. El-Kasaby argues the application of those charges -- not the charges alone -- is unconstitutional because they stem from the flag-desecration charge.
------ Veteran accused of faking paralysis to avoid Iraq
EAST ST. LOUIS, Ill. (AP) -- An Army veteran from Illinois bilked the U.S. government by faking paralysis after a car wreck to get disability benefits and avoid being deployed to Iraq, federal grand jurors allege in indicting the former soldier and his wife.
The indictment accusing Jeffrey and Amy Rush of fraud and lying to federal agencies claims the couple stuck to his bogus story that he had lost the use of his legs after the November 2004 rollover crash, just weeks before his Army company from Kansas was shipped off to Iraq without him.
Rush, 26, went on to collect disability benefits from the Department of Veterans Affairs and the Social Security Administration, the indictment made public Thursday alleges without spelling out how much the couple collected altogether.
The indictment offered no details on how Rush perpetuated the alleged scheme.
Court records Friday did not show whether the Rushes had an attorney. Federal prosecutors said Jeffrey Rush now was living in Nashville, Tenn., and that Amy Rush, 25, was staying in Glen Carbon. Neither had a published phone listing.
According to the indictment, Jeffrey Rush was assigned to the 24th Transportation Company at Kansas' Fort Riley in June 2004 when that outfit was warned it would be deployed "in the near future" in support of troops in Iraq.
------ Safety group asks GM for trunk-latch recall
LITTLE ROCK, Ark. (AP) -- A safety foundation asked General Motors Corp. on Friday to recall its 2000-01 sedans and refit their trunks with emergency-release latches after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.
Kansas-based Kids and Cars said that while Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.
"If these two children found themselves trapped inside a 2000 Ford trunk, they would be alive today," the group said in a statement.
GM did not immediately return telephone calls seeking comment.
Washington County Coroner Roger Morris said it appears 5-year-old Curtis Markley and 4-year-old Virginia Markley of Springdale died accidentally in the car's trunk on Monday. The state Crime Laboratory at Little Rock was asked to examine the bodies.
Police said it is likely that the children were playing in the trunk when it closed. Sgt. Shane Pegram said the siblings likely died of asphyxiation but that further investigation was needed. Temperatures were nearly 90 degrees Monday afternoon.
------ Safety group asks GM for trunk-latch recall
LITTLE ROCK, Ark. (AP) -- A safety foundation on Friday asked General Motors Corp. to recall its 2000-01 sedans and refit their trunks with emergency-release latches after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.
Kansas-based Kids and Cars said that while Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.
"If these two children found themselves trapped inside a 2000 Ford trunk, they would be alive today," a statement from the group said.
Washington County Coroner Roger Morris said it appears Curtis Markley, 5, and Virginia Markley, 4, of Springdale died accidentally in the car's trunk Monday. The state Crime Laboratory at Little Rock was asked to examine the bodies.
Police said it is likely that the children were playing in the trunk when it closed. Sgt. Shane Pegram said the siblings likely died of asphyxiation but that further investigation was needed. Temperatures were nearly 90 degrees Monday afternoon.
"Kids love to get into little areas; just kids being curious," said Janette Fennell, the founder of Kids and Cars in Leawood, Kan. She said the group sent a letter to General Motors and to federal regulators asking for a recall. "It's unthinkable that these children are dead."
------ Court upholds murder conviction in lobbyist case
TOPEKA, Kan. (AP) -- The Kansas Supreme Court upheld the murder conviction of Kimberly Danielle Sharp, one of four people convicted in the death of a lobbyist for the homeless three years ago.
The court ruled Friday that Sharp's conviction of life without parole for 20 years was proper. It said the evidence could show she participated in a conspiracy to kill lobbyist David Owen.
Owen disappeared in June 2006. His body was found the next month in a wooded area near the Kansas River.
Prosecutors said the four defendants became upset with Owen because he wouldn't leave the homeless camp, so they tied him to a tree, where he eventually suffocated. Owen was known for giving homeless people telephone calling cards and urging them to call home. His detractors said he was often pushy.
------ Court upholds murder conviction
TOPEKA, Kan. (AP) -- The Kansas Supreme Court has upheld the murder conviction of Wallace Dixon III for his involvement in an Emporia apartment explosion that killed a woman and her infant son eight years ago.
The ruling Friday was the outcome of a second trial in the case. Dixon first was convicted in 2002 but successfully appealed. He was retried and convicted two years ago in a trial that was moved from Lyon County to Saline County.
Dixon's latest appeal was based on seven factors including the refusal of Lyon County District Judge Merlin Wheeler to grant a mistrial on two main grounds -- change of witness testimony on the stand and a juror seeing Dixon in leg restraints outside the courtroom.
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Information from: KVOE-AM
------ Fort Riley soldier dies from Iraq wounds
FORT RILEY, Kan. (AP) -- A 1st Infantry Division soldier from Massachusetts has died from wounds he suffered while deployed to Iraq.
The Army said Sgt. 1st Class Kevin A. Dupont died Wednesday at Brooke Army Medical Center in San Antonio. The 52-year-old from Templeton was wounded March 8 when a roadside bomb exploded near his vehicle.
Dupont was a member of the 79th Troop Command of the Massachusetts Army National Guard. He was assigned to the 1st Brigade, 1st Infantry Division as a transition team member in August 2008.
Transition teams spend 60 days at Fort Riley, then deploy for a year serving as advisers to either the Iraqi or Afghanistan security forces.
To date, 166 Fort Riley personnel have died serving in Iraq and Afghanistan.
------ Kansas court upholds exposure law
TOPEKA, Kan. (AP) -- The Kansas Supreme Court upheld the constitutionality of a law making it a crime to knowingly infect someone with a life-threatening communicable disease.
But in its ruling Friday, the court also struck down the conviction of an HIV-infected man, Robert W. Richardson II, who was convicted in Lyon County District Court of exposing two women to the disease in 2005.
In reversing the conviction, the court ruled the law requires intent and it was never proven at the 2007 trial that he intended to infect the two women.
Richardson maintained during his trial that he was taking his medication, was not showing symptoms and felt the disease was in remission.
In 2006, he was convicted in Douglas County of exposing three women to HIV.
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