By SCOTT ROTHSCHILD, The Lawrence Journal-World
TOPEKA, KAN. – Democratic gubernatorial candidate Paul Davis announced that three former legislators, all Republicans, will lead the campaign's Republicans for Davis group.
“I am deeply committed to restoring the Kansas tradition of bipartisan cooperation in the governor’s office," Davis said Monday.
Davis, from Lawrence, is the House minority leader and likely Democratic challenger in November to Republican Gov. Sam Brownback.
In response to the announcement, Brownback's campaign spokesman David Kensinger referred to Davis' support of President Barack Obama.
"There are only so many Kansans willing to vote for a guy who doubled down on the Obama agenda as an Obama Delegate in 2008 and 2012," Kensinger said.
And James Echols, chair of Democrats for Brownback, issued a statement, saying that many Democrats appreciate Brownback's leadership. "Sam Brownback has shown the right mix of courage and vision to lead our state," said Echols, president of the board of Economic Opportunity Foundation Inc., of Kansas City, Kan.
Davis said he wanted Republicans and independent voters to be part of his campaign and administration if elected.
The three Republicans who will serve as co-chairs of Republicans for Davis are former House Speaker Wendell Lady of Overland Park and former House members Charlie Roth of Salina and Fred Gatlin of Atwood.
Lady said Brownback's income tax cuts, which included eliminating income taxes for nearly 200,000 business owners, "is the most unfair tax legislation ever enacted in Kansas." Brownback has said the cuts will stimulate the economy.
Roth said the state was going in the wrong direction under Brownback and that Davis has helped engineer bipartisan passage of key legislation. Gatlin said Davis would bring people together.
In Kansas, Republican registered voters outnumber Democrats by more than 341,000 out of the state's 1.7 million voters.
Tuesday, January 7, 2014
Sen. Moran to vote against Yellen's confirmation to Federal Reserve
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) released the following statement today regarding his opposition to the confirmation of Janet Yellen as the Chairman of the Federal Reserve:
“As a member of the Senate Banking Committee, I had the opportunity to ask Dr. Yellen direct questions about her views of our monetary policy. Her answers did nothing to alleviate my concerns about current Federal Reserve policies, including quantitative easing. For five years, the Fed’s asset-purchasing program has masked the true size of our deficit and made it easier for Washington to spend money it does not have. While it has been good for Wall Street, Main Street has been left with limited credit, a higher cost of living, and a lack of job opportunities. We cannot continue on this path without regard to the consequences; massive inflation is around the corner.
“I also remain unconvinced that Dr. Yellen will provide the leadership needed to relieve the regulatory burden on community banks, which play an important role in our financial system. Federal regulators continually fail to take into account the unique characteristics of community banks when rulemaking.
“A new direction is necessary. Unfortunately, Dr. Yellen’s nomination demonstrated a commitment to the status quo. With that in mind, I voted against advancing the nomination out of the Senate Banking Committee and was opposed to the final confirmation.”
Simari named executive dean of the University of Kansas School of Medicine
“Robert Simari is an accomplished clinician and researcher who has served in several leadership roles at the Mayo Clinic,” Girod said. “He brings a diverse set of skills and a record of innovation to his new position. He is also an alumnus of the KU School of Medicine with a deep commitment to improving the state of health in Kansas.”
Simari received his medical degree from the University of Kansas in 1986.
Simari said the School of Medicine he remembers “no longer exists.” He noted the role the school has played in The University of Kansas Cancer Center’s National Cancer Institute designation, the Clinical and Translational Science Award from the National Institutes of Health and the reputation of The University of Kansas Hospital.
“Kansas University Medical Center has undergone one of the most impressive trajectories in academic medicine,” he said.
Simari will transition March 24, 2014. He will succeed Girod, who has served as interim executive dean since he became executive vice chancellor on Feb. 1, 2013. The positions of executive dean and executive vice chancellor have been held by the same individual since 2005, when Barbara Atkinson, M.D., then the executive dean, added the responsibilities of executive vice chancellor.
At the Mayo Clinic, Simari is the vice chair of the Division of Cardiovascular Diseases and co-director of the Mayo Center for Clinical and Translational Sciences. He is also former dean of clinical and translational research. In these roles, he has led a diverse group of professionals that supports clinical research on all three Mayo campuses.
An accomplished National Institutes of Health-funded translational scientist, Simari has focused on the response of blood vessels to injury and studied the role of adult stem cells in atherosclerosis. Simari chairs a group of physicians and scientists involved in the study of cell therapies for treating heart disease.
Sponsored and funded by the National Heart, Lung and Blood Institute, the Cardiovascular Cell Therapy Network includes investigative teams at seven sites. In 2011 and 2012, the network reported the results of three separate trials using adult stem cells for cardiac dysfunction following heart attack in the prestigious Journal of the American Medical Association.
Simari co-owns and has applied for several patents. He is the co-founder of Anexon, a company licensed to develop the discovery of a peptide that is being developed to protect kidney function during heart failure.
Simari has been a course director, lecturer and tutorial director in the Mayo Graduate School. He has mentored dozens of postdoctoral and undergraduate fellows.
“It is an exciting time in the history of the University of Kansas School of Medicine and I am humbled by the opportunity to serve as executive dean,” he said. “We will strive for excellence in education, research and practice while training future physicians and scientists to improve the health of all Kansans.”
Born in Weymouth, Massachusetts, Simari was 10 when his family moved to Overland Park, Kansas. His father, a pharmacist by training, worked for Ayerst Laboratories, for which he managed regional operations from Overland Park.
Simari graduated from Shawnee Mission West High School in 1978. He credits Ken Bingman, who taught biology at Shawnee Mission West from 1967 to 2001, with developing his interest in science. Bingman, who went on to teach in the Blue Valley school district, is a member of the National Teachers Hall of Fame.
“Ken Bingman was arguably the greatest high school science teacher in the history of Kansas,” Simari said.
Simari received his bachelor’s degree from the University of Notre Dame and cites the influence of Norton Greenberger, M.D., the chair of the Department of Internal Medicine at the time he was a student at KU, on his decision to train in internal medicine.
After receiving his medical degree, Simari completed a residency at Harvard-affiliated Beth Israel Hospital in Boston. He went to the Mayo Clinic to train as a fellow in cardiovascular diseases and interventional cardiology. He was a postdoctoral fellow in the laboratory of Elizabeth G. Nabel, M.D., at the University of Michigan prior to joining the Mayo faculty.
Simari and his wife, the former Kelly Stavros, have four children ages 17 to 27.
Shurn's 23 points, 14 rebounds pace KCKCC's 8th straight win
By ALAN HOSKINS
KANSAS CITY, KAN. ----- Freshman Iland Shurn stepped front and center when Kansas City Kansas Community College’s streaking women’s basketball team needed it most Monday night.
Hitting 9-of-11 shots from the floor, Iland came off the bench for career highs of 23 points and 14 rebounds including the game’s two biggest field goals in the final minutes of a 59-52 win over Southeast Nebraska. Back home for the first time since Nov. 19, the Blue Devil men could not overcome a barrage of early Southeast 3-point goals in a 60-52 setback.
Southeast took advantage of a 7-minute drought in which the Lady Blue Devils could manage just one field goal in the opener to cut a 48-38 deficit to 50-48 before Shurn converted a 3-point play for a 53-48 lead with 2:13 left.
Kalah Jiggetts’ two free throws made it 55-48 but Southeast again closed to 55-52 before Shurn scored again with 45 seconds left and Jiggetts closed out the win with two more free throws.
“Iland played out of her mind,” said KCKCC Coach Valerie Stambersky. “She was phenomenal, the best game of her career.”
Up until the finish, the Blue Devils were their own worst enemy, committing a season high 28 turnovers and converting only 18 of 40 free throws for just 45 percent. “It wasn’t pretty but it was a win,” said Stambersky. Ranked No. 10 nationally with a 15-1 record, the Blue Devils will take an 8-game winning streak to Allen County Saturday for a 6 p.m. contest.
More than half of KCKCC’s scoring came off the bench as Alyson Weber had nine points and six rebounds to go along with Shurn’s 23 points. Julia Garrard added 10 rebounds and six points, Janai Mitchell nine points and seven rebounds, Jiggetts seven points and six assists and Cassidy Harbert eight rebounds as KCKCC dominated the rebounding 55-37.
A spectacular second half 3-point shooting performance by Willis Garner couldn’t overcome 13 Southeast 3-pointers in the nightcap. A 5-10 freshman guard from J.C. Harmon, Garner hit 6-of-8 3-point shots – all in the second half – to finish with a career high 18 points as the Blue Devils outscored the Storm 41-19 in the second half.
It was not enough, however, to offset the long range shooting of Southeast, which had five 3-points in the first five minutes en route to a 17-3 lead.
Anthony Ridley added eight points, seven rebounds and seven assists, Lucas Smith nine points and five rebounds, Clay Young six points and seven rebounds and newcomer Robert Armstrong five points and five rebounds for KCKCC, which fell to 5-11.
At Allen Saturday, both KCKCC teams are back home next Monday against Wentworth at 5 and 7 p.m.
Hitting 9-of-11 shots from the floor, Iland came off the bench for career highs of 23 points and 14 rebounds including the game’s two biggest field goals in the final minutes of a 59-52 win over Southeast Nebraska. Back home for the first time since Nov. 19, the Blue Devil men could not overcome a barrage of early Southeast 3-point goals in a 60-52 setback.
Southeast took advantage of a 7-minute drought in which the Lady Blue Devils could manage just one field goal in the opener to cut a 48-38 deficit to 50-48 before Shurn converted a 3-point play for a 53-48 lead with 2:13 left.
Kalah Jiggetts’ two free throws made it 55-48 but Southeast again closed to 55-52 before Shurn scored again with 45 seconds left and Jiggetts closed out the win with two more free throws.
“Iland played out of her mind,” said KCKCC Coach Valerie Stambersky. “She was phenomenal, the best game of her career.”
Up until the finish, the Blue Devils were their own worst enemy, committing a season high 28 turnovers and converting only 18 of 40 free throws for just 45 percent. “It wasn’t pretty but it was a win,” said Stambersky. Ranked No. 10 nationally with a 15-1 record, the Blue Devils will take an 8-game winning streak to Allen County Saturday for a 6 p.m. contest.
More than half of KCKCC’s scoring came off the bench as Alyson Weber had nine points and six rebounds to go along with Shurn’s 23 points. Julia Garrard added 10 rebounds and six points, Janai Mitchell nine points and seven rebounds, Jiggetts seven points and six assists and Cassidy Harbert eight rebounds as KCKCC dominated the rebounding 55-37.
A spectacular second half 3-point shooting performance by Willis Garner couldn’t overcome 13 Southeast 3-pointers in the nightcap. A 5-10 freshman guard from J.C. Harmon, Garner hit 6-of-8 3-point shots – all in the second half – to finish with a career high 18 points as the Blue Devils outscored the Storm 41-19 in the second half.
It was not enough, however, to offset the long range shooting of Southeast, which had five 3-points in the first five minutes en route to a 17-3 lead.
Anthony Ridley added eight points, seven rebounds and seven assists, Lucas Smith nine points and five rebounds, Clay Young six points and seven rebounds and newcomer Robert Armstrong five points and five rebounds for KCKCC, which fell to 5-11.
At Allen Saturday, both KCKCC teams are back home next Monday against Wentworth at 5 and 7 p.m.
GUEST COLUMN: Haley previews 2014 Kansas Legislature session
By Kansas Sen. David Haley
A host of issues to be up for debate this session
The 2014 Session of the Kansas Legislature commences Monday, January 13, at the now completely remodeled State Capitol Building in Topeka.
This being my 20th year in the Legislature (six years in the Kansas House of Representatives, 14 years now in the Kansas Senate), I am once again privileged to offer an overview of potential issues to be considered that may not only be of interest to Wyandotte Countians (in the Fourth Senate District) but to all Kansans.
The Wyandotte Legislative Delegation hosted a Public Town Hall meeting on Tuesday, January 7, at the Kansas City Kansas South Library in Argentine.
Although this article was prepared prior to the meeting, I believe some of the issues to be discussed are ones that will be prevalent in Topeka.
They include, but are certainly not limited to:
As always, you may have recently received my NEWSLETTER in the mail and will be sent periodic legislative updates by mail.
If you would like to be added to the Fourth Senate District’s mailing list OR to receive electronic mail updates, just email my office at david.haley@senate.ks.gov or call 785-296-7376, after January 13.
Please remember that I continue to consider it both an honor and a privilege to serve you and to be your voice on state affairs in Topeka.
Happy 2014!
-----
Senator David Haley represents the 4th Senate District which comprises most of the center and eastern half of Wyandotte County in Kansas City, Kansas. The only Democratic attorney in the Senate, he serves as Ranking Member of the Senate Judiciary and on the Kansas Sentencing Commission.
A host of issues to be up for debate this session
This being my 20th year in the Legislature (six years in the Kansas House of Representatives, 14 years now in the Kansas Senate), I am once again privileged to offer an overview of potential issues to be considered that may not only be of interest to Wyandotte Countians (in the Fourth Senate District) but to all Kansans.
The Wyandotte Legislative Delegation hosted a Public Town Hall meeting on Tuesday, January 7, at the Kansas City Kansas South Library in Argentine.
Although this article was prepared prior to the meeting, I believe some of the issues to be discussed are ones that will be prevalent in Topeka.
They include, but are certainly not limited to:
- Affordable Care Act application and connectivity (e.g. Medicare expansion, etc.);
- Voter registration;
- Food stamp reduction impact;
- Unemployment insurance timetables;
- Minimum wage requirements;
- Prison overcrowding alternatives, including potential revamping of criminal codes;
- Death penalty abolition;
- School finance restructuring for USD500;
- New laws in effect such as concealed carry in public buildings, suspended driver’s license reinstatements; and,
- Medical marijuana.
As always, you may have recently received my NEWSLETTER in the mail and will be sent periodic legislative updates by mail.
If you would like to be added to the Fourth Senate District’s mailing list OR to receive electronic mail updates, just email my office at david.haley@senate.ks.gov or call 785-296-7376, after January 13.
Please remember that I continue to consider it both an honor and a privilege to serve you and to be your voice on state affairs in Topeka.
Happy 2014!
-----
Senator David Haley represents the 4th Senate District which comprises most of the center and eastern half of Wyandotte County in Kansas City, Kansas. The only Democratic attorney in the Senate, he serves as Ranking Member of the Senate Judiciary and on the Kansas Sentencing Commission.
WyCo delegation town hall tonight
KANSAS CITY, KAN. ----- The Wyandotte County Legislative Delegation will be holding its annual Town Hall meeting on Tuesday, January 7th, from 6:30 p.m. – 8:30 p.m. at the South Branch Library, main meeting room located at 3104 Strong Avenue, Kansas City, Kan.
This annual event allows citizens the opportunity to talk to members of the delegation prior to the start of the Legislative session in Topeka which begins on Monday, January 13th. This year’s delegation chair is Representative Stan Frownfelter, who will preside over the Town Hall meeting.
All citizens, businesses and interested parties are invited and encouraged to attend.
For more information, contact Representative Stan Frownfelter at stanfrownfelter@yahoo.com.
This annual event allows citizens the opportunity to talk to members of the delegation prior to the start of the Legislative session in Topeka which begins on Monday, January 13th. This year’s delegation chair is Representative Stan Frownfelter, who will preside over the Town Hall meeting.
All citizens, businesses and interested parties are invited and encouraged to attend.
For more information, contact Representative Stan Frownfelter at stanfrownfelter@yahoo.com.
Closings for Tuesday, January 7
KANSAS CITY, KAN. ----- Here are school closings for January 7
- Bonner Springs will be opening two hours later than usual.
- KCK Public Schools will be off on Tuesday.
Top three ways Supreme Court could avoid school finance showdown
By PETER HANCOCK, The Lawrence Journal-World
LAWRENCE, KAN. ----- One week out from the start of the legislative session, and everyone is still waiting with bated breath for the Kansas Supreme Court to rule in the school finance case.
Which leaves pundits and gadflies little else to do for the time being than to sit around and speculate about what will happen, and then what will happen next.
The conventional wisdom currently takes two forms: a slam-dunk win for the plaintiffs, with an order to increase funding by hundreds of millions of dollars, leading to a constitutional showdown between the court and the Legislature; or a slam-dunk win for the state, overturning the court's previous ruling in Montoy vs. Kansas (2005), and holding that the court has no authority to question the political judgment of the Legislature regarding appropriations.
The latter, of course, seems to be little more than a pipe dream even among conservatives who take that view. Judging by conservative blogs, and the very nature of the latest Kansas Policy Institute public opinion poll, even they are bracing themselves for an adverse decision, and are girding themselves for the constitutional battle to follow.
But let me suggest there are at least three ways the court could conceivably rule that would avoid the whole showdown between the legislative and judicial branches and thereby leave both sides a little disappointed. First, however, a little review about how we got here:
In Montoy, the Court said that for funding to be constitutional, the Legislature must consider two factors: the actual cost of providing an education, including reasonable administrative costs; and the equity with which those funds are distributed. Adequacy and equity.
The equity piece applies not just to the base funding the state gives to school districts, but also to other parts of school budgets that the Legislature has authorized, namely Local Option Budgets, or LOBs, and capital outlay budgets.
Both of those are somewhat discretionary funds, and it's up to each local school board to decide how much it needs. But in property-rich districts like those in Johnson County, it takes a much smaller mill levy to raise any given amount of money than it does in poorer districts. Thus, the Legislature provides "equalization aid" to subsidize those budgets for poorer districts, so that 1 mill of property tax in Galena, or even Kansas City, yields roughly the same amount of revenue as 1 mill in Olathe or Blue Valley .
In the current case, Gannon vs. Kansas, the plaintiffs argued -— and the trial court agreed — that since 2008-2009, the Legislature has walked away from both of those commitments, slashing base state aid without any regard for the actual costs of running schools, and failing to fully fund the equalization formulas. The LOB formula is now only partially funded, and the capital outlay formula has gone completely unfunded for years.
So how can the court untie this knot without bringing down the wrath of a vengeful governor and Legislature? (Think constitutional amendments; changing the way Supreme Court justices are selected; lowering the mandatory retirement age for justices to force a few of them out to pasture; messing with their pension plans ... etc.) Here are some possibilities:
• Dismiss for lack of standing: This was an argument Solicitor General Steve McAllister raised during oral arguments. He said the plaintiffs made a huge procedural mistake by failing to put anything in the record about who the named plaintiffs, Luke Gannon et al., even are, let lone how they individually have been harmed by the alleged constitutional violation. At most, this would be a delay move by the court because it would just force the plaintiffs to refile the case, take a few depositions by those plaintiffs and go through the whole lengthy, and costly, process again, leading in all likelihood to the same result anyway. However, it does seem that if a majority of justices wanted to take that route, they would have done it already. It wouldn't take three months to write that opinion.
• Uphold on equity; punt the rest: The equity issue is really the least defensible for the state. The equalization formulas still exist in statute, suggesting the Legislature still acknowledges they are necessary. It just hasn't funded them, and it really has provided no plausible rationale for that, other than saying it just doesn't want to. If the court acts only on that issue, it would be hard for others to argue that the justices are "legislating from the bench." The Legislature enacted those formulas; the court has previously upheld them as constitutional. According to the Kansas State Department of Education, fully funding the LOB equalization would cost $103.9 million next year. Capital outlay equalization would be in the range of $25 million. That's still a chunk of change, but less than the full package and a little more defensible politically. That would leave only the big-ticket item of base state aid unresolved, to wit:
• Remand for a new cost study: In Montoy, the Court used two different cost studies that the Legislature itself commissioned to come up with a base funding level that lawmakers eventually adopted. That's what led to the statute that is still in place saying base state aid today should be $4,492 per pupil, instead of the $3,838 the state is actually funding.
At the Gannon trial during the summer of 2012, however, the plaintiffs relied on one expert witness to update those cost studies, and it was a witness who wasn't involved in either of the original reports. They also presented school officials from plaintiff districts who testified that costs have gone up and current funding was inadequate, but not by how much. The state, for its part, offered no alternative evidence to suggest that $3,838 is an adequate figure, other than the self-evident fact that schools seem to be getting by with it anyway, so what the heck.
One conceivable middle path out of that problem would be to demand new evidence. Remand the case — either back to the trial court, or to the Legislature itself — and tell both sides to put new, current cost estimates into the record and come up with a new figure that is supported by evidence.
That, in essence, is what the court really did in Montoy, a case that was heard by the Supreme Court, in one form or another, five times before it was finally dismissed in 2006 — and then a sixth time in 2010 when the court refused to reopen it.
LAWRENCE, KAN. ----- One week out from the start of the legislative session, and everyone is still waiting with bated breath for the Kansas Supreme Court to rule in the school finance case.
Which leaves pundits and gadflies little else to do for the time being than to sit around and speculate about what will happen, and then what will happen next.
The conventional wisdom currently takes two forms: a slam-dunk win for the plaintiffs, with an order to increase funding by hundreds of millions of dollars, leading to a constitutional showdown between the court and the Legislature; or a slam-dunk win for the state, overturning the court's previous ruling in Montoy vs. Kansas (2005), and holding that the court has no authority to question the political judgment of the Legislature regarding appropriations.
The latter, of course, seems to be little more than a pipe dream even among conservatives who take that view. Judging by conservative blogs, and the very nature of the latest Kansas Policy Institute public opinion poll, even they are bracing themselves for an adverse decision, and are girding themselves for the constitutional battle to follow.
But let me suggest there are at least three ways the court could conceivably rule that would avoid the whole showdown between the legislative and judicial branches and thereby leave both sides a little disappointed. First, however, a little review about how we got here:
In Montoy, the Court said that for funding to be constitutional, the Legislature must consider two factors: the actual cost of providing an education, including reasonable administrative costs; and the equity with which those funds are distributed. Adequacy and equity.
The equity piece applies not just to the base funding the state gives to school districts, but also to other parts of school budgets that the Legislature has authorized, namely Local Option Budgets, or LOBs, and capital outlay budgets.
Both of those are somewhat discretionary funds, and it's up to each local school board to decide how much it needs. But in property-rich districts like those in Johnson County, it takes a much smaller mill levy to raise any given amount of money than it does in poorer districts. Thus, the Legislature provides "equalization aid" to subsidize those budgets for poorer districts, so that 1 mill of property tax in Galena, or even Kansas City, yields roughly the same amount of revenue as 1 mill in Olathe or Blue Valley .
In the current case, Gannon vs. Kansas, the plaintiffs argued -— and the trial court agreed — that since 2008-2009, the Legislature has walked away from both of those commitments, slashing base state aid without any regard for the actual costs of running schools, and failing to fully fund the equalization formulas. The LOB formula is now only partially funded, and the capital outlay formula has gone completely unfunded for years.
So how can the court untie this knot without bringing down the wrath of a vengeful governor and Legislature? (Think constitutional amendments; changing the way Supreme Court justices are selected; lowering the mandatory retirement age for justices to force a few of them out to pasture; messing with their pension plans ... etc.) Here are some possibilities:
• Dismiss for lack of standing: This was an argument Solicitor General Steve McAllister raised during oral arguments. He said the plaintiffs made a huge procedural mistake by failing to put anything in the record about who the named plaintiffs, Luke Gannon et al., even are, let lone how they individually have been harmed by the alleged constitutional violation. At most, this would be a delay move by the court because it would just force the plaintiffs to refile the case, take a few depositions by those plaintiffs and go through the whole lengthy, and costly, process again, leading in all likelihood to the same result anyway. However, it does seem that if a majority of justices wanted to take that route, they would have done it already. It wouldn't take three months to write that opinion.
• Uphold on equity; punt the rest: The equity issue is really the least defensible for the state. The equalization formulas still exist in statute, suggesting the Legislature still acknowledges they are necessary. It just hasn't funded them, and it really has provided no plausible rationale for that, other than saying it just doesn't want to. If the court acts only on that issue, it would be hard for others to argue that the justices are "legislating from the bench." The Legislature enacted those formulas; the court has previously upheld them as constitutional. According to the Kansas State Department of Education, fully funding the LOB equalization would cost $103.9 million next year. Capital outlay equalization would be in the range of $25 million. That's still a chunk of change, but less than the full package and a little more defensible politically. That would leave only the big-ticket item of base state aid unresolved, to wit:
• Remand for a new cost study: In Montoy, the Court used two different cost studies that the Legislature itself commissioned to come up with a base funding level that lawmakers eventually adopted. That's what led to the statute that is still in place saying base state aid today should be $4,492 per pupil, instead of the $3,838 the state is actually funding.
At the Gannon trial during the summer of 2012, however, the plaintiffs relied on one expert witness to update those cost studies, and it was a witness who wasn't involved in either of the original reports. They also presented school officials from plaintiff districts who testified that costs have gone up and current funding was inadequate, but not by how much. The state, for its part, offered no alternative evidence to suggest that $3,838 is an adequate figure, other than the self-evident fact that schools seem to be getting by with it anyway, so what the heck.
One conceivable middle path out of that problem would be to demand new evidence. Remand the case — either back to the trial court, or to the Legislature itself — and tell both sides to put new, current cost estimates into the record and come up with a new figure that is supported by evidence.
That, in essence, is what the court really did in Montoy, a case that was heard by the Supreme Court, in one form or another, five times before it was finally dismissed in 2006 — and then a sixth time in 2010 when the court refused to reopen it.
Monday, January 6, 2014
KCK man pleads guilty to robbing credit union
KANSAS CITY, KAN. - A Kansas City, Kan., man pleaded guilty today to robbing a credit union, U.S. Attorney Barry Grissom said.
John Noon, 65, Kansas City, Kan., pleaded guilty to one count of armed bank robbery.
In his plea, he admitted that on May 4, 2013, he robbed the Community America Credit Union at 10824 Parallel Parkway in Kansas City, Kan.
At today’s hearing, prosecutors told the judge Noon gave a teller a note demanding money and stating he had a gun he would use. He brandished a firearm before fleeing the bank.
After investigators released video surveillance photos from the robbery, they received tips leading to Noon.
Sentencing will be set for a later date. He faces a maximum penalty of 25 years in federal prison and a fine up to $250,000.
Grissom commended the FBI, the Kansas City, Kan., Police Department, law enforcement officers in St. Joseph, Mo., and Assistant U.S. Attorney Scott Rask for their work on the case.
John Noon, 65, Kansas City, Kan., pleaded guilty to one count of armed bank robbery.
In his plea, he admitted that on May 4, 2013, he robbed the Community America Credit Union at 10824 Parallel Parkway in Kansas City, Kan.
At today’s hearing, prosecutors told the judge Noon gave a teller a note demanding money and stating he had a gun he would use. He brandished a firearm before fleeing the bank.
After investigators released video surveillance photos from the robbery, they received tips leading to Noon.
Sentencing will be set for a later date. He faces a maximum penalty of 25 years in federal prison and a fine up to $250,000.
Grissom commended the FBI, the Kansas City, Kan., Police Department, law enforcement officers in St. Joseph, Mo., and Assistant U.S. Attorney Scott Rask for their work on the case.
AG Schmidt: Record number of concealed carry applications received in 2013
TOPEKA, KAN. – The number of Kansans who applied for concealed carry handgun permits last year exceeded the previous one-year record by 50 percent, Kansas Attorney General Derek Schmidt announced today.
More than 24,000 Kansans applied for concealed carry handgun permits in 2013.
“Record numbers of Kansans are exercising their Second Amendment rights and taking advantage of the Kansas concealed carry law,” Schmidt said. “We’re working hard to provide them top-quality customer service in the permitting process.”
The 24,181 applications received by the Attorney General’s Concealed Carry Licensing Unit during the 2013 calendar year was more than had been received in any previous calendar year since the program began in 2006. The previous record for a calendar year was 15,707 applications received in 2012.
During the month of December, the Attorney General’s Office received 1,036 applications. There were 75,099 active permits as of January 2. The applications are being processed in an average of 30 days.
The concealed carry licensing program was enacted by the Legislature in 2006 over the veto of then-Gov. Kathleen Sebelius. By law, the program is administered by Attorney General Schmidt’s office. More information about the concealed carry licensing program is available at www.ag.ks.gov.
More than 24,000 Kansans applied for concealed carry handgun permits in 2013.
“Record numbers of Kansans are exercising their Second Amendment rights and taking advantage of the Kansas concealed carry law,” Schmidt said. “We’re working hard to provide them top-quality customer service in the permitting process.”
The 24,181 applications received by the Attorney General’s Concealed Carry Licensing Unit during the 2013 calendar year was more than had been received in any previous calendar year since the program began in 2006. The previous record for a calendar year was 15,707 applications received in 2012.
During the month of December, the Attorney General’s Office received 1,036 applications. There were 75,099 active permits as of January 2. The applications are being processed in an average of 30 days.
The concealed carry licensing program was enacted by the Legislature in 2006 over the veto of then-Gov. Kathleen Sebelius. By law, the program is administered by Attorney General Schmidt’s office. More information about the concealed carry licensing program is available at www.ag.ks.gov.
KCKCC women win seventh in a row; men's record road trip at end
By ALAN HOSKINS
KANSAS CITY, KAN. ----- While Kansas City Kansas Community College’s women continue to win, the Blue Devil men’s record road trip is at an end.
The Lady Blue Devils made it seven in a row with a 79-60 win over Cottey College Saturday while the Blue Devil men played their 10th straight game on the road, dropping a 65-54 decision to Nebraska Northeast in the Highland Classic.
Both teams are back in action today, hosting Southeast Nebraska in games at 5 and 7 p.m. It will be the men’s first home game since Nov. 19.
Ranked No. 10 nationally, the KCKCC women ran their record to 14-1 by forcing 11 turnovers and racing to a 17-1 lead in the first eight minutes Saturday. Five Blue Devils scored in double figures and every Blue Devil scored as KCKCC led 31-16 at halftime against a Cottey team they barely edged 79-76 Dec. 10.
Bailey West led with 17 points, seven rebounds and five assists while Janai Mitchell and Cassidy Harbert each had double doubles. It was Mitchell’s first with 14 points and 14 rebounds while Harbert had 11 points and 10 assists. Iland Shurn also had 14 points and six rebounds and Kalah Jiggetts 10 points.
With three players sidelined by injury, the Blue Devil men fell to Cloud County 67-47 Friday and Northeast 65-54 Saturday in the Highland Classic. Anthony Ridley had 14 points and five assists and Clay Young 14 points and six rebounds to lead KCKCC against Cloud.
Northeast boosted its record to 12-5 Saturday by holding KCKCC to 28.6 first half shooting and jumping out to a 35-22 lead.
Stephen Leimbach led KCKCC with 16 points while Ridley added 12 points and eight rebounds and Lucas Smith 11 points, eight rebounds and six assists. The loss dropped KCKCC to 5-9.
KANSAS CITY, KAN. ----- While Kansas City Kansas Community College’s women continue to win, the Blue Devil men’s record road trip is at an end.
The Lady Blue Devils made it seven in a row with a 79-60 win over Cottey College Saturday while the Blue Devil men played their 10th straight game on the road, dropping a 65-54 decision to Nebraska Northeast in the Highland Classic.
Both teams are back in action today, hosting Southeast Nebraska in games at 5 and 7 p.m. It will be the men’s first home game since Nov. 19.
Ranked No. 10 nationally, the KCKCC women ran their record to 14-1 by forcing 11 turnovers and racing to a 17-1 lead in the first eight minutes Saturday. Five Blue Devils scored in double figures and every Blue Devil scored as KCKCC led 31-16 at halftime against a Cottey team they barely edged 79-76 Dec. 10.
Bailey West led with 17 points, seven rebounds and five assists while Janai Mitchell and Cassidy Harbert each had double doubles. It was Mitchell’s first with 14 points and 14 rebounds while Harbert had 11 points and 10 assists. Iland Shurn also had 14 points and six rebounds and Kalah Jiggetts 10 points.
With three players sidelined by injury, the Blue Devil men fell to Cloud County 67-47 Friday and Northeast 65-54 Saturday in the Highland Classic. Anthony Ridley had 14 points and five assists and Clay Young 14 points and six rebounds to lead KCKCC against Cloud.
Northeast boosted its record to 12-5 Saturday by holding KCKCC to 28.6 first half shooting and jumping out to a 35-22 lead.
Stephen Leimbach led KCKCC with 16 points while Ridley added 12 points and eight rebounds and Lucas Smith 11 points, eight rebounds and six assists. The loss dropped KCKCC to 5-9.
KCK Salvation Army to serve as second emergency warming shelter
KANSAS CITY, KAN. – The Salvation Army has opened a second emergency warming shelter in the Kansas City metro area to assist those in need of refuge from the cold.
The Salvation Army Harbor Light Village in Kansas City, Kansas, located at 6723 State Avenue, will accommodate anyone in need of a place to stay through noon on Wednesday. In addition to a warm bed, meals will also be provided.
The Salvation Army in Independence, Missouri, 14700 E. Truman Road, is also offering emergency shelter through at least Tuesday morning. Since Sunday night, five people have sought shelter at the Independence facility.
In addition, five of the Salvation Army’s community centers throughout the metro area are also being activated as warming centers during daytime hours. The locations and times are:
Meanwhile, volunteers with The Salvation Army’s Honk n’ Holler homeless outreach program will be distributing hot food, blankets, coats, socks and gloves to those enduring the extreme cold temperatures this evening. The team will load up an emergency disaster services vehicle with supplies and hit the streets at 5 pm.
For the latest information about The Salvation Army or to make an online donation, go to www.salarmymokan.org.
The Salvation Army Harbor Light Village in Kansas City, Kansas, located at 6723 State Avenue, will accommodate anyone in need of a place to stay through noon on Wednesday. In addition to a warm bed, meals will also be provided.
The Salvation Army in Independence, Missouri, 14700 E. Truman Road, is also offering emergency shelter through at least Tuesday morning. Since Sunday night, five people have sought shelter at the Independence facility.
In addition, five of the Salvation Army’s community centers throughout the metro area are also being activated as warming centers during daytime hours. The locations and times are:
- 6111 East 129th St., Grandview, MO- 8 am - 4 pm
- 6618 East Truman Rd., Kansas City, MO – 8 am- 4:30 pm
- 5306 N. Oak Trafficway, Kansas City, MO – 8 am- 4 pm
- 500 West 39th St., Kansas City, MO – 8 am – 4 pm
- 420 East Santa Fe, Olathe, KS – 8 am – 5:30 pm
Meanwhile, volunteers with The Salvation Army’s Honk n’ Holler homeless outreach program will be distributing hot food, blankets, coats, socks and gloves to those enduring the extreme cold temperatures this evening. The team will load up an emergency disaster services vehicle with supplies and hit the streets at 5 pm.
For the latest information about The Salvation Army or to make an online donation, go to www.salarmymokan.org.
T-Bones re-sign three, add rookie infielder
KANSAS CITY, KAN. – The Kansas City T-Bones have announced the re-signing of infielder Anthony Davis, pitchers Keith Picht and Josh Hildebrand, and the signing of infielder Darrell Hudson.
Davis, a 5-foot-11, 175-pound infielder from Gladstone, Mo., batted .235 in 30 games during his rookie season for the T-Bones in 2013. He had 16 hits, including three against Fargo-Moorhead on Aug. 24 and at least one hit in each of Kansas City’s final three games of the season. Davis completed his collegiate career at Rockhurst University last spring.
Picht, a 6-foot, 200-pound right-handed pitcher from Olathe, Kan., appeared in nine games (17 2/3 innings) during his rookie season for the T-Bones in 2013, and went 0-1 with one save and a 4.58 ERA. He finished his collegiate career at Emporia State last spring.
Hildebrand, a 6-foot-1, 200-pound right-handed pitcher from York, Pa., went 2-3 with a 5.64 ERA in 27 appearances (36 2/3 innings) for the T-Bones in 2013. Hildebrand began his professional career in 2011 with Lake County of the independent North American Baseball League.
Additionally, the T-Bones signed Hudson, a 5-foot-10, 172-pound rookie infielder from Los Angeles. Hudson, who played at Vanguard University, was selected for the California Collegiate League All-Star Game as part of a team that represented Major League Baseball’s Urban Youth Academy in Compton, Calif.
Davis, a 5-foot-11, 175-pound infielder from Gladstone, Mo., batted .235 in 30 games during his rookie season for the T-Bones in 2013. He had 16 hits, including three against Fargo-Moorhead on Aug. 24 and at least one hit in each of Kansas City’s final three games of the season. Davis completed his collegiate career at Rockhurst University last spring.
Picht, a 6-foot, 200-pound right-handed pitcher from Olathe, Kan., appeared in nine games (17 2/3 innings) during his rookie season for the T-Bones in 2013, and went 0-1 with one save and a 4.58 ERA. He finished his collegiate career at Emporia State last spring.
Hildebrand, a 6-foot-1, 200-pound right-handed pitcher from York, Pa., went 2-3 with a 5.64 ERA in 27 appearances (36 2/3 innings) for the T-Bones in 2013. Hildebrand began his professional career in 2011 with Lake County of the independent North American Baseball League.
Additionally, the T-Bones signed Hudson, a 5-foot-10, 172-pound rookie infielder from Los Angeles. Hudson, who played at Vanguard University, was selected for the California Collegiate League All-Star Game as part of a team that represented Major League Baseball’s Urban Youth Academy in Compton, Calif.
Otis Moss Jr. to keynote KCK Martin Luther King celebration
News Release:
KANSAS CITY, KAN. ----- Addressing the theme, “Martin, Mahatma, Mandela; still paying the price for The Dream! – how long?”, the Reverend Doctor Otis Moss, Jr., retired pastor of Olivet Institutional Baptist Church located in Cleveland, Ohio, and co-pastor with Rev. Martin Luther King, Sr., will be the keynote speaker for the 2014 Kansas City, Kansas Martin Luther King Jr. Holiday Celebration at 11 a.m. on Monday, January 20th, 2014, at the Jack Reardon Civic Center located at 5th & Minnesota.
Theologian, pastor and civic leader, the Reverend Dr. Otis Moss, Jr. is one of America’s most influential leaders. He was born in La Grange, GA. He earned his bachelor’s degree from Morehouse College, his master of divinity degree from Morehouse School of Religion/Inter-denominational Theological Center, and his doctor of ministry degree from the United Theological Seminary.
In 2008, Reverend Moss retired from Olivet Institutional Baptist Church located in Cleveland, Ohio following thirty-three years of distinguished service. Prior to this service, he held pastoral positions at the Mount Olive Baptist Church in La Grange, GA, the Providence Baptist Church in Atlanta, GA, the Mount Zion Baptist Church in Lockland, OH and as co-pastor with Rev. Martin Luther King, Sr. at the Ebenezer Baptist Church, Atlanta, GA.
Reverend Moss has been actively involved in advocating for the achievement of education, civil and human rights and social justice issues for all of his adult life. His board memberships have included The Cleveland Museum of Art and the Cleveland Foundation. Dr. Moss served as the Chairman of the Morehouse College Board of Trustees for over ten years. He served as board member and Regional Director of SCLC during Dr. King’s tenure as founding president. He also served as national board member and trustee of the Martin Luther King, Jr. Center for Non-violent Social Change.
His work in the international community has taken him to Hong Kong, Brazil, Taiwan, Japan, West Africa, South Africa Israel, India and Switzerland. He served as an advisor to former President Carter at Camp David and in 1994 he was the special guest of former president Clinton at the Peace Treaty signing between Israel and Jordan. He formally served on President Obama’s White House Office of Faith-Based and Neighborhood Partnership Council. In 2009, he co-lectured with Rajmohan Gandhi, the Grandson of Mahatma Gandhi, during a multi-city tour of India illuminating the work of Dr. Martin Luther King, Jr. and Mahatma Gandhi..
Reverend Moss is the recipient of numerous awards, including the Role Model of the Year Award from the National Institute for Responsible Fatherhood and Family Development in 1992 and the Leadership Award from the Cleveland chapter of the American Jewish Committee in 1996. He was inducted into the 2007 Class of the International Civil Rights Walk of Fame. In 2004, Dr. Moss was bestowed the unique honor of the Lyman Beecher Lectureship on Preaching, Yale University. He was twice named by Ebony Magazine as one of America’s Greatest Black Preachers. In 2012 he was inducted into the Ohio Civil Rights Hall of Fame. He also holds six honorary degrees from colleges and universities in Ohio, Georgia, and Arkansas. Morehouse College recently named their newest dormitory suites in honor of Dr. Moss. In 2012 he was inducted into the Ohio Civil Rights Hall of Fame.
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His service to Ohio and the United States has been recognized by Governors of Ohio, the Ohio House of Representatives, Ebony Magazine, the Cleveland Press, the Call and Post, the Cleveland Plain Dealer, the Black Professional Association of Cleveland, the American Red Cross of Greater Cleveland, Project Love: Remember the Children Foundation, The Cleveland Jewish Committee and Alpha Kappa Alpha Sorority, Inc. Alpha Phi Alpha, the Prince Hall Masons, Shriners and Rainbow/Push to name a few.
Dr. Moss is a life member of the National Association for the Advancement of Colored People (NAACP), Alpha Phi Alpha Fraternity, Inc., and Sigma Pi Phi Fraternity, to name a few. He has appeared on the Oprah Winfrey show to discuss Current Trends in Religion. In 1997, in conjunction with University Hospitals Health System and Olivet Institutional Baptist Church, Dr. Moss provided the vision to establish the Otis Moss, Jr.-University Hospitals Health Center that offers a wide range of medical services to the greater Cleveland community.
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Reverend Moss is married to Mrs. Edwina Hudson Moss and is the Father of Kevin Moss, Daphne Moss (deceased) and Otis Moss, III. Together they are the proud grandparents of five grandchildren and one great-granddaughter.
The King Holiday Mass Celebration and Motorcade/March for Hunger will be held on the actual holiday, Monday, January 20th, 2014. The Motorcade will start assembling at 9:00 a.m. and will depart promptly at 10:00 a.m. from the Mt. Zion Baptist Church, 5th & Richmond. It will take a select route through the community and will arrive at the Jack Reardon Civic Center, 5th & Minnesota, in time for the Mass Celebration. The Mass Celebration will start at 11:00 a.m. with selections from the MLK Mass Choir under the direction of Alicia Saunders. Praise dancing featuring the Forrest Grove Baptist Church praise dancers will be presented along with the Men of Worship from the Greater Pentecostal Temple.
The Celebration will include youth highlights from Kiddie Kollege Nursery School and Kindergarten and over $30,000 in scholarships will be awarded to graduating high school seniors through the Rev. C.E. Taylor/MLK, Jr. Educational Awards Program. The youth program will feature local youth talent from schools in the Kansas City, Kansas school system.
The annual scholarship award winners will be announced and students will be on hand to receive their educational scholarship awards. Special accommodations will be made for the physically challenged and the hearing impaired. A sign language interpreter will also be on hand.
There will be a voter registration booth set up with official registrars in attendance to conduct on-the-spot registrations for persons not registered to vote and the Kansas City, Kansas Fire Department will have special health screening and training available.
This year's celebration is sponsored by: Sprint, The Greater Kansas City Community Foundation, Happy Food Stores–Happy Foods North, Board of Public Utilities, Unified Government of Wyandotte County/Kansas City, Kansas, Construction and General Laborers AFL-CIO #1290, Hilton Garden Inn, Archdiocese of Kansas City in Kansas, the Raphael Hotel Group, Mark One Electric Co., Inc., Landmark Mortgage Co - Americo., PRIME Health Care Services – Providence Hospital, The Community Foundation of Wyandotte County, J.E. Dunn Construction Co. and Dunn Family Foundation, Kansas City Kansas Chamber of Commerce and the McAnany, VanCleve and Phillips Law Firm.
Kaw Valley District Ushers, Prince Hall Masons, F & AM and PRIDE will assist in seating and management.
For additional information, contact: LaVert Murray, General Coordinator at (913) 433-6955 or (913) 334-2355; or Rev. Tony Carter, General Program Chairman at (913) 342-0306 or (913) 515-4354.
School closings for Monday, January 6
KANSAS CITY, KAN. ----- Below are the closings announced:
- KCK Public Schools
- Piper School District
- All Catholic schools are off Monday
- Quest Community Learning Center
- Both Turner and Bonner Springs already had school off before the storm hit, so no school for students in both districts.
Sunday, January 5, 2014
Spaghetti dinner to benefit Sisters, Servants of Mary on Sunday, Feb. 2
KANSAS CITY, KAN. ----- A spaghetti dinner to benefit the Sisters, Servants of Mary is scheduled on Sunday, Feb.2 from 11 a.m. to 4 p.m., at St. Patrick’s Parish Center, 94th and State Avenue, Kansas City, Kan. Donations are $8.00 for adults and $3.00 for children.
The meal will include Italian sausage and spaghetti, salad, bread, dessert and beverage. Carryout meals are available for Super Bowl Sunday. The event will also feature a variety booth.
The Sisters, Servants of Mary are a group of women religious with a nursing ministry. They provide in-home nursing care, free of charge, throughout the Greater Kansas City Metropolitan Area for persons who are critically ill or dying.
They live solely off the donations of their friends and benefactors and fund-raising efforts like the spaghetti dinner.
Tickets can be purchased in advance or at the door. For more information, call 913-371-3423.
The meal will include Italian sausage and spaghetti, salad, bread, dessert and beverage. Carryout meals are available for Super Bowl Sunday. The event will also feature a variety booth.
The Sisters, Servants of Mary are a group of women religious with a nursing ministry. They provide in-home nursing care, free of charge, throughout the Greater Kansas City Metropolitan Area for persons who are critically ill or dying.
They live solely off the donations of their friends and benefactors and fund-raising efforts like the spaghetti dinner.
Tickets can be purchased in advance or at the door. For more information, call 913-371-3423.
Saturday, January 4, 2014
Three defendants convicted in $28.5 million drug conspiracy
KANSAS CITY, KAN. - A federal jury has returned guilty verdicts against three men convicted for their roles in a $28 million drug trafficking conspiracy, U.S. Attorney Barry Grissom said today.
Marvin Lee Ellis, 36, Kansas City, Kan., was convicted Friday on one count of conspiracy to distribute crack cocaine, three counts of distributing crack cocaine, one count of possession with intent to distribute crack cocaine, one count of maintaining a residence in furtherance of drug trafficking at 921 Haskell in Kansas City, Kan., one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of unlawful possession of a firearm after a felony conviction.
Robert Vasquez, 40, Socorro, Texas, was convicted Friday on one count of conspiracy to commit money laundering and one count of money laundering.
Vernon Brown, 36, Kansas City, Kan., was convicted Friday on one count of conspiracy to possess with intent to distribute cocaine and crack cocaine.
A fourth defendant, Kyle Stephen, was acquitted.
During trial, prosecutors presented evidence that the defendants were part of a drug trafficking organization that in October 2010 became the target of an investigation by the Drug Enforcement Administration. Investigators worked to identify both suppliers and customers of co-defendant Djuane Sykes.
The investigation yielded the seizure and forfeiture of more than $2 million in cash, 194 firearms, 29 vehicles, 26 kilograms of cocaine and three kilograms of crack.
Prosecutors presented evidence that the traffickers employed a group of couriers who would transport cocaine and marijuana from Mexico to Kansas City, and U.S. currency from the Kansas City area south to be smuggled into Mexico. Robert Vazquez was one of those couriers.
On Jan. 13, 2012, investigators were watching when Vasquez met other conspirators at the Swift commercial trucking center in Edwardsville, Kan., and placed a bag inside his semitrailer truck. Investigators followed him to the area of Pratt, Kan., where the Kansas Highway Patrol stopped him and seized a black duffel bag containing $549,495 in U.S. currency.
During trial, prosecutors also presented evidence that members of the Kansas City, Kan., Police Department’s narcotics unit working undercover were able to buy crack cocaine several times in February and March 2012 from Marvin Ellis at 921 Haskell and at other locations in Kansas City, Kan.
In addition, prosecutors presented evidence that Vernon Brown purchased quantities of crack cocaine from Sykes for several years and he sold it to individuals who came to the 2200 block of Russell to purchase drugs.
Ellis, Vasquez and Brown will be set for sentencing at a later date. They face the following potential penalties:
Marvin Lee Ellis, 36, Kansas City, Kan., was convicted Friday on one count of conspiracy to distribute crack cocaine, three counts of distributing crack cocaine, one count of possession with intent to distribute crack cocaine, one count of maintaining a residence in furtherance of drug trafficking at 921 Haskell in Kansas City, Kan., one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of unlawful possession of a firearm after a felony conviction.
Robert Vasquez, 40, Socorro, Texas, was convicted Friday on one count of conspiracy to commit money laundering and one count of money laundering.
Vernon Brown, 36, Kansas City, Kan., was convicted Friday on one count of conspiracy to possess with intent to distribute cocaine and crack cocaine.
A fourth defendant, Kyle Stephen, was acquitted.
During trial, prosecutors presented evidence that the defendants were part of a drug trafficking organization that in October 2010 became the target of an investigation by the Drug Enforcement Administration. Investigators worked to identify both suppliers and customers of co-defendant Djuane Sykes.
The investigation yielded the seizure and forfeiture of more than $2 million in cash, 194 firearms, 29 vehicles, 26 kilograms of cocaine and three kilograms of crack.
Prosecutors presented evidence that the traffickers employed a group of couriers who would transport cocaine and marijuana from Mexico to Kansas City, and U.S. currency from the Kansas City area south to be smuggled into Mexico. Robert Vazquez was one of those couriers.
On Jan. 13, 2012, investigators were watching when Vasquez met other conspirators at the Swift commercial trucking center in Edwardsville, Kan., and placed a bag inside his semitrailer truck. Investigators followed him to the area of Pratt, Kan., where the Kansas Highway Patrol stopped him and seized a black duffel bag containing $549,495 in U.S. currency.
During trial, prosecutors also presented evidence that members of the Kansas City, Kan., Police Department’s narcotics unit working undercover were able to buy crack cocaine several times in February and March 2012 from Marvin Ellis at 921 Haskell and at other locations in Kansas City, Kan.
In addition, prosecutors presented evidence that Vernon Brown purchased quantities of crack cocaine from Sykes for several years and he sold it to individuals who came to the 2200 block of Russell to purchase drugs.
Ellis, Vasquez and Brown will be set for sentencing at a later date. They face the following potential penalties:
- Conspiracy to distribute crack cocaine: Not less than 10 years and not more than life and a fine up to $10 million.
- Distributing crack cocaine: A maximum penalty of 20 years and a fine up to $1 million.
- Maintaining a drug involved residence: A maximum penalty of 20 years and a fine up to $1 million.
- Conspiracy to commit money laundering and money laundering: A maximum penalty of 10 years and a fine up to $250,000.
- Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.
- Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Friday, January 3, 2014
Crabtree nominated for U.S. District Court
KANSAS CITY, KAN. ----- U.S. Senator Jerry Moran (R-Kan.) recently introduced Mr. Daniel Crabtree of Kansas City, Kan., during a U.S. Senate Judiciary Hearing.
Crabtree is the nominee to the United States District Court for the District of Kansas.
“Providing advice and consent of Presidential nominees is one of the most important roles of the United States Senate and a responsibility I take seriously,” Sen. Moran said. “Mr. Crabtree is a distinguished litigator with extensive experience in federal and state courts, and I will support his confirmation.”
If approved by the Senate Judiciary Committee and passed by the full Senate, Crabtree will join the United States District Court for the District of Kansas with a lifetime appointment.
The U.S. District Court for the District of Kansas is a federal trial court that processes civil and criminal cases that come under federal jurisdiction.
The District of Kansas covers the entire state of Kansas.
Five Sporting Kansas City players named to United States Men's National Team roster
SportingKC.com
KANSAS CITY, KAN. ----- Five Sporting Kansas City players were named to the U.S. Men's National Team roster on Friday for a training camp that begins Jan. 6, the United States Soccer Federation announced.
Defenders Chance Myers and Seth Sinovic will join the U.S. Men's National Team for the first time alongside fellow Sporting Kansas City teammates Matt Besler, Benny Feilhaber and Graham Zusi.
"This is a great and deserving honor," Sporting KC Manager Peter Vermes said. "These players earned this opportunity through hard work and dedication. It is not only a testament to their individual success, but the success that Sporting Kansas City has had as a team. It's great to see our club and players be rewarded with these selections."
Among the 26 players selected by head coach Jurgen Klinsmann for the annual January Camp, Sporting Kansas City's five representatives are the most from any club following the team's MLS Cup championship season.
The squad will open camp in Carson, Calif. from Jan. 6-12 before departing for Sao Paulo, Brazil to continue training from Jan. 13-25 in the 2014 FIFA World Cup host country. Klinsmann is expected to take 23 of the 26 players in camp to Brazil, while the remaining players continue to train in the United States.
The full team then returns to Carson, Calif. ahead of their first match of 2014 against fellow FIFA World Cup finalist Korea Republic at 4 p.m. CT on Feb. 1 at StubHub Center in Carson, Calif. The international friendly will be shown live on ESPN2, WatchESPN and UniMas in the United States.
"We are all very excited for this camp because, as a team, it will give us our first taste of Brazil," said Klinsmann. "This is a very important camp in our preparations for the World Cup. It's important for the players to continue developing their bond and sense of urgency for the tournament. It's important for us to see how they do in Brazil, how the new players fit with the group and to make sure everyone is focused on reaching the highest level for next summer."
Besler, 26, debuted wi th the U.S. Men's National Team one year ago for the first of 12 international appearances, including six FIFA World Cup qualifiers and all three knockout round games en route to the 2013 CONCACAF Gold Cup championship. The U.S. was 8-1-2 on the year with Besler in the starting lineup.
Major League Soccer's Defender of the Year in 2012 and runner-up for the award this past season, the Overland Park, Kan. native earned his second straight MLS All-Star and MLS Best XI selections in 2013. Besler has appeared in 126 MLS matches (including postseason) with two goals and six assists since being drafted in the first round of the 2009 MLS SuperDraft out of Notre Dame.
Feilhaber, 28, will participate in the U.S. Men's National Team January Camp for the third straight year and a fourth time in his career. The Brazil native has earned 40 caps for the United States, debuting in 2007 and playing at the highest levels with appearances in the CONCACAF Gold Cup, CONMEBOL Copa America, Summer Olympics, FIFA Confederations Cup and FIFA World Cup.
In three MLS seasons, Feilhaber has eight goals and 15 assists in 83 games played (including playoffs). The UCLA walk on began his professional career with contracts in Germany's Bundesliga, the English Premier League and the Danish SuperLiga before signing with the New England Revolution in 2011 and coming to Kansas City through a trade prior to the 2013 season.
Myers , 26, receives his first invitation to the full national team after previously playing for the U.S. Under-18, Under-20 and Under-23 youth national teams, including a trip to Brazil for the 2007 Pan American Games. Drafted with the first overall pick in the 2008 MLS SuperDraft out of UCLA as a Generation adidas signing, Myers has appeared in 126 MLS matches (including postseason) for Sporting KC with two goals and 13 assists in six seasons.
Sinovic , 26, joins the U.S. Men's National Team for the first time at any level in his playing career. The Leawood, Kan. native and Rockhurst High School alum was rated the No. 1 left back in MLS by Soccer America after leading all Sporting KC players with 3,733 minutes played in all competition and starting 41 of his 42 appearances in 2013.
Sinovic walked on at Creighton University and became a team captain for the Blue Jays in 2008 and 2009 before being drafted by the New England Revolution in the 2010 MLS SuperDraft. Sinovic was then signed by Sporting Kansas City in May 2011 and has made 112 MLS appearances (including postseason) with two goals and five assists.
Zusi, 27, has become a key contributor on the U.S. Men's National Team with 18 international appearances, highlighted by a role in 12 of the United States' last 13 FIFA World Cup qualifiers. He has tallied three goals and two assists for the U.S. MNT, including goals in each of the last two FIFA World Cup qualifiers.
An MLS MVP finalist in 2012 and nominee for Best MLS Player at the 2013 ESPYS, Zusi recorded a career-high six goals and a team-best 12 assists in all competition in 2013 and was the top-rated midfielder in the MLS Castrol Index. Zusi has 17 goals and 36 assists in 133 career MLS matches (including playoffs) over five seasons since being selected in the 2009 MLS SuperDraft out of Maryland.
Sporting Kansas City will kick off the 2014 Major League Soccer season at the Seattle Sounders FC on March 8. The team reports to Kansas City on Jan. 20 for pre-season preparations and will travel to Tucson, Ariz. (Jan. 23. - Feb. 8) and Orlando, Fla. (Feb. 13 - March 2) during the pre-season.
KANSAS CITY, KAN. ----- Five Sporting Kansas City players were named to the U.S. Men's National Team roster on Friday for a training camp that begins Jan. 6, the United States Soccer Federation announced.
"This is a great and deserving honor," Sporting KC Manager Peter Vermes said. "These players earned this opportunity through hard work and dedication. It is not only a testament to their individual success, but the success that Sporting Kansas City has had as a team. It's great to see our club and players be rewarded with these selections."
Among the 26 players selected by head coach Jurgen Klinsmann for the annual January Camp, Sporting Kansas City's five representatives are the most from any club following the team's MLS Cup championship season.
The squad will open camp in Carson, Calif. from Jan. 6-12 before departing for Sao Paulo, Brazil to continue training from Jan. 13-25 in the 2014 FIFA World Cup host country. Klinsmann is expected to take 23 of the 26 players in camp to Brazil, while the remaining players continue to train in the United States.
The full team then returns to Carson, Calif. ahead of their first match of 2014 against fellow FIFA World Cup finalist Korea Republic at 4 p.m. CT on Feb. 1 at StubHub Center in Carson, Calif. The international friendly will be shown live on ESPN2, WatchESPN and UniMas in the United States.
"We are all very excited for this camp because, as a team, it will give us our first taste of Brazil," said Klinsmann. "This is a very important camp in our preparations for the World Cup. It's important for the players to continue developing their bond and sense of urgency for the tournament. It's important for us to see how they do in Brazil, how the new players fit with the group and to make sure everyone is focused on reaching the highest level for next summer."
Besler, 26, debuted wi th the U.S. Men's National Team one year ago for the first of 12 international appearances, including six FIFA World Cup qualifiers and all three knockout round games en route to the 2013 CONCACAF Gold Cup championship. The U.S. was 8-1-2 on the year with Besler in the starting lineup.
Major League Soccer's Defender of the Year in 2012 and runner-up for the award this past season, the Overland Park, Kan. native earned his second straight MLS All-Star and MLS Best XI selections in 2013. Besler has appeared in 126 MLS matches (including postseason) with two goals and six assists since being drafted in the first round of the 2009 MLS SuperDraft out of Notre Dame.
Feilhaber, 28, will participate in the U.S. Men's National Team January Camp for the third straight year and a fourth time in his career. The Brazil native has earned 40 caps for the United States, debuting in 2007 and playing at the highest levels with appearances in the CONCACAF Gold Cup, CONMEBOL Copa America, Summer Olympics, FIFA Confederations Cup and FIFA World Cup.
In three MLS seasons, Feilhaber has eight goals and 15 assists in 83 games played (including playoffs). The UCLA walk on began his professional career with contracts in Germany's Bundesliga, the English Premier League and the Danish SuperLiga before signing with the New England Revolution in 2011 and coming to Kansas City through a trade prior to the 2013 season.
Myers , 26, receives his first invitation to the full national team after previously playing for the U.S. Under-18, Under-20 and Under-23 youth national teams, including a trip to Brazil for the 2007 Pan American Games. Drafted with the first overall pick in the 2008 MLS SuperDraft out of UCLA as a Generation adidas signing, Myers has appeared in 126 MLS matches (including postseason) for Sporting KC with two goals and 13 assists in six seasons.
Sinovic , 26, joins the U.S. Men's National Team for the first time at any level in his playing career. The Leawood, Kan. native and Rockhurst High School alum was rated the No. 1 left back in MLS by Soccer America after leading all Sporting KC players with 3,733 minutes played in all competition and starting 41 of his 42 appearances in 2013.
Sinovic walked on at Creighton University and became a team captain for the Blue Jays in 2008 and 2009 before being drafted by the New England Revolution in the 2010 MLS SuperDraft. Sinovic was then signed by Sporting Kansas City in May 2011 and has made 112 MLS appearances (including postseason) with two goals and five assists.
Zusi, 27, has become a key contributor on the U.S. Men's National Team with 18 international appearances, highlighted by a role in 12 of the United States' last 13 FIFA World Cup qualifiers. He has tallied three goals and two assists for the U.S. MNT, including goals in each of the last two FIFA World Cup qualifiers.
An MLS MVP finalist in 2012 and nominee for Best MLS Player at the 2013 ESPYS, Zusi recorded a career-high six goals and a team-best 12 assists in all competition in 2013 and was the top-rated midfielder in the MLS Castrol Index. Zusi has 17 goals and 36 assists in 133 career MLS matches (including playoffs) over five seasons since being selected in the 2009 MLS SuperDraft out of Maryland.
Sporting Kansas City will kick off the 2014 Major League Soccer season at the Seattle Sounders FC on March 8. The team reports to Kansas City on Jan. 20 for pre-season preparations and will travel to Tucson, Ariz. (Jan. 23. - Feb. 8) and Orlando, Fla. (Feb. 13 - March 2) during the pre-season.
Fatalities on Kansas’ roads hit all-time low in 2013
KANSAS CITY, KAN. ----- In the past year there were fewer deaths on Kansas roads that in any other year since the Kansas Department of Transportation began keeping records. In 2013, according to preliminary, unofficial reports there were 344 fatalities, compared to 405 in 2012.
“One fatality is one too many and we are going to work hard to have this number decrease in 2014,” said Kansas Secretary of Transportation Mike King. “In Kansas, we strongly emphasize safety in the engineering of our highways and that’s an important component to keeping travelers safe.”
The previous low was 385 fatalities in 2008— the high was in 1969 when 780 people died. KDOT started keeping records in 1947.
“Strategic investment in infrastructure, improvement in our seat belt rate, committed law enforcement and emergency responders, good laws and safer vehicles have all played into this dramatic reduction in fatalities,” said Steven Buckley, KDOT Safety Engineer. “While KDOT is committed to improving our roadway system, we still must rely on drivers to do their part by eliminating distractions, never driving drunk and wearing a seat belt, every trip, every time.
“We are encouraged by this record-setting year, but that is no consolation for the family and friends of the 344 persons lost in traffic crashes,” Buckley said. “The challenge to engineers, law enforcement, emergency responders, advocates, and especially drivers for 2014 is to continue the downward trend.”
“One fatality is one too many and we are going to work hard to have this number decrease in 2014,” said Kansas Secretary of Transportation Mike King. “In Kansas, we strongly emphasize safety in the engineering of our highways and that’s an important component to keeping travelers safe.”
The previous low was 385 fatalities in 2008— the high was in 1969 when 780 people died. KDOT started keeping records in 1947.
“Strategic investment in infrastructure, improvement in our seat belt rate, committed law enforcement and emergency responders, good laws and safer vehicles have all played into this dramatic reduction in fatalities,” said Steven Buckley, KDOT Safety Engineer. “While KDOT is committed to improving our roadway system, we still must rely on drivers to do their part by eliminating distractions, never driving drunk and wearing a seat belt, every trip, every time.
“We are encouraged by this record-setting year, but that is no consolation for the family and friends of the 344 persons lost in traffic crashes,” Buckley said. “The challenge to engineers, law enforcement, emergency responders, advocates, and especially drivers for 2014 is to continue the downward trend.”
Thursday, January 2, 2014
Man arrested on bus charged in KCK bank robbery
KANSAS CITY, KAN. - A man who was arrested on a bus has been charged with robbing a bank in Kansas City, Kan., U.S. Attorney Barry Grissom said today.
Jamarr R. Dale, 29, Kansas City, Kan., was charged Monday in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit filed in support of the complaint alleges that on Jan. 2, 2014, Dale robbed Security Bank at 10840 Parallel Parkway in Kanas City, Kan.
He walked into the bank and gave a teller a note saying, “I need $3,000 or I will start shooting.” The teller emptied a drawer of cash and gave him the money, which he stuffed in his coat pocket before running out the front door of the bank.
Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.
If convicted, Dale faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Jamarr R. Dale, 29, Kansas City, Kan., was charged Monday in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit filed in support of the complaint alleges that on Jan. 2, 2014, Dale robbed Security Bank at 10840 Parallel Parkway in Kanas City, Kan.
He walked into the bank and gave a teller a note saying, “I need $3,000 or I will start shooting.” The teller emptied a drawer of cash and gave him the money, which he stuffed in his coat pocket before running out the front door of the bank.
Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.
If convicted, Dale faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
CHWC to host Friday Morning Coffee
KANSAS CITY, KAN. ----- CHWC will be hosting its first Friday Morning Coffee of 2014.
Check below for more information:
State legislator wants review of federal mandates
By SCOTT ROTHSCHILD, The Lawrence Journal-World
TOPEKA, KAN. — A legislator has requested a review to determine what demands are being made by the federal government on the state government of Kansas.
"Given the U.S. Supreme Court decision about Medicaid expansion, it would be wise for us to take a look at other areas where federal money is being used in a coercive way that does not benefit the state's citizens," state Sen. Mary Pilcher-Cook, R-Shawnee, said.
While the U.S. Supreme Court upheld the Affordable Care Act's requirement that most people have health insurance, it also ruled that the expansion of Medicaid was optional for states.
The court said Congress may offer grants to states and require states to comply with certain conditions but it also said the federal government couldn't threaten the loss of other funds to force action. In the case of Medicaid, the court ruled that the ACA unconstitutionally threatened noncompliant states with the loss of all Medicaid funding.
Pilcher-Cook has asked a legislative committee to order an audit of federal programs that put additional obligations on the state.
State Sen. Laura Kelly, D-Topeka, and a member of the Legislative Post-Audit Committee, criticized the request.
"It does seem like a fishing expedition," she said.
She said Pilcher-Cook, a longtime critic of the ACA, "wanted to keep the anti-government drumbeat going."
Pilcher-Cook was not at the meeting. Her proposal was presented by a state auditor. In an email, she did not respond to Kelly's comments.
The committee took no action on Pilcher-Cook's request earlier this week because it did not have enough members attending to conduct official business. But it meets again Jan. 15 and could reconsider the request then.
TOPEKA, KAN. — A legislator has requested a review to determine what demands are being made by the federal government on the state government of Kansas.
"Given the U.S. Supreme Court decision about Medicaid expansion, it would be wise for us to take a look at other areas where federal money is being used in a coercive way that does not benefit the state's citizens," state Sen. Mary Pilcher-Cook, R-Shawnee, said.
While the U.S. Supreme Court upheld the Affordable Care Act's requirement that most people have health insurance, it also ruled that the expansion of Medicaid was optional for states.
The court said Congress may offer grants to states and require states to comply with certain conditions but it also said the federal government couldn't threaten the loss of other funds to force action. In the case of Medicaid, the court ruled that the ACA unconstitutionally threatened noncompliant states with the loss of all Medicaid funding.
Pilcher-Cook has asked a legislative committee to order an audit of federal programs that put additional obligations on the state.
State Sen. Laura Kelly, D-Topeka, and a member of the Legislative Post-Audit Committee, criticized the request.
"It does seem like a fishing expedition," she said.
She said Pilcher-Cook, a longtime critic of the ACA, "wanted to keep the anti-government drumbeat going."
Pilcher-Cook was not at the meeting. Her proposal was presented by a state auditor. In an email, she did not respond to Kelly's comments.
The committee took no action on Pilcher-Cook's request earlier this week because it did not have enough members attending to conduct official business. But it meets again Jan. 15 and could reconsider the request then.
One-to-two inches of snow reported in Wyandotte County
KANSAS CITY, KAN. ---- According to the National Weather Service, between one to two inches of snow fell in Wyandotte County on New Year's Day.
Now that the snow is gone, Kansas City will have to worry about low temperatures.
The high temperature for Thursday is only expected to hit 13 degrees, with a low of 1 degree.
Temperatures will "warm" back up by Friday, as 32 degrees is the reported high.
The National Weather Service also expects another snowstorm to hit the area this weekend. Specific forecasts numbers are unknown at this point.
Wednesday, January 1, 2014
Turner Recreation Commission to host blood drive Saturday
KANSAS CITY, KAN. ---- The 3rd Annual Blood Drive in Memory of Jessica Gentry will be held this weekend at the Turner Recreation Commission.
The blood drive begins at 9 a.m. this Saturday, Jan. 4 and will conclude at around 1 p.m.
For more information about the event, check out its Facebook page here.
The blood drive begins at 9 a.m. this Saturday, Jan. 4 and will conclude at around 1 p.m.
For more information about the event, check out its Facebook page here.
Winter Weather Advisory issued for Wyandotte County
KANSAS CITY, KAN. ---- Just as the snow completely melts off from an earlier winter storm, Old Man Winter could soon be making another appearance in Wyandotte County.
The National Weather Service has issued a Winter Weather Advisory for Kansas City. The advisory lasts from Wednesday afternoon to Thursday morning.
More information from the National Weather Service:
The National Weather Service has issued a Winter Weather Advisory for Kansas City. The advisory lasts from Wednesday afternoon to Thursday morning.
More information from the National Weather Service:
* TIMING...LIGHT SNOW IS EXPECTED TO START FALLING BY 3 PM OR SHORTLY THEREAFTER ON WEDNESDAY. THE HEAVIEST SNOW WILL LIKELY FALL BETWEEN 4 PM AND MIDNIGHT WEDNESDAY NIGHT. BY 6 AM THURSDAY MORNING EXPECT WIDESPREAD SNOW TO COME TO AN END.
* SNOW ACCUMULATIONS...WIDESPREAD 2 TO 4 INCHES
* IMPACTS... WINDS WILL BE OUT OF THE NORTH AT 15 MPH GUSTING UP TO 30 MPH THROUGH THE DAY. THIS WILL CAUSE VISIBILITY ISSUES AS WELL AS DRIFTING OF SNOW.
* TEMPERATURES...OVERNIGHT LOWS ON WEDNESDAY NIGHT INTO THURSDAY MORNING WILL BE IN THE SINGLE DIGITS. NORTH WINDS BETWEEN 5 AND 15 MPH WILL CAUSE WIND CHILL VALUES ON THURSDAY MORNING TO BE BETWEEN 5 AND 15 DEGREES BELOW ZERO.
Same-sex married couples file lawsuit against state over tax treatment
By SCOTT ROTHSCHILD, The Lawrence Journal-World
TOPEKA, KAN. — Two legally married same-sex couples, including one in Lawrence, have filed a lawsuit against the Kansas Department of Revenue, which won’t allow them to file as married on their state taxes.
“My clients are asking the court to order the Department of Revenue to follow the law,” said David J. Brown, the Lawrence attorney who filed the lawsuit in state district court in Shawnee County. The Revenue Department says it is following the law.
Following a U.S. Supreme Court ruling earlier this year, the Internal Revenue Service announced that it will recognize all legally performed marriages for federal tax purposes even if the taxpayers live in a state, such as Kansas, where their marriages aren’t recognized.
Under the IRS rules, all legally married same-sex couples must file tax returns as “married.”
But because of the constitutional ban against same-sex marriage in Kansas, the state Revenue Department has established regulations requiring same-sex couples to file as single persons and say they are not married.
In implementing the regulations, the plaintiffs say that the state failed to follow statutory requirements for adopting the new rules. And they say that if they can’t use their “married” status they believe they would be filing a fraudulent tax return and be committing a felony. It also puts them in a position of having a “second-tier” marriage, which is demeaning, they argue.
In addition, the state agency is requiring same-sex couples who file as married for federal tax purposes to complete separate worksheets and file separate Kansas returns using the filing status of single, or head of household. This will require additional accounting expenses that opposite-sex married couples will not have to pay, they say.
Ultimately, the plaintiffs say, the Revenue Department rules are denying the state additional taxes that they would have to pay as married persons.
The lawsuit seeks a court order requiring the Revenue Department to allow the couples to file joint income tax returns as married.
The plaintiffs in the case are Roberta and Julia Woodrick of Lawrence, and Michael Nelson and Charles Dedmon of Alma. Both couples were legally married in California. Eighteen states and the District of Columbia permit gay marriage.
In June, the U.S. Supreme Court ruled that legal marriages of same-sex couples must be recognized by the federal government, including couples who live in states that ban gay marriage.
But the decision left it up to states on how to treat same-sex couples on state taxes.
The state Revenue Department said the approach it has put in place is recommended by the Federation of Tax Administrators, adheres to the Kansas Constitution’s definition of marriage as being between one man and one woman, and complies with the Supreme Court’s decision.
Thomas Witt, executive director of Equality Kansas, said the state regulations unfairly treated same-sex couples differently.
“By requiring legally married same-sex couples to file additional tax forms and say they are not married on those tax forms, Kansas is penalizing and stigmatizing gay and lesbian Kansans,” Witt said.
TOPEKA, KAN. — Two legally married same-sex couples, including one in Lawrence, have filed a lawsuit against the Kansas Department of Revenue, which won’t allow them to file as married on their state taxes.
“My clients are asking the court to order the Department of Revenue to follow the law,” said David J. Brown, the Lawrence attorney who filed the lawsuit in state district court in Shawnee County. The Revenue Department says it is following the law.
Following a U.S. Supreme Court ruling earlier this year, the Internal Revenue Service announced that it will recognize all legally performed marriages for federal tax purposes even if the taxpayers live in a state, such as Kansas, where their marriages aren’t recognized.
Under the IRS rules, all legally married same-sex couples must file tax returns as “married.”
But because of the constitutional ban against same-sex marriage in Kansas, the state Revenue Department has established regulations requiring same-sex couples to file as single persons and say they are not married.
In implementing the regulations, the plaintiffs say that the state failed to follow statutory requirements for adopting the new rules. And they say that if they can’t use their “married” status they believe they would be filing a fraudulent tax return and be committing a felony. It also puts them in a position of having a “second-tier” marriage, which is demeaning, they argue.
In addition, the state agency is requiring same-sex couples who file as married for federal tax purposes to complete separate worksheets and file separate Kansas returns using the filing status of single, or head of household. This will require additional accounting expenses that opposite-sex married couples will not have to pay, they say.
Ultimately, the plaintiffs say, the Revenue Department rules are denying the state additional taxes that they would have to pay as married persons.
The lawsuit seeks a court order requiring the Revenue Department to allow the couples to file joint income tax returns as married.
The plaintiffs in the case are Roberta and Julia Woodrick of Lawrence, and Michael Nelson and Charles Dedmon of Alma. Both couples were legally married in California. Eighteen states and the District of Columbia permit gay marriage.
In June, the U.S. Supreme Court ruled that legal marriages of same-sex couples must be recognized by the federal government, including couples who live in states that ban gay marriage.
But the decision left it up to states on how to treat same-sex couples on state taxes.
The state Revenue Department said the approach it has put in place is recommended by the Federation of Tax Administrators, adheres to the Kansas Constitution’s definition of marriage as being between one man and one woman, and complies with the Supreme Court’s decision.
Thomas Witt, executive director of Equality Kansas, said the state regulations unfairly treated same-sex couples differently.
“By requiring legally married same-sex couples to file additional tax forms and say they are not married on those tax forms, Kansas is penalizing and stigmatizing gay and lesbian Kansans,” Witt said.
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