Robinson wants his denial of killing Brooks suppressed

A judge today denied a request by capital murder defendant Elgin Ray Robinson Jr. to withhold from the jury statements he made to police denying that he was involved in the killing of Chelsea Brooks.

Robinson

Robinson

Judge Ben Burgess ruled that Robinson’s statements to police could be used at his trial beginning next month, where he’s accused of orchestrating the murder-for-hire of his pregnant 14-year-old girlfriend in the summer of 2006.

Robinson, 22, said during brief testimony that police coerced statements from him, although he never admitted being involved in the killing.

Prosecutors said they didn’t plan on using his statements, anyway.

The trial is set to begin with jury selection Sept. 22.

Women judge Kansas appeals on anniversary of suffrage

From left: Melissa Taylor Standridge, Nancy Caplinger, Christel Marquardt

From left: the Hon. Melissa Taylor Standridge, Hon. Nancy Caplinger, Hon. Christel Marquardt

The judges say the date was merely a coincidence. But on the 88th anniversary of women gaining the right to vote in America, the first three-woman panel of the Kansas Court of Appeals convened today in Wichita.

Melissa Taylor Standridge, Nancy Caplinger and Christel E. Marquardt looked out in the gallery of lawyers waiting to argue their appeals and saw nothing but men.

“I said at the beginning this was an historic occasion, and I saw Christel out of the corner of my eye, thinking I was going to talk about her birthday,” joked Caplinger. “But this was the first time we’d had a three-woman panel of the Court of Appeals in Kansas, and we looked out and saw 13 men waiting to argue. How often does that happen?”

Not very often now. But it might have reminded Judge Marquardt of when she graduated Washburn Law School in 1974 and went to work as the only woman in private practice in Topeka.

“It’s like the end of a dream,” Marquardt said, “that we have a three-woman panel on the Court of Appeals. But it took too long to happen.”

Marquardt said the only difference in having three women on the panel, “When we get together, we can talk about things we wouldn’t ever do in front of the guys,” she said.

After they sat together for the first time in the second-floor courtroom at the historic federal courthouse in downtown Wichita, the city’s legal community marked the historic event with a reception at Bradley Fair.

On their journey, they’ve heard their colleagues on the Court of Appeals call them “girls.” And one nervous lawyer today addressed the judges as “ma’am.”

“Your honor” would be the appropriate term.

Couple’s spat leads to their arrest as robbery suspects

A man and a woman fighting with each other drew the attention of Wichita police this week, who arrested them after seeing they fit the description of a couple who attacked and robbed a 79-year-old man just an hour earlier.

Terry Ross, 25, and Kelly Baalmann, 33, were charged today with aggravated robbery.

The older man who lived in th 200 block of South Chautauqua called police to report being robbed just before 8:30 Wednesday morning. Detective Ken Davis said in his report that the man told police he answered a knock on his door to find a woman standing with a towel wrapped around her head, claiming to be involved in an accident. As he opened the door, another man pushed his way into the home and began beating the resident. The couple took $100 out of the man’s pocket and fled. A neighbor upstairs heard the commotion and saw the couple leave in a green truck.

About an hour later, police received a call of a couple fighting in a green truck in the 6300 block of Eilerts, less than 3 miles from the reported robbery. Police found Baalmann with a swollen eye and scratches on her face and arms. Ross had scratches on his face and neck, police said. Officer Valerie Shirkey said she asked Baalman how she’d gotten hurt. Baalman replied “gymnastics injuries.”

Judge Eric Yost scheduled the couple for a preliminary hearing Sept. 9. Yost set Baalmann’s bond at $75,000 bond and $100,000 for Ross.

Watch this, before you talk to the police

Many times, I’ve watched prosecutors play confessions to crimes in courts, where the suspect starts talking after police tell them, “You have the right to remain silent.”

Police have told me the act of reading people their rights is actually a way to engage them and get them talking. Officers talk about how surprised they are when people allow them to search their cars at traffic stops. “Did they think I wasn’t going to find the brick of pot underneath their seat?” one said.

Now, most officers I know don’t set out to overstep their authority. They’re trying to do their jobs and catch outlaws.

But even law abiding citizens should know their rights under the U.S. Constitution. A group called Flex Your Rights has produced this video to help people understand those rights before they encounter police (via Underdog Blog):

I asked some defense attorneys to watch the video and give it their review.

Rebecca Woodman of Topeka, who argues appeals for public defenders’ offices around the state, said that the police encounters dramatized in the video are “unfortunately all too common, even though they each far exceed a police officer’s lawful authority under the Fourth Amendment.”

“It’s important for citizens to know their constitutional rights and how to exercise them,” Woodman said, “so that the right to privacy is protected, not only for themselves but for all citizens.”

Kurt Kerns of Wichita also found the video valuable.

“The bottom line is this: our rights are just like our friends and loved ones,” Kerns said. “If we ignore them, they’ll go away.”

Web sex offender registry helps Wichita woman identify peeper

A federal lawsuit in Nevada is challenging laws allowing states to post sex offender registries on the Internet, but a Sedgwick County prosecutor said an online database recently helped a  woman here identify a man who’d been peeping through her bathroom window. Chambers

Chambers
The woman told police she was sitting on her toilet when she looked up and saw a man peeping through her window. She screamed, and the man ran off, but she ran outside and saw him riding away on a bicycle.

Prosecutor Justin Edwards told a judge that the woman gave a detailed description of the bicycle and the man. After police left, she decided on her own to search the Sedgwick County sheriffs’ sex offender registry near her address. She got a hit on Brent Chambers, who lived just a couple of blocks from her in south Wichita.

Police visited Chambers’ house and found that the 23-year-old fit the woman’s description. They also found the bike she described. Last Friday, Judge Anthony Powell revoked Chambers’ probation on a 2007 misdemeanor drug possession conviction and ordered him to serve a year in the county jail. The District Attorney’s office said Chambers had been on the registry for a “sexually motivated burglary” conviction from Butler County.

Jury hangs in child porn case

The case of Buddy Jones, which I wrote about yesterday, ended in a hung jury this afternoon.

Judge Clark Owens said lawyers will try again next week, literally. A new trial has been set for Monday. That’s the same day as Jones’ murder trial is set to begin.

The court will decide Thursday whether either trial will proceed next week.

Murder investigation also turns up suspected child porn

Wichita police were searching Buddy Jones’ room, looking for evidence that might show he killed a missing woman, when they opened a nightstand drawer and found nude photos of a young adolescent girl.

Now Buddy Jones is standing trial this week, accused of sexual exploitation of a child, while he awaits another trial on charges of first-degree murder.

The jury is expected to get the case today of eight photos found in his nightstand. Prosecutor Kevin O’Connor has had police and medical witnesses describe the photos, which they said were of a young girl with her genitals exposed.

Defense lawyer Brad Sylvester told the jury that the pictures belonged to Jones’ sister’s boyfriend, who also lived in the house.

Jones is also charged with first-degree murder in the disappearance of Michelle Rawls in July 2006. Jones was arrested and charged with her murder nine months later. Her body was never found.

When police were searching the house where Jones lived, they discovered the Polaroid photos of the girl, along with a Polaroid camera and pictures from a child porn Web site that showed another young female in similar poses. O’Connor said authorities have not been able to locate the girl in the pictures found at Jones’ house.

Webcam dancer doesn’t have audience he thinks, resulting in arrest

The 29-year-old Wichita man liked to dance in front of his webcam, authorities say, thinking the teenage girl on the other end would find it seductive.

But Gaurav Kumar learned his audience in the chat room wasn’t a 14-year-old girl, courthouse sources say, but rather a Wichita police detective working undercover online.

Detective Jennifer Wright arrested Kumar, and Deputy District Attorney Kim Parker charged him with electronic solicitation.

Kumar, listed as associate professor of research at Wichita State, faces a preliminary hearing next week in Sedgwick County District Court.

Courthouse shoe-shine stand remains untended, but “Buddy’s” condition improves

Courthouse patrons may have noticed the shoe-shine stand is empty this week, as the entrepreneur who has tended it for more than 30 years is in the hospital recovering from pneumonia.

Buddy Crumble has been upgraded from critical to fair condition this afternoon at Via Christi Regional Medical Center-St. Francis Campus. Eula West, who cheerily greets those walking into the county courthouse from her post at the Information Desk, said she visited Crumble, 76, earlier this week and found him in his usual good spirits.

“I asked him what he was going to do when he gets out of the hospital, and he said, ‘Oh, I have a lot of women who take care of me,’ ” Eula said. “I told him, well, I figured it was all those women would end up killing him.”

Attorneys across Wichita rallied to support Crumble in late 2005, when he tried to move his business from the basement, where the county had moved him in 1998, into the newly renovated lobby. By early 2006, the county had negotiated a new lease for Crumble, in the lobby.

Crumble continued to operate his business in the lobby but has not worked as much this year, because of health problems.

Judge postpones jailhouse marriage in domestic violence case

Sometimes, love stories play out in the courtroom — like today, when a man asked a judge to let him marry the woman whose car he’s accused of ramming while she and their five-week-old baby were inside.

Matthew Formsma, 33, and Jennifer Gragg, 22, want to get married. They have one daughter together and she’s pregnant with their second child. But there’s a hitch in the plans: he’s in jail awaiting trial next month, charged with battering her and endangering their child. Formsma, 33, has been in jail on $100,000 bond since his arrest in October.

According to testimony in previous hearings: Gragg, 23, went to the couple’s house in the 600 block of South Rutan one evening to find Formsma passed out naked on the couch and another woman in their bed. After an argument, Formsma had service shut off to Gragg’s cell phone. Gragg took the other woman’s cell phone and left. Formsa later asked Gragg to return it.

Court documents state that when Gragg returned, she parked in the driveway, left her infant daughter in the car with a friend, and went inside the house. During another argument, Formsma pushed her to the floor. She returned to her 2007 Chevy Cobalt, parked behind Formsa’s 199 Chrysler Concorde. Draxa Wylie, the friend, testified she locked herself, the baby and Gragg inside the car, as Formsma tried to break the window. He then got in his Concorde and backed into them, she said, sending the Cobalt about 20 feet into the street. The baby was strapped into a car seat in the back seat.

Gragg has since testified that it’s all a big misunderstanding. Now, she wants to marry Formsma. Prosecutor Christine Ladner told Judge Joe Kisner that despite an order for Formsma to not have contact with Gragg, he’d sent her letters and she’d used an assumed name to visit him in jail. She was in court today for the motion.

Judge Kisner denied the motion, telling the couple they’d have to wait to get married.