Monthly Archives: June 2008

Accused Crips member gets separate trial

Jason Tisdale is charged with being a hit man for the Crips street gang, and federal prosecutors are seeking the death penalty. Today, Tisdale, 28, received a trial separate from the 18 other defendants with whom he was originally indicted.

U.S. District Judge J. Thomas Marten signed an order setting Tisdale’s new trial date for June 9, 2009.

A grand jury charged Tisdale with killing three people, two in 1998 and another in 2004. Prosecutors say Tisdale shot Tisha Jones and Keith James in February 1998. Police have said Jones was scheduled to testify in a robbery against a Crips gang member. Authorities also say Tisdale shot and killed Umanah Smith in August 2004 over what police at the time said resulted from a nightclub dispute.

The other defendants are set for trial next February.

Don’t let that pacemaker stop you from going to prison

A federal judge in Wichita who turned 101 this week denied a request today to delay prison for a 76-year-old former doctor who underwent surgery this week to install a pacemaker in his heart.

U.S. Senior District Judge Wesley Brown ordered Wilbur Hilst to report to prison Monday to begin serving a 33-month sentence for illegally distributing prescription drugs over the Internet. Hilst had pleaded guilty to conspiracy for selling drugs online from his Red Mesa pharmacy in Wichita.

Hilst’s lawyers said in his motion that he was scheduled to have a pacemaker installed this week. Prosecutors argued Hilst could get the aftercare he needed in prison.

Brown turned 101 on June 22.

Judge defeated in election, returns to bench as pro-tem

David Kennedy, defeated for re-election in 2006, will return to the bench on temporary assignment in Sedgwick County District Court.

Kennedy, who served as a judge for 28 years, has been assigned as “pro-tem” to preside over juvenile jury trials expected to begin next month. Chief Judge Michael Corrigan announced that Kennedy will be called to help with jury trials for juveniles until two new judges’ positions are filled in January.

It’s not the first time a judge has lost an election in Sedgwick County and returned to the courthouse in the black robe. Carol Bacon currently handles protection from abuse and stalking dockets on a pro-tem basis.

Court hustles to prepare for upcoming juvenile jury trials

Judge Michael Corrigan managed one major change in the juvenile justice system in 1976. As the juvenile judge of the county court, Corrigan led the transition when the Kansas Supreme Court folded his job into a division of the district court.

“But this is probably the biggest change I’ve seen,” Corrigan, now chief judge of Sedgwick County District Court, told me this morning about the recent ruling by the Kansas Supreme Court that grants juveniles the right to a jury trial.

Corrigan spent Monday talking to his judges about how they were going to manage what could be as many as 100 new trials a year. He spent Tuesday talking to the County Commission about how it’s going to be funded.

The new juvenile courts facility, just completed, doesn’t have room for juries — yet. Plans originally called for a jury courtroom in the juvenile facility, but the county didn’t approve that expense. After all, until last week juveniles didn’t have jury trials.

Two new judge positions approved by the Supreme Court and funded by state lawmakers won’t take effect until January. But the first jury trial in a juvenile criminal case could come as soon as next month. Corrigan said for the first six months, juvenile jury trials will be managed from the adult courthouse. More summonses will be sent each week and jury clerk Linda Marvin will continue to oversee all jury trials.

Judges from the main courthouse will handle the cases. Corrigan said he may appoint a “pro-tem,” or temporary judge to handle the extra caseload until January.

“That’s if we have one extra jury trial,” Corrigan said. “If we have two, I don’t know what we’ll do.”

Meanwhile, Corrigan said judges and lawyers who have been handling juvenile cases have some college-style cramming to do. Jury trials operate under different rules than cases where the trial is decided by a judge.

Hopper skips murder charge with not-guilty verdict

A jury found Adrian Hopper not guilty on two counts of first-degree murder in a verdict late Monday afternoon before Judge Warren Wilbert.

Hopper, 28, had been charged in the shooting deaths of DeAndre Reed and Princess Sears on Jan. 8, 2007. Reed, 24, died that night after being shot in the apartment he shared with Sears in the 400 block of North Oliver. Sears, 23, died as a result of her gunshot wounds three weeks later after she’d left the hospital.

The defense had attacked Sears’ identification of a picture her father showed her in the hospital of Hopper and produced family and friends saying he had been in Topeka the night of the shooting.

Hopper won’t go free, however. He faces prison sentences as a result of two other convictions related to being a felon in possession of a firearm.

Orthodox Jewish imposter receives a year and a day in prison

Ted Riley Floyd, who caused a stir throughout Orthodox Jewish communities in Brooklyn, N.Y., and New Jersey after living for years under an assumed name, was sentenced in Wichita to a year and a day in prison for his unusual identity crime.

U.S. District Judge Monti Belot handed down the sentence today and ordered Floyd to serve three years’ probation after he gets out of prison. Belot also said Floyd cannot use any name but his own, or apply to legally change his name without the permission of his probation officer.

Floyd, 28, had lived as Nathaniel James Levi in the Orthodox community of Lakewood, N.J., for years until his arrest this spring under charges that brought him to Wichita. Floyd had lived here before moving east and had applied for a U.S. passport under the name of Nathaniel Levi, a deceased military veteran. Floyd pleaded guilty in April to putting false information on a passport.

The revelation of Floyd’s true identity shocked the large Lithuanian Jewish community in Lakewood, where he lived with his wife and children, who continue to remain there. According to reports from close friends, proper Orthodox Jewish conversion rites have been performed to allow his wife and children to remain there.

Two sentenced in 2007 deadly robbery; another awaits trial

Two of three men charged in the robbery and killing of a 47-year-old Wichita man last summer received their sentences Wednesday.

Sedgwick County District Judge Terry Pullman sentenced Corey Logan, 23, to eight years in prison for his role in the shooting death of Stanley Bloom. Logan pleaded guilty March 5 to voluntary manslaughter. He’ll also be under three years’ supervision after being released from prison.

Frederick Smith, 22, received a six-year suspended sentence after his April 2 plea of no contest to conspiracy to commit aggravated robbery and two counts of aiding a felon. A no-contest plea doesn’t admit guilt but concedes the state has enough evidence to earn a conviction at trial. It results in the same conviction as a guilty plea. Pullman also ordered three years’ probation for Smith.

Both are expected to testify against John Sampson, 42, who is accused of shooting Bloom. Sampson awaits trial, charged with first-degree premeditated murder. Police found Bloom on July 10, 2007, dead in the bedroom of his home at 313 N. Millwood, in the Delano neighborhood.

The three men remained at large for months. Smith was arrested in December during a traffic stop. Logan was found after being arrested on an unrelated case in Missouri and was returned to Wichita to face these charges. Sampson was arrested and charged in January.

Jury convicts jail inmate of spitting in deputy’s eye

An HIV-positive inmate was convicted of battery today for spitting on two deputies during a scuffle in the Sedgwick County Jail.

A jury of seven women and five men convicted Michael Gaines on two counts of battery against a law enforcement officer.

One former deputy involved in the incident testified Gaines’ spit hit him in the eye. The former deputy said he had to undergo treatments of antiviral drugs and six months of HIV testing to guard against the communicable and potentially deadly disease.

Gaines, 50, who initially had been in jail on robbery charges, faces sentencing on this conviction at 1:30 p.m. July 17 before Judge Rebecca Pilshaw.

Prosecutor assigned to lead new trial unit

marcbennet-small.JPGMarc Bennett has been promoted to chief deputy district attorney to head a new trial division in Sedgwick County.

Sedgwick County District Attorney Nola Foulston announced this morning that Bennett would head a division that would concentrate on cases involving sex offenses and offenders, domestic violence,crimes against children and crimes against elderly or dependent adults.

 

Kevin O’Connor is the chief deputy of the trial division handling all other cases, including murder, robbery and crimes against law enforcement.

Two murder cases set for trial

Two murder cases to go trial in Wichita next week, both with robbery as the possible motives.

Adrian Hopper, 28, faces trial before Judge Warren Wilbert. Hopper is charged with breaking into an apartment near Central and Oliver in January 2007 and shooting Deandre Reed and Princess Sears.

Reed, 24, died later that night. Sears, 23, was sent home from the hospital but died the next month. Sal Intagliata is prosecuting the case. Steven Rosel represents Hopper.

Chief Deputy District Attorney Kim Parker, meanwhile, will argue against defense lawyer Richard Ney in the case of Eric Huerta. Huerta, 20, was charged with killing Chad Clayton, 27, May 2007. Judge Rebecca Pilshaw will preside over the case. Huerta is also a co-defendant in the killing of Rosann Kapaun, 33, in a shooting five days earlier. That case is set for trial separately.

The trials begin with jury selection Monday in Sedgwick County District Court. Each trial is expected to last four days or more.

Update: Huerta’s trial has been continued. No new date has yet been set.