Monthly Archives: January 2009

Murder charges gets more serious for Wichita woman

Thursday’s update: Gloria Ibarra was arraigned this morning and pleaded not guilty. Judge Ben Burgess tentatively set her trial for March 9.

Gloria Ibarra told police she stabbed Kevin Hadley in an argument over $35.

This morning, after hearing Wichita homicide detective Tim Relph recount his conversation with Ibarra, Sedgwick County District Judge Joseph Bribiesca granted a prosecutor’s request to change the charges against her from second-degree murder to first-degree premeditated murder.

Ibarra, 45, told Relph she went to Hadley’s house last Oct. 24 in the 1600 block of North Hydraulic to spend the night. She said he was supposed to have $35 to buy drugs, but he only had $5.

The couple did a shot of cocaine, Ibarra told Relph, then began to argue over the money.

Ibarra told Relph:

Hadley pulled the knife and stabbed her in the leg. But she grabbed the knife after he dropped it. She plunged it into his chest.

“You’re going to kill me,” Hadley yelled.

Ibarra chased Hadley into the kitchen, where he threw something at her. Hadley then ran into the bedroom and barricaded it with a heater.

When police arrived at about 3 a.m. Oct. 25, they found Hadley at a neighbor’s house, clutching his chest with three knife wounds. The 49-year-old died of his wounds later.

Ibarra called 911 about 30 minutes later from her home across town in the 1900 block of West Dora.

Relph said when he reading his rights to Ibarra, she interrupted him.

“Is he OK?” she asked.

“No,” Relph said.

“Is he dead?” she asked.

When Relph told her Hadley was, she fell out of her chair, crying.

Officer Bradley Harris said he followed a blood trail from the neighbor’s house, where he found Hadley, to a window outside the bedroom. When he entered Hadley’s home, he found the bedroom door partially opened and blocked by a heater. There were drops of blood in other parts of the apartment but pools and a blood-soaked T-shirt in the bedroom.

Deputy District Attorney Kevin O’Connor said that the evidence added up to Hadley being stabbed in the bedroom, not the living room. That means Ibarra would have had to push through the barrier made by the heater and into the bedroom to stab Hadley.

“That shows premeditation,” O’Connor said.

O’Connor said Hadley broke the window in the bedroom to get to the neighbor’s house, trying to escape his assailant.

“There’s no evidence that this took place in the bedroom, or that it was even an intentional killing,” Ibarra’s public defender, Mark Rudy, argued.

Because it was a preliminary hearing, Bribiesca said he had to view the evidence in a light most favorable to the state in finding probable cause the crime was committed.

Bribiesca also acknowledged while it appeared Ibarra might have an argument for self-defense, that would be a decision left up to a jury.

Because O’Connor needed time to prepare the new charges, Ibarra is set to be arraigned as early as today.

Wichita girl says relative raped, abused her for four years as mother did nothing

Warning: Contains graphic content.

A 36-year-old Wichita man is scheduled to go to trial later this month charged with repeated sex acts against a young relative over four years.

Robin Adams is charged with raping, fondling and abusing the girl from the time she was 7 until she was 11. The girl has told authorities that Adams held a gun to the girl’s head, a knife to her neck, burned her with cigarettes and threatened to drown her in the bathtub to keep her from telling.

The girls’ mother has been convicted of aggravated child endangerment for knowing about the abuse but not reporting it to authorities. She is currently on probation.

Details of the case were revealed in a motion filed last week by prosecutor Christine Ladner, asking a judge to consolidate three cases against Adams for a trial set to begin Jan. 26. The motion is set to be heard on Friday. Although Ladner left the Sedgwick County district attorney’s office at the beginning of the year to take a similar job in Shawnee County, she has received special permission to return to Wichita and prosecute Adams.

Adams has said through his lawyer, Alice Osburn, that the girl is mentally ill and fabricating the case. Ladner said the girl suffers serious anxiety, depression and other serious psychological problems as a result of the abuse.

On one occasion, the girl said, Adams put a gun to her head and told her “say bye to your mommy.” The girl also said he locked her in the dark bathroom for hours after she tried to call for help and made her drink urine.

Last year, Ladner made a rare request for the child to be allowed to testify via closed circuit TV. While allowed by law, it’s only been granted once in Sedgwick County during the past 10 years. But the law allows such testimony only in instances where the witness is under age 13. The case was originally charged in April 2007, but by the time it comes to trial in two weeks, she will have turned 13, forcing Ladner to withdraw her motion.

Adams is HIV-positive, according to court records, and had tested positive in the time period the girl claims he was having sex with her.

What does it take to make a lawyer happy?

When dealing with serious issues, it pays to keep a sense of humor.

Stephen and Linda Schneider are charged with over-prescribing painkillers, leading to the deaths of 59 patients. But even they got a chuckle out of the banter between Judge Monti Belot and defense lawyer Lawrence Williamson at a pretrial hearing this afternoon.

Belot talked about a possible ruling for the defense and asked Williamson, “Would that make you happy?”

“It would make me happier,” Williamson said smiling.

“Well that’s not my job — to make lawyers happy,” Belot said.

As the hearing ended, the judge quipped: “Well, Mr. Williamson, anything else I can do to make you happy?”

“You could dismiss the indictment,” Williamson said.

“I don’t think so,” Belot said.

On the boardwalk: Wichita man cited for beating seagull

Laguna Beach police cited a Wichita man on “suspicion of animal cruelty” after he beat a seagull with a stick when it attacked him and his wife while swooping down on their ice cream.

The Orange County Register reports that Dragan Djuric, 50, was waving a stick trying to fend off several aggressive — and endangered — Heermann’s gulls as they ate ice cream on the boardwalk early on New Year’s Eve. Laguna Beach police said the gulls hit Djuric’s wife in the head and pooped on him. One of the birds suffered a broken wing and was later euthanized.

What more do you need to know about Paul Morrison and Linda Carter?

People have been asking me this week about what Linda Carter’s affair with former Attorney General Paul Morrison has to do with a criminal case against Wichita abortion doctor George Tiller. Tiller’s lawyer Dan Monnat tried to show that Morrison so wanted to please Carter that he’d do anything for her. Since she opposed the late-term abortions Tiller has performed, Carter testified she wanted to see Tiller charged.

Such actions would have been uncharacteristic for Morrison. To present circumstantial evidence that Morrison wasn’t acting like himself back in 2007, Monnat questioned Carter about other behavior that was out of character for the prosecutor, such as getting a tattoo, as she explains in this video:

Courtroom drama resumes today in Kansas v. Tiller

A former Kansas attorney general who crusaded against abortion, his successor and the successor’s former lover are all scheduled to take the stand in a Wichita courtroom this week.

Sound like a political soap opera? No, it’s just the latest hearing in the case of Kansas v. George Tiller, the Wichita abortion doctor.

You can follow live updates from the courtroom, via Twitter, by refreshing the box to the left of this blog, or going here.

Phill Kline, who as AG began investigating Tiller in 2003, began testifying in November but had to postpone his testimony because of conflicts in travel plans. He is set to retake the stand today.

Kline’s successor as AG, Paul Morrison, is also scheduled to testify this week, as is Linda Carter, whose extramarital affair caused Morrison to resign. Carter also worked for Kline, who assumed Morrison’s old role as Johnson County district attorney.

Tiller’s lawyer, Dan Monnat, is arguing that Kline overstepped the bounds of his authority in investigating Tiller, including by enlisting Carter’s help in getting Morrison to file charges.

Tiller faces 19 misdemeanor charges alleging that he had an improper financial relationship with a doctor who provided second opinions for women seeking late-term abortions.

The case is now being pursued by current Attorney General Steve Six, through prosecutor Barry Disney.

A packed courtroom says farewell to Judge Pilshaw

The cake was decorated to look like law books with a gavel on top. The books carried the dates of Judge Rebecca Pilshaw’s reign on the Sedgwick County District Court bench: 1993-2008.

A courtroom packed with lawyers, fellow judges, police and court staff ate the cake and sipped punch in a farewell reception for Rebecca Pilshaw today, who leaves after this year’s election defeat and a turbulent end to a long career of public service.

“I served 15 years in woman years, and those count for more because we have to work harder for everything,” said Pilshaw, whose departure leaves the Sedgwick County district bench all male.

The five women who ran for judge in this past election were all defeated.

Pilshaw presided over many high-profile cases with a reputation for a boisterous sense of humor and a heavy gavel. Her laugh boomed across the courtroom and she was known for pushing sentencing guidelines to their limits to give the most prison time for the toughest offenders. Pilshaw’s sentencing practices are a reason why reversal rates by appeals courts aren’t always an accurate measure of an elected judge’s worth. Some of the cases she had reversed were for being too tough on crime.

The tough persona also ultimately cost her a seat on the bench, after being reprimanded for losing her temper in court. That toughness also drew criticism from the lawyers who stood before her. Both were issues in the election.

But there was no sign of hard feelings by anyone at today’s reception. There were smiles, hugs and tears. In court, lawyers and judges are used to heated disputes, then walking away friends.

Pilshaw said she plans to return to private practice, where she’ll take cases defending the rights of those accused of crimes.