Monthly Archives: October 2010

Eagle reporter prevails under new shield law

In what is likely the first test of a new state shield law for reporters, a Sedgwick County district judge ruled today The Wichita Eagle does not have to reveal confidential sources sought in a lawsuit.

Judge William Woolley said Kansas’ new shield law prohibits journalists from being compelled to provide unpublished information that could be obtained by other avenues.

The ruling came as part of a lawsuit against a Wichita inflatable company by a mother whose 5-year-old son died on one of the rides last March.

The mother’s lawyer had asked Eagle reporter Suzanne Perez Tobias to reveal the names of two former workers for Pure Entertainment, who told her they were taught to “launch” children from a ride.

“It’s the first challenge I know of for the shield law,” said Lyndon Vix, attorney for the Eagle. “It’s certainly the first for the Eagle and in Sedgwick County. I think it showed the law works, at least as far as it requires reasonable efforts to be made to acquire the information through alternative means. I think the judge was proper in his interpretation of a law that’s only four months old.”

The judge said the request could be renewed after the plaintiff in the suit makes reasonable efforts to obtain what they’re seeking from other sources.

Washburn students analyze the Rhodes case

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TOPEKA — A month after Cleother Burrell turned up dead of 20 stab wounds in the hallway of an apartment building at 630 N. Topeka, the owner of a nearby bar called police saying he found a knife on his roof. Nearly a foot long, the knife became the centerpiece of the murder trial of Ronald Rhodes.

Problem was, none of the witnesses who claimed to see Rhodes with a knife said that was the same one. Bruce Elliott, the eye-witness to the killing of his roommate, couldn’t positively identify the knife, or Rhodes for that matter. Elliott, meanwhile, literally had blood on his hands. And his clothes.

These were among the details analyzed by students of Rebecca Woodman’s Wrongful Convictions class at the Washburn School of Law during their studies of the case.

Here are video excerpts of their presentations, analyzing the trial transcripts, evidence collected by police and the eventual appeal to the Kansas Supreme Court. You can also view them here.

(Music: Adam Walker)

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Inmate No. 34538 has visitors at Lansing

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Before Saturday, Ronald Rhodes hadn’t been summoned from his prison cell to see a visitor since 1984.

That was three years after he was convicted of murder in Wichita. For 30 years, Rhodes has insisted he didn’t kill anyone. But no one outside the walls could hear him.

“It would be easier if I was guilty,” Rhodes in the crowded visiting room last Saturday. “But when you’re innocent, you sit in here thinking, ‘What did I do that I’m being punished for?’ “

Saturday was Rhodes’ 56th Lansing_signbirthday. That’s when Rebecca Woodman, adjunct law professor at Washburn Law School, and I went to visit Rhodes. Woodman’s law students have been researching Rhodes’ case and his claims of innocence.

We didn’t plan our visit around his birthday. It was just the first Saturday that Woodman and I could arrange to both go to the Lansing Correctional Facility.

Rhodes said prison was a violent, dangerous place, when he first arrived.

“There was overcrowding, a lot of killing,” Rhodes said. “But it’s gotten better.”

To survive, Rhodes said he couldn’t look at prison as a place like any other. It’s a subculture, he said, where people who don’t follow rules in society don’t change when they come inside the walls.

“It takes distorted thinking to stay in here,” he said.

Rhodes admitted he’s committed crimes. He did a robbery in Washington state when he was 19. He pleaded no-contest to an aggravated battery, which had him on parole at the time he was charged with murder.

But Rhodes wanted to correct a story that appeared in the Eagle during his murder trial in 1981, which said he was on parole for shooting a man over a pack of cigarettes.

“It wasn’t over a pack of cigarettes,” Rhodes said. “I had this really good weed …”

A man stole his marijuana, Rhodes said. They had an argument.

“I saw him reach toward a cushion of a chair and saw the barrel of a gun,” Rhodes said. “I went for the gun, too, and he got shot. I still think if he hadn’t been shot, he would have shot me.”

But he insists he’s not a killer.

“I’ve done some bad things,” Rhodes said. “But if you look at my record in prison, I have not done one violent thing. I’ve gotten written up for having cigarettes, for smoking, for talking back.”

Rhodes admitted being at 630 N. Topeka with Cleother Burrell the night he was killed. Rhodes said his girlfriend, Lisa Silver, managed the apartments. He went to visit her. She wasn’t home but he said he started drinking with Burrell and some other men. They were in Apt. 14, that Burrell shared with a man named Bruce Elliott.

According to Rhodes:

Burrell, who was gay, began flirting with Rhodes. Burrell put his hand on Rhodes leg. Rhodes said he told Burrell to stop several times. Burrell persisted.

“So I hit him over the head with a whiskey bottle,” Rhodes said.

Rhodes went around the corner to a bar. When he returned, Rhodes said he found Burrell on the floor in the hallway. He was still alive but had multiple stab wounds.

“I bent down and he said, ‘Help me,’ ” Rhodes remembered.

Rhodes said he went back to the bar and called 911 for help. He didn’t give his name, because he was on parole

At the bar, Rhodes said he dropped a lighter and it clanked against the metal leg of a table. Rhodes said the bar owner called police and told them he had a knife. When police arrived, they searched him, didn’t find a knife but found an outstanding warrant.

Rhodes said police arrested him on the warrant and later began questioning him about being at the apartment on Topeka. He ended up being charged with murder. Although Burrell had been stabbed 20 times, Rhodes had only drops of blood on his pants, from where he bent over him in the hallway.

At trial,Elliott testified he saw the killing. But when asked if he saw the killer in the courtroom, Elliott said he did not. Later, Elliott returned to the stand. He admitted under oath he was intoxicated. He then identified Rhodes as a man whose picture he’d picked out of a photo lineup.

Rhodes said he was shocked when the jury returned a verdict of guilty.

“I was convicted on the word of a drunk,” Rhodes said.

Rhodes said he has spent much time in the prison law library trying to research his case. He’s also spent time counseling other inmates.

“I try to keep the younger ones from getting in gangs, from using the ‘N’ word,” Rhodes said.

He recognizes the world outside is a much different place. He said he knows that from reading Newsweek.

“If I ever get out, I know I’ll need some help adjusting,” he said. “I’ve become comfortable in here.”

Then he paused.

“And that’s what I mean by distorted thinking,” he said.

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My lunch with Wichita women attorneys

The Wichita Women Attorneys Association asked me to come to lunch today and talk about social media, how I use it and how they might be able to use it in their law practices.

For those who want to revisit the sites we talked about, and those who couldn’t join us, here are links we discussed:

Twitter: To build a network and keep in touch with the larger community.

Facebook: The biggest site. Period. Greater control of privacy settings.

LinkedIn: Try the groups: something most people miss. Find one in your practice area, or start one of your own.

YouTube: Upload a video. Here’s what one lawyer does. There are thousands of others. Do a search and get ideas.

Flickr: Post photos, or find art for your blog. You’re lawyers, so you know how to read the terms of service and usage licenses.

Blogger: Click “create blog.” That’s really all you need to know.

WordPress: You’re reading a WordPress blog.

LexBlog: Blogging network for attorneys — excellent examples.

ABA Blawg roll: Just about any law-related blog you want to find is in this directory. More good ideas.

Or do a podcast: like this law firm

Mevio is one hosting platform for podcasts. These are some attorneys who use it.

Legal Media Matters is a blog Geri Dreiling, a lawyer who now specializes in marketing law firms, and provides good tips on how attorneys can maximize their use of the web.

Oovoo: An example of free video conferencing and chat tool, so you don’t have to leave the office.

Legal Rebels: The ABA Journal covers innovative lawyers who do cool things.

All you have to do now is click on a link and get started. If you start a blog, a Facebook page, or other networking tool for your practice, send me a link and we’ll tell people.