The race between longtime Sedgwick County District Attorney Nola Foulston and GOP challenger Mark Schoenhofer no longer looks as competitive as it did five weeks ago, judging from a SurveyUSA poll last weekend of 1,000 adults in the county. In August Foulston had 51 percent of the support, to Schoenhofer’s 45 percent. Now Foulston has 54 percent and Schoenhofer 39 percent. In between the two polls, The Eagle published a story about the six times Wichita police have been to Schoenhofer’s home since 2003 responding to reports of domestic violence or arguments (he says the allegations are unfounded) and about his 1995 filing for Chapter 13 bankruptcy and past delinquent taxes, now resolved.
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36 Comments
Mark Schoenhofer is a nitwit. I’d like one of our BLOG attorneys to explain something to little ol’ layman me.
In his radio ad he claims he has has over 200 trials and 100 appeals. 100 appeals, doesn’t that mean he loses half of his cases in court the first time?
Just wondering.
Domestic violence and tax issues, maybe that’s why he’s getting so much support from the anti-abortion crowd.
In his radio ad he claims he has has over 200 trials and 100 appeals. 100 appeals, doesn’t that mean he loses half of his cases in court the first time?
No, Hank, it doesn’t mean that. And criminal defense attorneys – the real ones, not the ones you see on TV – routinely lose most of their trials; not because they are bad attorneys, but because prosecutors get to choose their cases, and they don’t take cases to trial they can’t win. Prosecutors routinely have, as a result, 90%+ conviction rates. Schoenhofer was a prosecutor, in Nola’s office, for a time, remember.
You may or may not like Schoenhover – and frankly, the Eagle piece was wildly unfair – but his radio ad (as you characterize it; I haven’t heard it) speaks to experience. Nothing more. I have a large number of appellate cases handled too; and I win the vast majority of my cases (largely for the reasons cited above, not because of my inherent brilliance :-) ).
I don’t live in Sedgwick Co., so I don’t have a dog in this fight.
Schoenhover was looking to me like an interesting possibility to replace Foulston – until I saw the mailer (relayed to me by a registered Republican) where he identified himself as being part of the far-right.
As for the ALLEGATIONS of abuse, etc, I would note that these are allegations. I have seen far too many FALSE accusations of this sort to jump to conclusions.
GMC – and addendum to your comment if I way. Aren’t many appeals also filed by an attorney other than the one who lost the original case?
bth
Posted October 1, 2008 at 9:02 am | Permalink
Schoenhover was looking to me like an interesting possibility to replace Foulston – until I saw the mailer (relayed to me by a registered Republican) where he identified himself as being part of the far-right.
———————————–
Since you are getting far right mailers, perhaps you could update us on what’s happening in the John Birch Society? :D
regular – perhaps I should have seid ‘neocon’ – especially since this one was strictly local.
” because prosecutors get to choose their cases, and they don’t take cases to trial they can’t win. Prosecutors routinely have, as a result, 90%+ conviction rates. Schoenhofer was a prosecutor, in Nola’s office, for a time, remember. ”
I remember many years ago, I was in court for no dl in possession, or something like that. Anyway, Nola was there, prosecuting cases. As I said, a long time ago. Anyway, this guy, appearing without an attorney, pled guilty to numerous charges, including eluding and evading, 100 mph in a 55 mph zone, etc.She asked for a recess, and sat the man down close to me. She proceeded to convince him to pleasd not guilty, so his “rights could be protected and his side could be heard in sentencing”
I suspected then it was about conviction rate more than anything else. What a waste of taxpayers money.
While I’m not excited about voting for Nola (her ego has grown too large for my taste), after looking into Schoenhoffer, I can’t give him my vote. This may end up a no-vote for me, but I’m glad this thread is here so I can (hopefully) make a more knowledgable decision and actually vote. I’m not counting on that though. :(
I am supporting Mark for D.A. and so are alot of other people in Wichita. The article in the Eagle was supplied by Nola’s office for the benefit
of smearing him. We haven’t heard anymore about
the bullying of the Social Workers or the possibility of a legislative panel to investigate
what is going on here in Sedgwick County which is
being supported by many in Topeka. Note; The Eagle
has long been known to prostitute itself for the
powers that be. Nola needs to go she thinks that the laws don’t apply to her or her staff and it needs to stop. It is not about who’s right it is about WHAT IS RIGHT. and by no means to I mean right or left wing.
C’mon, now –
“…the six times Wichita police have been to Schoenhofer’s home since 2003 responding to reports of domestic violence or arguments (he says the allegations are unfounded) and about his 1995 filing for Chapter 13 bankruptcy and past delinquent taxes…”
Once is an anomaly.
Twice is a coincidence.
SIX times?!
OJ Simpson didn’t get SIX previous cop calls for domestic violence.
Mark Schoenhofer explained why the police were called to his home and that the back taxes were from the divorce and why he filed for bankruptcy.
What I want to know is why Nola isn’t explaining why she doesn’t prosecute sexual abusers of children and why she gives plea-bargains to release criminals early instead of putting them away for a long time so they aren’t on the streets to commit more crimes. Also why are so many criminals walking due to the prosecutorial misconduct of her office?
Those are questions that should be answered by Nola – after all that is what she is paid to do by the citizens of Sedgwick County – prosecute criminals. Those cases that she talks about, Carr brothers – Btk – anyone could have won those cases. How about doing her job? watch the video for an example of her office’s work.
http://www.youtube.com/watch?v=We7jTwXJBGo
True. and It smells. Badly. But, perhaps they have really nosy or vindictive neighbors.
Anyway, I don;t live in Sedgwick county, so i don;t have a dog in this fight.
RE: As for the ALLEGATIONS of abuse, etc, I would note that these are allegations. I have seen far too many FALSE accusations of this sort to jump to conclusions.
Where have you seen the too many FALSE (ABUSE)accusations of this sort? Are you associated with EMCU, SRS and the courts that don’t protect children and remove children from their protective parents. Wake up – people across the country are revolting because their children are being abused by the system that was set up to protect them. Vote for Mark Schoenhofer – it’s time for a change.
SOMEONE will be the District Attorney of Sedgwick County – Vote for the children – if not yourself!
Meet Mark Schoenhofer and make up your own mind!
He will be in the:
Goddard Fall Festival Parade Oct 4th – 10:30am
Maize Fall Festival Parade Oct 11th – 10am
Haysville Fall Festival Parade Oct 18th – 9am
Come to ACRA’s (A child’s Rights) booth located in the fall festival and receive information – there will be voter registration forms for those who have not registered.
suze_w – in case you failed to notice it I was AGREEING with your position in regards to the allegations against Shoenhofer. And I am NOT with the ’system’ in any way.
“suze_w” –
I guess I’m just out of the Wichita mainstream.
I haven’t had the cops called to my house six times for anything.
They showed up once when the paper-carrier told me she’d been approached by someone she thought was a sexual predator and I called 911.
Any time the cops know — from six previous visits — the way to your house, it might be a time for some personal reflection and consider politics might not be the best career option to pursue.
A fabrication is often nothing more than a reactive act of misunderstanding, frustration, or temper. An entire family, including the children, should not pay the price of what does not appear to be the truth about their family and lives. This County should support a DA capable of leading a DA Office that displays professional behaviors and talents for sorting fact from fabrication, because the DA has so much control over whether a family and the children suffer and are damaged. Is the current DA Team doing to Mr. Schoenhofer’s family exactly what so many other families are complaining about?
Thanks for the explanation, GM.
I don’t know much about Schoenefer but I like Nola. My contact with her is mostly social and we talk about mutual loves, animals in general and dogs specifically.
We have never talked about politics or law. But I do know that she is a very good and honest person. Maybe not the most important qualities in a prosecuter, but good enough to get my vote.
Ben –
To answer your previous question, yes, in most cases (though I don’t have any hard numbers) someone other than the trial attorney usually handles the appeal, at least in criminal cases. I can’t really speak to the civil side; not my bailywick.
The Eagle piece was deeply unfair, IMHO. Nola’s people spoonfed the dirt to the Eagle, who simply lapped it up without thought. The fact that some don’t like Nola is not a bad thing in itself; if you haven’t pissed some people off as a prosecutor, frankly, you’re not doing your job. And certainly the most dangerous place in the Sedgwick County Courthouse is between Nola and a TV camera; in that (her ego), her detractors may have a point.
Whether Schoenhofer is a “neo-con” or not is frankly irrelevent. If there is one place where that sort of ideology doesn’t matter much, it’s prosecution. Prosecutors for the most part don’t make policy, we are charged with prosecuting violations of the law. What we think about that law, as a prosecutor, doesn’t really matter much. Thus, a prosecutor’s position on abortion, for example, doesn’t matter much. If violations of the law are uncovered, and they can be proven beyond a reasonable doubt, they should be prosecuted. Some may see that as simplistic, and while no, it’s not quite that simple in practice in every case (there is such a thing as prosecutorial discretion, properly exercised), it really is in large part just about enforcing the law. It really is almost that simple. At least to me.
BTW, LJ, your story of Nola taking a person aside and making sure he knew his legal options before simply taking a plea is a plus for her, not a minus.
GMC – while largely I might agree with you I got the feeling that he wants to be another Phill Kline. I odn’t think we need that.
Nola Foulston needs to explain to the people of this county and the state of Kansas why she removes more children from their homes only to be put into foster care than any other county in the state?
SRS Sec. Don Jordan was right on the money when he said her DA’s force SRS and Youthville workers into saying things in their reports that are not true. The only reason he recanted was Sebelius forced him too or lose his job.
Nola Foulston’s DA’s are the ones bringing the cases to the Judges and they have always been more than any other county in the state.
Nola should be required to respond under oath.
We as citizens, don’t pay Nola for her social life or who she associates with and I DON’T care what she does with her personal life or the fact that she has been married two times or whether she had problems in those marriages ro what those problems were.
What I DO care about is whether she enforces the laws of the state of Kansas.
I care that Nola picks and chooses what cases she prosecutes.
I care that Nola isn’t prosecuting many cases of intra-familial child sexual abuse.
I care that her DA’s office bullies social workers into falsifying affadavits to remove children illegaly.
I care that her Juvenile ADA’s falsify documents in juvenile court (oops – can’t talk about that – it’s confidential(just ask her) – closed records)
What I really think needs to happen is that all of the children, parents and grandparents that have been denied their due process by Nola’s office come forward so that the citizens of Sedgwick County can hear what really goes on behind Nola’s closed doors. The children, parents and grandparents hold the truth!
Until we get honest Juvenile District Attorneys, children will be at risk in Sedgwick County!
Parents, Grandparents, Aunts, Uncles – just be aware that your lives could be destroyed at a moment’s notice due to the unlawful acts by Nola’s office.
We can’t forget that State Representative Mike O’Neal, Representative Jason Watkins and Senator Jean Schodorf have requested an investigation into the falsifying of affadavits and prosecutorial misconduct in Sedgwick County.
http://www.youtube.com/watch?v=J2BhDnnC2×4
Foulston is in the pocket of criminal, racist abortionist quack Tiller, who nearly killed a black woman last week with 2 illegal, near-fatal, post-viable abortions and other violations of state laws and medical regulations, and drove her to Wesley Medical Center in his Jeep, though he couldn’t see well, because ambulances attract attention. That’s reason enough for every voter with a streak of human decency or an ounce of respect for human life and dignity to vote against Foulston for any office.
There are many more reasons, folks.
“though he couldn’t see well,”
Got some proof of that?
“BTW, LJ, your story of Nola taking a person aside and making sure he knew his legal options before simply taking a plea is a plus for her, not a minus.”
It was not a thing of informing him of his legal options, it was, at least in my opinion, an argument to plead not guilty. He was clearly guilty, he was clearly ready to be responsible for that guilt and take whatever punishment was meted out. He was a citizen, in my opinion. He was exemplifying taking personal responsibility for his actons. She was goldigging for an easy conviction.
Now if the judge were to give a lighter sentence, or some sort of differential because he would be later represented by an attorney, the judge would be wrong (imho). In reality, I know it happens, and I know judges have a lot of flexibility in crimes of a non personal nature.
SO instead, we got a lot of cost on a trial, the district got to pay for an attorney for the gentleman because there was the possibility of jail time, Nola got her conviction–which she knew was a slam dunk. Yeah, way to go Nola. Not!
Oh by the way, his argument to her? But I did it. I did all of that. Now, as an officer of the court, and not his attorney, did she not have an obligation to inform the court of that? Or perhaps, because he wasn;t mirandized, it wouldn;t count? Buth then, he was not under arrest or confinement, as so such statements could be used as excited utterances, or some such? Or just freely offered confession?
Her argument,… If you plead not guilty, you have an ability to use the system. Perhaps to get a better sentencing, and after all, you are entitled to a jury trial of your peers, yada yad yad . Wow. She should been fired.
We can talk and make nice with all people, I also have dogs, but that does not make me free from fault
or possibily neglectful of my duties, or because I
know someone, or am pleasant to be around.Does this
somehow show the true color of my integrity? The true color of of a persons worth is when no one has to ask. “Who let the dogs out?
When a child is brave enough to tell what has happened to them and the DA’s office declines to prosecute, that is a big disconnect for me. I don’t know if she is jaded from too many years in office but you have to be criminal to ignore the statements these children have made.
How can people ignore Don Jordan’s comments about Nola being the cause of so many children being taken from their homes in Sedgwick County. Before he recanted he was pretty straight forward in his opinion. I am sure he was repremanded by his boss the Governor. Playing politics on the misery of children and Kansas families is rehensible.
If Nola loves anything it is her dogs…. Not the children of Sedgwick County.
Predestined said:
While I’m not excited about voting for Nola (her ego has grown too large for my taste), after looking into Schoenhoffer, I can’t give him my vote. This may end up a no-vote for me, but I’m glad this thread is here so I can (hopefully) make a more knowledgable decision and actually vote. I’m not counting on that though. :(
____________________________________________
In all fairness you should go see Mr Schoenhofer at one of the places he is scheduled to speak. It is hard to make a decision when you don’t know the other side.
He will be in the:
Goddard Fall Festival Parade Oct 4th – 10:30am
Maize Fall Festival Parade Oct 11th – 10am
Haysville Fall Festival Parade Oct 18th – 9am
Remember what you allow you must endure. Please take your right to vote seriously.
No good, NO File Nola Foulston… WE are watching and documenting…VERY INTERESTING how the JUDGES in Juvenile Court…especially Judge Dan Brooks, have a SYSTEM of TERMINATING PARENTAL RIGHTS… VERY interesting.
Children ARE being ILLEGALLY TAKEN from good homes and put in the system on false allegations by the DA’s office…stop the abuse to children and VOTE Mark Schoenhofer for District Attorney.
TTT, et.al. – are they having any debates? A parade doesn’t do much.
LJ – With the plea, she already HAD the conviction! A plea IS a conviction. Pleas are how those “conviction rate” stats are made; 95% plus of cases end in pleas.
Pleading guilty to those traffic offenses carries impacts down the road that the person may have had no knowledge of. Whether you realize it or not, she was doing this person a huge favor; it would have been easier and more efficient to simply take the plea and let it go. She chose not to. That’s a plus for her, in my book.
bth, there was a forum, Nola sent Ron Paschal and
Kim Parker to speak for her. Two news stations showed up but there was no coverage. The Eagle was
invited but did not cover or attend the Forum. It was attended by about 81 people including NAACP members and several representatives. Nola doesn’t do well when she has to speak for herself. Foot in mouth syndrome.
Is Nola Foulston really tough on crimes against children?
State vs.Gore
Appeal No. 97,380 In March 2005, the State charged Gore with alternative counts of aggravated sodomy and aggravated indecent liberties with a child against H.G. Opinion filed June 6, 2008. Accordingly, we reverse Gore’s conviction, vacate his sentence, and dismiss the charges against him. “The State, not Gore, was responsible for ensuring that Gore was tried before the statutory speedy trial deadline expired.”
(Child rapist walks to due incompetence in the DA’S office)
IN THE MATTER OF B.M.B.
Appeal No. No. 79,358 Another horrific illegal interrogation of a child by the WPD/EMCU from 1997…the 10 year old child was prosecuted as a sexual offender and later reversed, the abuse to our children by the EMCU SRS continues today. The officer was not prosecuted for illegal conduct and still works for the WPD and teaches classes on the interrogation of a child. The adjudication by the district court is reversed. McFARLAND, C.J., and SIX, J., concur in the result.
(Prosecuting a child, her office has failed to prosecute certain cases against parents who sexually abuse their own child/children.)
State v. Boone, 277 Kan. 208, 208, 83 P.3d 195, 198 (2004).
Nola Foulston recently attempted to explain why she dismissed a warrant for the arrest of Fransico Javier Reyes, whom officers believe raped an eleven month old baby. Nola said that the United States Supreme Court decision in Crawford v. Washington prevents her from prosecuting Reyes, because the mother of the infant has died. Crawford was decided in 2004. On the other hand, this unthinkable crime occurred in 1991. For thirteen years, Crawford did not stand in the way of prosecution. In any event, Nola didn’t mention all of the other strong evidence that would permit her to prosecute Reyes, despite Crawford. Officers learned through their investigation that Reyes had been left alone with the child for no more than fifteen minutes. During that time, the baby’s stuffed toys were ripped off the wall, and the baby was beaten across her face and raped. A medical examiner concluded that the baby’s face was bruised and she was injured to her genitals. Police obtained a tape recorded statement of Reyes. Police also had established that Reyes was living with the family when this crime occurred. Had Reyes been arrested, he may have admitted guilt. In any event, Nola Foulston had a case she could have presented to a jury. Experienced trial counsel knows “a reasonable inference of guilt may be established by circumstantial evidence for even the gravest offense.”
(Rape of a baby and Nola didn’t care enough to prosecute?)
Plea turns up record child porn stash April 1, 2008
Prosecutor Marc Bennett offered an unusual deal to Henry Nelson, a local photographer charged with having sex with an 8-year-old. Bennett would accept a guilty plea to aggravated indecent liberties, reduced from rape, if Nelson would turn over his computer so authorities could search it without having to obtain a warrant. Bennett agreed not to charge him with extra crimes, but he could use anything he found to argue for a harsher sentence. Nelson complied. The search turned up 30,000 sexually explicit photographs of minors — the most ever found in Wichita. Case No. 07CR2745 Sentenced Mar 28, 2008 Attempted Aggravated Indecent Liberties. Earliest possible release date: April 4, 2010
(Is this justice for the child? How many other child rape cases were given a plea deal?) How safe will children be when this person is paroled?
Statements from the 18th district attorney’s website
“Violence or threats of violence are crimes and must be treated equally under the law regardless of the relationship of the parties to one another. “
“Victims should report the crime and cooperate with law enforcement authorities.”
If the above statement is true then why has Nola Foulston refused to prosecute sexual abuse crimes that have been committed by a family member against an child?
Nola Foulston has been contacted by parents and grandparents about the sexual abuse of a child, child victims have reported crimes and have cooperated with law enforcement, but law enforcement and the district attorney’s office have NOT cooperated with the child victim, instead they worked AGAINST the child and the protective parent.
Parents and Grandparents beware that this could happen to you!
Parents and grandparents hold the truth when it comes to the removal of their children and grandchildren from their homes. There are cases in which children must be removed for their safety, but there are also many cases of children being removed due to false documents presented to the courts by the juvenile district attorneys. If a child is removed from the home, children should be placed with extended family members, many grandparents, aunts, uncles love these children and want to have their own grandchild, niece, nephew placed with them, but the juvenile district attorney would rather place the child/children with strangers, traumatizing the child. We must stop the unlawful acts committed by our current district attorney’s office.
“LJ – With the plea, she already HAD the conviction! A plea IS a conviction. Pleas are how those “conviction rate” stats are made; 95% plus of cases end in pleas. ”
Thanks, I didn;t realize that.
“Pleading guilty to those traffic offenses carries impacts down the road that the person may have had no knowledge of. Whether you realize it or not, she was doing this person a huge favor”
That is not what she is paid to do. The judge had in informed him of the direct consequence or penalty available to be given (required as I recall), I do not remember if he informed the defendant of any uninteneded consequences (not required).
Given the severity of the charges, he should have consulted an attorney previous to his appearance.
I understand your point. I just disagree. BY the way, I have used the library at the wichita bar association more than once. I assume this indiividual could have done one of several things. (1) at least a consultaiton with an attorney about pleading (2) Talked to Legal aid (3) consulted a libray, (4) found advice on the internet.
There is a second part to Foulston’s ablity to maintain a 90% conviction rate that will be published very shortly. the average about of cases that are presented for prosecution and not charged by her office is 1000 per year. I know this is a shocking number but is it absolutly true. That is 1000 victims in the city of Wichita alone being ignored by the district attorney’s office every year. Detectives from that WPD who fear to step forward because of Nola’s revenge tipped Schoenhoffer’s campaign off about it. A subsequent Kansas Freedom of Information act filing to WPD proved it. If the case is not a slam dunk, she wont file it. Why do you think the cops call her no-file Nola?