The Kansas Supreme Court took over two hours Monday to hear a death penalty appeal from Kyle Flack in the deaths of four people in Franklin County eight years ago.
Flack officially filed a dozen matters for appeal, but Clayton Perkins of the Kansas Appellate Defenders Office largely focused on two: insufficient time to review the case for trial and Miranda rights. Perkins says defense repeatedly requested more time to look over the evidence, saying, “preparing for trial during trial is a recipe for disaster.”
Deputy Solicitor General Kristopher Ailsleger disagreed, saying district court gave the defense team extra time on more than one occasion.
The Miranda issue follows Flack repeatedly telling investigators to “take me to jail,” which Perkins says indicated he wanted to remain silent and end the interrogation process. Ailsleger, however, says Flack never specifically told officers he wanted to end the interview — and the Supreme Court asked Perkins how his assertion was obvious when it wasn’t addressed during trial. Perkins says the context of the conversation made Flack’s intent easy to gauge.
Flack was convicted of capital murder in 2016 for killing Kaylie Bailey, her toddler daughter Lana, as well as Steven White and Andrew Stout back in May 2013. Flack was found and arrested in Emporia. Lana Bailey’s body was ultimately found in Osage County.
The Kansas Supreme Court could take several months to finalize its opinions in this case.
