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Prosecutors Downplay Racial Element in Kansas Murder Trial
CNSNEWS.com ^ | 10/10/02 | Jim Burns

Posted on 10/10/2002 10:08:53 PM PDT by kattracks

Editorial note: Readers may find some material in this article objectionable.)

(CNSNews.com) - Prosecutors in Wichita, Kan. are seeking the death penalty for two African-American brothers accused of murdering five white people and wounding a sixth in a shooting spree that has become known locally as the "Wichita Massacre" and the "Wichita Horror."

Some residents in the area claim the murders would have been prosecuted as hate crimes had the skin color of the alleged gunmen and their victims been reversed. However, Sedgwick County, Kansas District Attorney Nola Foulston reportedly said she would not charge the suspects with committing hate crimes because she believes the murders were motivated by robbery and not racial hatred.

Foulston noted that the state of Kansas does not have a hate crime statute. She refused interview requests from CNSNews.com for more comment on the story.

A spokesman for Foulston said the district attorney is under a gag order not to talk about the case until it's over. Attorneys Val Wachtel and Jay Greeno representing the defendants, Jonathan and Reginald Carr, confirmed they were also under a gag order.

A spokesperson for Sedgwick County District Judge Paul Clark, who is the presiding judge in the case, told CNSNews.com that the gag order was imposed during the jury selection and other pre-trial activity and was not in effect now.

Meanwhile, trial testimony continued Thursday.

The Carr brothers have been charged with 113 counts of murder, robbery, rape and other crimes. The two are accused of unleashing a crime spree that began Dec. 7, 2000 when they allegedly kidnapped a 23-year old man from a Wichita convenience store and robbed him.

Several days later, according to prosecutors, the Carrs shot a female outside her Wichita home. She died several days later from her injuries.

On Dec.14, the Carrs allegedly broke into the home of three young men who were hosting two female guests. Later that night, prosecutors said the Carrs drove the five people to a deserted soccer field, forced them to kneel in the snow and shot each of them in the back of the head.

Prosecutors said the brothers then drove a truck over the four dead bodies.

The surviving female, whose name is not being released, testified Wednesday that she ran naked for over a mile in freezing temperatures to the nearest house to get help. She also testified that a plastic hair clip deflected the bullet and prevented it from entering her skull.

She identified both Jonathan and Reginald Carr as the armed intruders who attacked her.

Her four friends who died were identified as Jason Befort, a local high school teacher; Brad Heyka, a director of finance with a local financial services company; Heather Muller, a local preschool teacher; and Aaron Sandler, a former financial analyst who had been studying to become a priest.

The trial is expected to last four to six weeks. It has sparked debate within the Wichita citizenry.

"If this had been two white males accused of killing four black individuals, the media would be on a feeding frenzy and every satellite news organization would be in Wichita doing live reports," said Trent Hungate of Wichita in a recent letter to the Wichita Eagle newspaper.

The Wichita Eagle itself, in its Thursday editorial, wrote "reliving horrible crime is hard for the community."

"The defendants are being fairly treated by the court and aggressively defended by their lawyers. We must presume their innocence until they are proved guilty. They are getting their day in court. So are the victims," the paper stated.

"The randomness of the attacks was especially chilling. It could have been anyone. But we go on with our work, hold our loved ones a little closer, and face down our fears as best we can. The survivors are showing us how," the editorial concluded.

E-mail a news tip to Jim Burns.

Send a Letter to the Editor about this article.



TOPICS: Culture/Society; Front Page News; News/Current Events; US: Kansas
KEYWORDS: blackracism; hatecrimes; mediabias; murder; nolafoulston; racism; rape; sedgwickcounty; sodomy; wichitahorror; wichitamassacre
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To: Psycho Francis
--I said 'unresolved'---

Even more of a stupid statement.

After all, Psycho, (that is your name isn't it?)

Dead is dead. Whatever the families want they can't be more than dead. Whatever the prosecutor tacks on they can't get any deader.

You've fallen into your own trap Psycho Francis Attorney at Law.

Liberals usually do.
81 posted on 10/11/2002 1:00:35 PM PDT by republicman
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To: republicman
So you're getting your panties in a wad because you think that the DA wouldn't invoke hate crime statutes even if they existed in Kansas?

But you've already told us that those statutes do exist:

Its amazing isn't it, that a DEMOCRAT DA, could be so unconcerned with there not being a hate crime statue (sic), nor investigating whether there was racial bias involved which under Kansas law enhances penalties.

Do those 'statues' exist or not? You're the only on the thread that has alluded to their existance......

And As I said earlier, the Liberal DA would never enforce such laws so why would I advocate them.

82 posted on 10/11/2002 1:12:00 PM PDT by Psycho Francis
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To: Psycho Francis
Maybe if you had the ability tor articulate, Attorney Psycho, other than babbling "race enhancement" crap I could've out this up earlier.

http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=1908

Fifth Paragraph of the section titled "Has no Bearing"

"Mrs. Foulston dodges the racial question by pointing out that Kansas does not have a hate crime statute, but the state does specify harsher penalties for bias crimes.

83 posted on 10/11/2002 1:41:25 PM PDT by republicman
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To: republicman
Sorry that you're so slow on the uptake.

So you do not know the statutes yourself, you're simply relying on frontpage.com?

Ahhhhhh.........

84 posted on 10/11/2002 1:47:32 PM PDT by Psycho Francis
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To: republicman
Yeah, that's why they call it moot.

LOL

From the article (from the American Renaissance, no less...:):

Given that the Carr brothers face the death penalty, this is a moot point, but Mrs. Foulston has made no attempt to apply these provisions.

85 posted on 10/11/2002 1:53:19 PM PDT by Psycho Francis
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To: republicman
I know it can be fun to let these idiots out themselves but otherwise it is a pointless exercise.

I suspect psycho knows perfectly well that you are right however he thinks he can throw enough nonsense into the argument to confuse at least a few.

Of course I guess there is a possibility that he really is a psycho. My guess would be a junior high student who stayed home today.

86 posted on 10/11/2002 1:54:21 PM PDT by yarddog
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To: Psycho Francis
---So you do not know the statutes yourself, you're simply relying on frontpage.com? Ahhhhhh.........---

Translation--you just lost the argument and you know it. So like a typical liberal, you'll go say that somehow the article can't be believed, while of course offering no reason why it can't, and offering NOTHING to contradict it.

Ha, what a loser.


87 posted on 10/11/2002 1:56:12 PM PDT by republicman
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To: Psycho Francis
--From the article (from the American Renaissance, no less...:):---

Wow just a minute ago you were saying the article can' be believed, now you are citing it

Psycho is too kind a word for what you are.

I think another poster has you pegged.
88 posted on 10/11/2002 2:00:12 PM PDT by republicman
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To: republicman
Looks like your frontpage.com / American Renaissance buddies have you right where they want you - all riled up and spouting their talking points.

Even they admit that the (alleged) existence of race bias enhancement (aka hate crime) statutes is moot in this case, but they need to bust someone's chops even so. That's how they keep you salivating when they ring the bell, republicman.

Let's hope that they allow you to loosen the collar at night......

Translation--you just lost the argument and you know it.

89 posted on 10/11/2002 2:04:19 PM PDT by Psycho Francis
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To: Psycho Francis
Already covered little Junior high interloper

There is no need for the 113 counts either.

you've never addressed how your precious DA would put up all those suspurfluous counts but never even investigate whether it was a bias crime. And why your psychotic liberal friends would all scream for bias crimes when Shepard and Byrd were killed (both capital crimes). But have tried to cover this one up faster than Clinton's rape.

And no internet source incited anything. What has incited me is how utterly f*&cked and cynical liberals like you and this stupid racist DA are.

You and your comrades create this crap called hate crimes and your lousy representatives can't even apply the law equally. Worthless racists. That's the face of liberalism, and its yours.

The truth is coming out about you people everywhere. Truth like that mentioned in Frontpagemag.

You say you are the Guardians of free speech, yet you are really the kings of censorship

You steal elections while piously spouting about the "need for campaign fuinance" to "clean the system"

You scream about sexual harassment but Clinton rapes and gropes and he gets a pass

You come up with hate crimes to "protect people against hate", but deliberately ignore and even foster black on white hate

THis is just another nail in your much deserved coffin.

You lost the argument, you are an idiot, and your philosphy everyday is being shown for stalinist lie it is.

The only way you people can win anymore is to lie cheat and steal. But the truth always comes out eventually, no matter how much you libturds try to hide it. And this is one of those times. So eat it and like it sh*thead.
90 posted on 10/11/2002 2:22:27 PM PDT by republicman
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To: republicman
My my, did your frontpage.com / American Renaissance handlers ring the bell again? Your mind must be squirming like a toad.

Don't know the DA, myself. Does sound quite efficient, though - in capital cases such as this, any racial bias enhancement would be superfluous, as I said early on. There's nothing to be gained by investigating a moot point (as your frontpage.com / American Renaissance handlers call it), is there?

Let's cheer the lady on, shall we, and hope for a speedy guilty verdict & execution.

Your frontpage.com / American Renaissance handlers DO want a conviction, don't they? I mean, even without additional penalties due to race bias? I mean, dead will be OK for them? Or do they go for the Miracle Max 'multiple levels of dead' theory?

you've never addressed how your precious DA would put up all those suspurfluous counts but never even investigate whether it was a bias crime.

91 posted on 10/11/2002 2:42:11 PM PDT by Psycho Francis
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To: kattracks
Interesting how they skip to the end so quickly. The article mentions the word rape once, and nothing more about sexual abuse from the entire story. Hours of rape, sexual abuse, and forced intercourse aren't a problem in Kansas?
92 posted on 10/11/2002 2:51:43 PM PDT by Teacher317
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To: Teacher317
Of course they are. The combination of those with the murders is why it's a capital case.

Hours of rape, sexual abuse, and forced intercourse aren't a problem in Kansas?

93 posted on 10/11/2002 2:53:37 PM PDT by Psycho Francis
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To: Sloth
Westerfield did just as bad to that five year old girl. What about that canibal a while back? Sex crimes do not need racial motivation. If they had burned the victims or hung them this might be a hate indication but they quickly killed them. No indication they even beat these people till dead when they ran over them.

Again here nothing indicates this to be other than a very very viscious crime. If race had anything to do with it that has not been indicated so far.

He asking if she had had sex with a black means nothing.

I personally don't see the need for a Hate Crime designation but if there is a need this doesn't merrit it.

Now if any evidence that it was race related comes out I might consider it.
94 posted on 10/11/2002 4:36:41 PM PDT by ImphClinton
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To: Psycho Francis
Then why deliberately avoid it in the report?
95 posted on 10/11/2002 5:47:29 PM PDT by Teacher317
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To: usadave; republicman; KS Flyover
I find it interesting that the Carr brothers drove a good distance from the part of Wichita in which they resided (the black section perhaps?) in order to pick victims "at random" to rob, rape, and murder.

Early on in this case it was reported Mr. Heyka used to live in Dodge City where the Carr brothers are from. Is this coincidence? (Probably).

How did these guys get into the house? It was noted one of the residents had made sure it was locked up properly before he went to bed.

Just wondering.

96 posted on 10/11/2002 6:05:29 PM PDT by I. Ben Hurt
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To: I. Ben Hurt
How did these guys get into the house?


It appears that Aaron Sander opened the door, probably after they knocked on it.

The woman testified she watched "ER" and made Befort a sandwich before the two of them went to bed for the night. He shut off the lights and locked the doors before going to bed at 10:45 p.m.

Sometime after 11 p.m., the woman testified, they heard Sander talking to someone at the front door, and a man burst into the bedroom moments later. A second armed man brought Sander into the room and gathered the other occupants into the room.

http://www.freerepublic.com/focus/news/765713/posts
97 posted on 10/11/2002 6:16:23 PM PDT by KS Flyover
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To: KS Flyover
You're right. Thanks.
98 posted on 10/11/2002 6:49:01 PM PDT by I. Ben Hurt
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Comment #99 Removed by Moderator

To: ImphClinton; junta; Ohioan; FreedomFriend; Psycho Francis
It is altogether possible that this crime was not racially inspired, either at its onset or during its progression (I am inclined to believe that it was not at the onset and became so when forced sex between the victims was demanded).

But that is not the issue.

The issues are these: first, and foremost, that this crime is one of the most horrible crimes in American history- and that issue stands on its own without further explanation. The second issue is this (and not even the liberals who downplay the possible racial implication of the crime itself can explain it)- this crime is not receiving one-one thousandth of the attention it would receive were the races of perps and victims reversed. Why? Again, why.

That's the real lesson to be learned here, a lesson in exactly how the Frankfurt School and its disciples have already won.

100 posted on 10/11/2002 7:28:25 PM PDT by Phillip Augustus
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