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Lead Story

Supreme Court rejects Morrison's “clearance letter" to Planned Parenthood
Kline had permission from judge to refer records to DA office because the records have been "protected as required"

Olathe, KS - The Kansas Supreme Court has rejected Planned Parenthood’s request for the court to consider former Attorney General Paul Morrison’s “clearance letter” as a basis for removing evidence against the clinic from District Attorney Phill Kline’s possession.

Judge Richard Anderson, who oversaw the case while Kline was Attorney General, told Kline he had the authority to transfer evidence against Planned Parenthood to other law enforcement agencies for further investigation and follow-up [link at bottom of page].

Judge Anderson has testified in open court that he was “surprised” Morrison cleared Planned Parenthood in a June 2007 letter to the abortion clinic because he thought there was reason to be concerned about the authenticity of documents supplied by the clinic.

Today’s unsealing of documents reveals that Morrison attempted to remove evidence of potential crimes from several law enforcement agencies – including the Johnson County DA office - and return the evidence to the clinic in an effort to quickly close down the investigation.

Planned Parenthood used Morrison’s “clearance letter” as the basis for a lawsuit filed against Kline before the Kansas Supreme Court.  When Judge Anderson rejected Morrison’s motion to order Kline to turn over the evidence to Morrison [link at bottom of page], Morrison joined Planned Parenthood in suing both Kline and Judge Anderson.

Both Judge Anderson and 10th District Court Judge James F. Vano have since reviewed the evidence in Kline’s possession and found that probable cause exists to believe crimes may have been committed by Planned Parenthood. 

The clinic currently faces 107 criminal counts, including 23 felonies for filing false information with the court. 

The charges are mere allegations.  Under Kansas law, Planned Parenthood is presumed innocent until and unless proven guilty.

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Judge Richard Anderson's April 2007 Memorandum Decision rejecting Morrison's effort to gather evidence and return it to Planned Parenthood.

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National Crime Victim's Rights Week

Join us this Thursday or Friday for the:

4th ANNUAL ART EXHIBIT OF

WORK BY VICTIMS AND

SERVICE PROVIDERS

And the

30th ANNIVERSARY OF THE

JOHNSON COUNTY

VICTIM ASSISTANCE UNIT

Art created by victims of crime and the people who serve them will be exhibited for two days this week in honor of National Crime Victims Rights Week. These exhibits are powerful expressions of thought and emotion and should not be missed.

Join us on Thursday, April 10th, from 6-8pm, at the Farm Market Neighborhood Cafe [map], located at 7921 Santa Fe Drive in Overland Park.

On Friday, April 11th, join us from 3-5pm at the Johnson County Central Resource Library [map] at 9875 West 87th Street in Overland Park.

If you have any questions, or would like to display a piece of art, call Allison at 913.715.3022

We hope to see you there.

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Horton convicted of 1st Degree Murder

A Johnson County jury today convicted John Henry Horton,60, of 1st Degree Murder in the 1974 kidnapping and murder of 13-year old Lizabeth Wilson.

District Attorney Phill Kline gathered with Wilson’s family, friends and members of law enforcement during a press conference after the verdict.

“To her family, Liz Wilson is forever a 13-year old girl,” Kline said.  “But through the perseverance of her family and friends, and the hard work of law enforcement, justice has been served.  I feel like I have come to know Liz through her wonderful family.”

Kline credited law enforcement’s hard work on the case, pointing out that investigators had their work cut out for them after the Kansas Supreme Court threw out key evidence from Horton’s first trial and overturned the conviction.

Horton faces a maximum sentence of life in prison and will be eligible for parole after 15 years, with credit for time already served.

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Kelsey Smith Foundation to present Safety Awareness Training

The Kelsey Smith Foundation, Inc. will conduct Safety Awareness Training at Johnson County Community College on March 12, 2008 at 12 PM.  The event is free.  Contact Johnson County Community College Student Activities at (913) 469-8500 for more information. 

Information is also available on the JCCC website here and here. 

The mission of the Kelsey Smith Foundation is to honor and perpetuate the life of Kelsey Smith by empowering families, friends, and communities to proactively protect one of its most precious resources, namely its youth and young adults.

For more events sponsored by the Kelsey Smith Foundation, visit the official web site at www.kelseysarmy.org.

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Shawna Chambless promoted to Director of Administration

On Wednesday, December 19, District Attorney Phill Kline announced the promotion of Shawna Chambless from Administrative/Fiscal Coordinator to Director of Administriation for the Johnson County District Attorney's Office.

Chambless has served Johnson County since 1998, when she started as a Juvenile Corrections Officer. She joined the District Attorney's Office in 1999 as a Juvenile Victim Advocate and stayed in the role until 2002, when she accepted the job of Administrative/Fiscal Coordinator.

Chambless has a Bachelor of Science Degree in Criminal Justice from Missouri Western State College in St. Joseph, Missouri.

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Grand jury issues indictments

In just two days of deliberations, the Johnson County grand jury has handed down ten indictments, several of which remain under seal pending the execution of arrest warrants.

Earlier this week, indictments, known as "true bills" were returned on Miles Jackson, 19, of Stillwell, who was charged with three counts of arson, and Steven Brown, charged with multiple counts of "making a false writing."

Alsothis week, true bills were returned on Imori Mumford, indicted for criminal threats against a law enforcement officer, Brandon O'Neal and Tyler Beaven, both indicted for aggravated robbery, and Brad Burford, Warren Holcomb and Erica Ritzdorf, each indicted for felony DUI.

Jackson, Brown, Mumford, O'Neal, Beaven, Burfuord, Holcomb and Ritzdorf are all presumed innocent until and unless proven guilty.

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Kline, Lenexa PD ask public to help apprehend suspect

Johnson County District Attorney Phill Kline announced criminal charges against Zeb Robertson, 27, and asked the public to help apprehend Robertson, who remains at large.

Lenexa Police Detective Jamie Rader joined Kline in requesting tips from the public in the apprehension of Robertson.

“Car theft is a dangerous crime and people should call the police immediately if they believe they have spotted Mr. Robertson,” Kline said.

Detective Rader described Robertson as a 5’10”, 180 lbs. white male with brown hair and brown eyes and said that Robertson is suspected in multiple cases of stealing 1990-1999 model Honda Accords throughout the Kansas City metro area.

The charges against Robertson include two counts of theft, but Kline said he may have information on “scores” of car thefts – almost all of them Hondas – across Kansas City.

Detective Rader said in a press conference that he has been investigating a number of very similar car thefts that began around October of this year, and that several Kansas City-area law enforcement agencies were cooperating in the investigation.

If anyone hasinformation on the whereabouts of Zeb Robertson, they should call (816) 474-TIPS.

The charges against Robertson are allegations only and he is presumed innocent until and unless he is proven guilty.

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107 criminal charges filed against Planned Parenthood

Judge finds probable cause that crimes were committed

Earlier this morning Johnson County District Attorney Phill Kline filed a 107 count criminal complaint against Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri. After reviewing the evidence presented, a Johnson County District Judge found probable cause on each count filed and ordered the corporation to appear on November 16, 2007 at 1:30 pm in Johnson County District Court. If convicted on all counts, the corporation faces more than $2.5 million in potential fines.

District Attorney Phill Kline will not comment on the charges.

Each felony count carries a potential maximum fine of $100,000 if convicted and each misdemeanor carries a maximum potential fine of $2,500.

Overall, Comprehensive Health of Planned Parenthood is charged with:

• 23 felony counts of Making a False Information
• 26 misdemeanor counts of Unlawful Failure to Maintain Record
• 29 misdemeanor counts of Unlawful Failure to Determine Viability for a Late-Term Abortion
• 29 misdemeanor counts of Unlawful Late-Term Abortion

The charges filed today are merely accusations, and Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri, Inc. is presumed innocent until and unless proven guilty.

The Johnson County Clerk of the District Court website made the following document available to the public. Due to the high volume of requests for copies of the charging document, we are providing it here.

Criminal Complaint

For media inquiries, contact Brian Burgess at (913) 940-7788

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1974 murder case bound over for trial

District Attorney Phill Kline asked a judge to bind John Henry Horton over for trial in the 1974 murder of Lizabeth Wilson

In 2004, Johnson County prosecutors failed to present enough evidence to prove that John Henry Horton should be charged with the murder of Liz Wilson, according to the Kansas Supreme Court, which overturned Horton's conviction in February of this year, just one month after new District Attorney Phill Kline took office.

Kline immediately formed a task force to re-examine the 33 year old murder case, and in late March, Kline charged Horton with First Degree Murder in connection with Liz Wilson's death.

Kline, along with Senior Deputy District Attorney Steve Maxwell, presented new evidence in the case and asked a judge to rule that probable cause existed to try Horton again. The judge ruled at the close of the preliminary hearing that Horton should be bound over for trial.

The charges against Horton are allegations only and Horton is presumed innocent under Kansas law until proven guilty.

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Edwin Hall indicted for kidnapping, rape, sodomy and murder of Kelsey Smith

The indictment takes the place of a preliminary hearing, preserving the evidence until trial

Generally speaking, an indictment by a grand jury requires a minimum of 12 grand jurors to believe probable cause exists to bind a defendant over for trial. The process accomplishes the same thing as a preliminary hearing, with three notable exceptions.

First, defenese attorneys do not get the opportunity to cross-examine witnesses or object to evidence being presented to the grand jury.

Second, the evidence presented to the grand jury remains sealed until trial, protecting sensitive information from public disclosure until trial, and ensuring that potential jurors only see the evidence for the first time in the court room.

Third, in place of a single judge, the determination of probable cause rests with the grand jury, where 12 of 15 people must vote to indict a defendant.

The charges against Hall are allegations only and Mr. Hall is presumed innocent under Kansas law.

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DA office policies posted online

The entire office policy manual is now accessible to the general public.

August 1, 2007 - As part of an open government initiative, District Attorney Phill Kline informed the Johnson County Board of Commissioners that he would make the District Attorney Office Policy Manual available online.

The files have recently been converted to PDF format and have been posted under the "Mission" link.

Click HERE to go straight to the policy directory where the files can be viewed by category.

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Life in prison for Andrew Ellmaker

Matt Zenner and DA Phill Kline address the media after Ellmaker's sentencing

Judge Ruddick imposed the "Hard 50" sentence - meaning Ellmaker is not eligible for parole until he has served at least 50 years in prison.

July 20, 2007 - Olathe, KS - Convicted of murdering his social worker, Teri Zenner, Andrew Ellmaker will spend at least the next 50 years in prison.

Judge Ruddick rejected the argument by Ellmaker's attorneys that he should receive leniency because of a mental illness, an argument Ellmaker's attorneys did not use as a defense during the guilt phase.

Teri Zenner's husband, Matt, was joined by Teri's father, Andy Mathis, and other members of the Zenner and Mathis families, as the victims were allowed to address the court.  All of the family members asked Judge Ruddick to sentence Ellmaker to the "Hard 50" sentence. 

Andy Mathis told Ellmaker that while he struggled with the idea, he forgave him for his actions, based on his religious views as a Christian.  However, Mathis added, forgiveness does not mean Ellmaker should be exempt from whatever punishment he deserves.

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Kline files new and amended charges against Edwin Hall

Hall faces capital murder, rape, aggravated sodomy, kidnapping, and two unrelated counts of aggravated indecent liberties with a 14-year old girl

July 12, 2007 - Olathe, KS - Johnson County District Attorney Phill Kline today filed a Capital Murder charge and added charges of rape and aggravated sodomy against Edwin R. Hall for the death of 18 year old Kelsey Smith after she was abducted on June 2, 2007. 

Capital Murder carries one of two possible sentences, death by lethal injection or life in prison without parole.  Rape, Aggravated Kidnapping and Aggravated Sodomy each carry a possible sentence of 653 to 147 months in prison depending on the person's criminal history.

District Attorney Kline has not yet decided whether he will file notice of intent to seek the death penalty.  That decision must be made within 5 days of the arraignment which generally occurs after the preliminary hearing.

Judge Peter Ruddick revoked the bond set and ordered Hall held without bond pending the capital murder charge in accordance with the State of Kansas constitution.

Hall Charged with two Counts of Aggravated Indecent Liberties

In addition to the amended charges filed Tuesday, Kline also filed unrelated charges of aggravated indecent liberties against Hall involving a 14-year old girl in 2004.

Hall's preliminary hearing is set for August 15, 2007 and a motion hearing is scheduled for July 13, 2007 at 11:00 am.

Hall is presumed innocent under the law and the charges are mere allegations.

Click HERE for additional coverage from the Kansas City Star

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Two convicted rapists sent to prison

Matthew Cullen and Momodou Jallow sentenced Wednesday

Matthew Cullen was sentenced to 25 years in prison as part of a plea deal, while Momodou Jallow recieved the maximum sentence allowed under the law for his offense,18 years and 10 months in prison.

Click the links for additional coverage in the Kansas City Star on Cullen and Jallow.

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Phill Kline meets with Commissioners to discuss operations at the DA office

Performance statistics debunk false claims from critics

Olathe, KS - Thursday, June 22, District Attorney Phill Kline met in public with Johnson County Commissioners to discuss the overall operation of the DA office.

While there, Kline presented operating data and other information that directly refuted claims from critics, including statistics which proved jury trial results were better than last year, and in linewith the office average. So far this year, the office has tried 23 cases in front of a jury, getting convictions on 70% of the cases. Last year, the conviction rate was just 65%.

Kline also shared information about the juvenile and domestic violence units, and released operating statistics that were contrary to what some have claimed in the media.

Click HERE to view selected slides and stats from yesterday's meeting.

Video and print coverage are available from Fox 4 TV.

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Edwin R. Hall charged with premeditated first degree murder and aggravated kidnapping

Preliminary Hearing set for August 15

At 9:49am on June 7th, 2007, District Attorney Phill Kline filed charges against Edwin R. Hall for the kidnapping and murder of Kelsey Smith.  Mr. Hall has been charged with first degree murder and aggravated kidnapping.  He faces a minimum sentence of 25 years to life in prison for the murder charge, and 147 months for aggravated kidnapping.  

Mr. Hall's next scheduled appearance is set for August 15, 2007 at 9am, in Division 1 (Judge Ruddick's court) on the 8th floor.

The charges are merely allegations. Mr. Hall is presumed innocent as a matter of law.

Criminal Complaint (PDF)

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Cullen found guilty of rape, aggravated kidnapping after pleading 'no contest'

Agrees to serve 25 years in prison as part of plea deal

On Tuesday, May 29, 2007, Matthew J. Cullen plead no contest in court to charges of rape and aggravated kidnapping.

"Twenty five years is an extraordinarily long sentence for anything but a murder charge," said District Attorney Phill Kline. "The victim supported the plea agreement and justice has been served."

Cullen was arrested by police after choking and sexually assaulting a woman near Blackbob and Mur-Len roads, while she was walking on a trail.

Additional coverage of this story is in the Kansas City Star.

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The Olathe News: Kline, Morrison numbers not so different 

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Jury finds Ellmaker guilty of first degree murder, aggravated battery

Teri Mathis Zenner was a Johnson County Social Worker with a "heart for service."

The packed courtroom let out a collective sigh of relief today as the judge announced that Andrew Ellmaker was found guilty of first degree murder in the 2004 killing of social worker Teri Mathis Zenner. The jury also convicted Ellmaker of aggravated battery with great bodily harm for stabbing his own mother during the same incident.

Teri had been married to Matt Zenner for only three months when she went to Ellmaker's house on a routine visit and was attacked and killed by Ellmaker.

"This community was dealt a terrible loss and the family and friends of Teri Zenner suffered an unspeakable tragedy when her life was taken by a brutal murderer," said District Attorney Phill Kline. "Her voice was heard today.  Teri had a heart for service and she will be missed."

The family and friends of Teri Zenner have established a Memorial Scholarship in her honor. On June 16, 2007, they will host the Teri Mathis Zenner Memorial 4-Mile Run Walk to benefit the "advancement of social welfare."

More information can be found at www.terizenner.com

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Guilty verdict in nursing home rape trial

Jury rejects "consensual sex" defense

A jury on Wednesday found Momodou Jallow guilty of one count of rape and one count of attempted rape of two patients at a local nursing home. The crimes occurred in late 2005 and early 2006. The case was heard this week in Johnson County District Court in Olathe.

Full Story

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