Baby's body stuffed in suitcase, dumped in creek - KCTV5


Baby's body stuffed in suitcase, dumped in creek

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Kyle T. Flack, 28, Ottawa, who is charged in connection with the killing of three adults and an 18-month-old girl in spring 2013, talks Monday morning with his court-appointed lawyer, Ronald Evans, in Franklin County District Court. Kyle T. Flack, 28, Ottawa, who is charged in connection with the killing of three adults and an 18-month-old girl in spring 2013, talks Monday morning with his court-appointed lawyer, Ronald Evans, in Franklin County District Court.

A judge ruled Tuesday that incriminating statements made by accused murderer Kyle Trevor Flack can be heard during his upcoming trial.

Flack, 28, is accused of killing three adults and a child on a farm near Ottawa last year.

Prosecutors presented evidence about the moments when the killings began and Flack's actions after the initial shooting.

Flack is charged with capital murder, first-degree murder, attempted rape and criminal possession of a firearm. Franklin County District Judge Thomas Sachse will decide if prosecutors have enough evidence to try the case.

The bodies of 30-year-old Andrew Stout, 21-year-old Kaylie Bailey and 31-year-old Steven White were discovered last May. The body of Bailey's 18-month-old daughter, Lana-Leigh, was found several days later in Osage County.

The baby had been stuffed into a suitcase dumped into Tequa Creek in Osage County just across the Franklin County line.

A deputy searching for the missing baby made the gruesome discovery. Diapers and papers with the baby and mother's names were found near the suitcase.

The shotgun was recovery from a municipal trash dump in Emporia where Flack was arrested.

Bailey was dating Stout and took her daughter to see Stout on May 1. White was allegedly killed first and Stout on April 29.

Prosecutors haven't said yet if they'll seek the death penalty against Flack.

Franklin County Sheriff's Detective Jeremi Thompson testified that Flack told investigators during questioning before he was formally charged May 9, that Stout argued with White over rent and followed him to the garage carrying a shotgun. Flack told authorities that Stout fired on White, hitting him in the chest, and then handed the gun to Flack.

"I shot him, he dies," the investigator said Flack told him.

White wasn't bleeding but not dead after the first gunshot. He was shot in the chest and head.

Thompson said Flack then said he and Stout put a tarp over White's body and then placed cinder blocks on the tarp, before they went back in the house to smoke marijuana. Flack claimed that Stout cleaning the gun after the shooting.

Defense attorney Ron Evans argued that the comments shouldn't be admitted because they came after Flack had asked Thompson if he needed a lawyer. The judge ruled that the comments were properly acquired and could be used.

The two interviews with Flack were done over a 10-hour period. He asked about getting an attorney 23 minutes into the second interrogation, but never directly asked to exercise his right to an attorney.

Authorities say Flack was friends with Stout, and that White was Stout's roommate.

Flack sat quietly in an orange striped prison jumpsuit, shackled at the wrist and ankles.

Family members became emotional during the testimony on Tuesday, which at times was grisly. Stout and Bailey were found inside the master bedroom.There was a "Japanese fetish rope" on top of Stout's body, according to testimony on Tuesday.

Testimony indicates that an attempt was made to rape Bailey. Bailey was naked from the waist down and her hands were bound behind her back with zip ties.

Similar black zip ties were found in a duffel bag that Flack owned. The duffel bag was found when he was arrested in Emporia on May 8.

A preliminary hearing was started Tuesday afternoon to determine if prosecutors have enough evidence to warrant a trial.

The hearing resumes Wednesday.

Altogether, almost 30 witnesses were heard over the course of nearly 8 hours. Law enforcement officials, crime scene technicians, family and friends were among the witnesses.

If Flack, who is being held on $10 million bond, is convicted of capital murder in the deaths of Bailey and her child, he could face the death penalty. The top defender for the Kansas death penalty unit is handling Flack's case.

Prosecutors, who originally sought to have the preliminary hearing closed to the public, are expected to reveal more details as the hearing unfolds and will call about 40 witnesses, including law enforcement and relatives of the victims.

Authorities have not indicated if they intend to seek the death penalty. No one has been executed in Kansas since 1965.

Flack is also charged with criminal possession of a firearm. He cannot legally have a firearm because he spent four years in prison on a 2005 conviction for second-degree murder before being paroled in 2009.

His mother told KCTV5 that her son has said to her, "It is what it is." She said she can tell from looking at his eyes that he knows what happened, but she said she doesn't know if he committed the murders.

Copyright 2014 KCTV (Meredith Corp.) and Associated Press. All rights reserved.

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