Month: July 2018

Gorman explains his request for state AG to handle Schlitterbahn case

The Wyandotte Daily reached out to former District Attorney Jerome Gorman to get his thoughts about the Schlitterbahn case’s financial effects on Wyandotte County.

It was recently reported that the Schlitterbahn case could cost Wyandotte County an estimated $1 million, to be split up into two years under the Unified Government administrator’s proposed budget. The state attorney general is handling the case, and the bills for the prosecution will be sent to Wyandotte County.

District Attorney Mark Dupree told the UG Commission at a budget workshop on Thursday night, July 19, that his predecessor, Jerome Gorman, had written a letter in December 2016 asking the attorney general to review the case. Dupree said he was unaware of this letter for a long period of time. He also stated the $1 million estimate was on the high side. A story about that meeting is at https://wyandotteonline.com/da-explains-1-million-estimated-costs-for-schlitterbahn-prosecution/.

Dupree did not take office until January of 2017. The Wyandotte Daily asked Gorman if he had asked for the review of the Schlitterbahn case, and if he had a comment on the estimated $1 million cost.

Here is former District Attorney Gorman’s statement on it:

“The Schlitterbahn tragedy occurred in August of 2016. I had already lost the primary election for District Attorney. My term was to last through January 8, 2017. My office had worked with the police department through their investigation by obtaining search warrants and advising. It was clear that this matter was both complex and unique.

“On the day after the general election, the District Attorney-Elect informed seven of the most experienced attorneys in the office that he would not be retaining them when he took over as District Attorney. They immediately started looking for other employment. Two other experienced attorneys chose for their own reasons not to stay in the District Attorney’s Office.

“Because of the uniqueness and complexity of the investigation, the police department’s investigation went on for several months. I do not remember the day, but it was late November that I received a phone call from the Attorney General, Derek Schmidt. General Schmidt was inquiring about the status of the Schlitterbahn case. I told him that the police department had not yet finished the investigation and that my office had not yet received a prosecution summary from the police.

“General Schmidt knew that seven experienced attorneys were not being retained in the DA’s Office by the newly elected District Attorney. (General Schmidt hired one of them.) General Schmidt indicated to me that his office would offer to handle the matter. The police file arrived in the DA’s Office sometime in early December. Given the short time left in my term, the number of attorneys that had left for other employment already, and the complexity and uniqueness of the matter it was clear that any decisions on charging and trial of this matter would not be completed during my term.

“The Attorney General and I agreed that it would be best in this particular case to have the more experienced staff of the Attorney General’s Office review and make any charging decisions and then follow up with any prosecution that might result from his decisions. Under K.S.A. 75-702 and 75-704 county and district attorneys have the authority to request assistance from the Attorney General’s office in situations like this and many counties frequently request assistance.

“In regard to the cost of the prosecution I only have a few comments. First, I am not privy to the experts that may be employed in this matter. I am assuming that is what may be driving up the costs. Second, given what I’ve already stated about the complexity and uniqueness, it is not totally unexpected that some type of expert witnesses would be required. I don’t think this case could be prosecuted without some type or level of expert testimony. Thirdly, no matter who prosecuted this case (General Schmidt, Mark Dupree or even myself) there would have been costs as I have already stated. K.S.A. 22a-106 makes the county liable for all reasonable costs of any prosecution. That statute reads, in part:

“22a-106. Assistants, deputies, stenographic, investigative and clerical hire; appointment; compensation; district attorney and assistants full-time positions, law practice prohibited; office space; special counsel. (a) Within the limits of appropriations therefor, the district attorney shall appoint such assistant district attorneys, deputy district attorneys and other stenographic, investigative and clerical hire as may be necessary to carry out the functions of the district attorney’s office in such judicial district, and he shall determine the annual compensation of each assistant district attorney and other persons appointed pursuant to this subsection. The county commissioners shall determine and allow such reasonable sums from funds of the county for the compensation of assistants, deputies and other stenographic, investigative and clerical hire and for other expenses of such office as may be necessary to carry out the function of such office.

“Under the bold and italicized section it is clear that the county is responsible for costs. It would be up to the county (or the county administrator in this case) to challenge whether any particular costs were reasonable and pay only those that they determine reasonable. That is exactly what happens every budget cycle when the county administrator’s office and district attorney’s office determine what a budget would be. There is a line item in the DA budget for experts every year. I’m sure that these costs exceed that amount. So it wouldn’t be unusual for a prosecutor to go back to the county for additional funds to cover the expenses of this case.

“But as far as the actual amounts, I do not have enough information on those experts or other costs to be able to comment.”

T-Bones sign former Orioles pitcher

The Kansas City T-Bones announced that the club has signed left-handed pitcher Jayson Aquino for the 2018 season.

The 25-year-old Aquino was born in San Pedro de Macoris, Dominican Republic. He signed with the Colorado Rockies as an international free agent on July 2, 2009.

In 2010, at 17 years old, he began his professional career with the Dominican Summer League Rockies, going 4-3 in 12 starts, with a 1.02 ERA and 59 strikeouts in 612⁄3 innings. He also played the 2011 season with the DSL Rockies, and pitched to an 8–2 record and 1.30 ERA with 80 strikeouts in 892⁄3 innings. In 2012, Aquino pitched for both the DSL Rockies and the Rookie Grand Junction Rockies with a combined record of 10–1, a 1.66 ERA, and 110 strikeouts in 1081⁄3 innings.

In 2013, Aquino was promoted to the Short-Season A Tri-City Dust Devils and later the Class-A Asheville Tourists. He went 0–10 in 87 innings over 14 starts, with a 4.34 ERA with 73 strikeouts. He was added to the Rockies’ 40-man roster on Nov. 20, 2013. In 2014, Aquino played with the Advanced-A Modesto Nuts and the Double-A Tulsa Drillers, posting a combined 5–10 record, a 5.13 ERA, and 83 strikeouts in 107 innings pitched.

He was designated for assignment by the Rockies on Jan. 30, 2015, and traded to the Toronto Blue Jays on Feb. 4, 2015. The Blue Jays optioned Aquino to the Double-A New Hampshire Fisher Cats on March 8, 2015. On May 10, he was traded to the Pittsburgh Pirates, who traded him to the Cleveland Indians on July 29, 2015.

Aquino was claimed off waivers from the Indians by the St. Louis Cardinals on Dec. 9, 2015.He was traded to the Baltimore Orioles on April 7, 2016, where pitched for the Bowie Baysox of the Class-AA Eastern League and was an Eastern League Mid-Season All-Starbefore he was promoted to the major leagues on July 4, 2016. He made his debut that day, pitching two-thirds of an inning unscathed against the Los Angeles Dodgers, retiring both batters he faced: Chase Utley and Corey Seager.

Aquino made his first career start in the majors on April 22, 2017, for the Baltimore Orioles against the Boston Red Sox at Oriole Park at Camden Yards. He went six innings, giving up just two runs on six hits and three walks, while striking out two batters. Aquino earned the victory in a 4-2 Orioles win, the first of his Major League career.

In the majors, he pitched in a total of seven games, with a 1-2 record with 16 strikeouts over 152⁄3 innings. He elected free agency on Nov. 6, 2017, and signed a new minor league contract with Baltimore on Dec. 22. In 2018, he pitched in 572⁄3 innings over 12 games, with a 4-6 record, 40 strikeouts and a 5.15 ERA. Aquino was released on June 19, 2018.

The T-Bones will return home to Kansas City, Kansas, for a three-game series against Texas Friday night. The first game of the series is on Friday night and first pitch is at 7:05 p.m.
Individual tickets, season, group, mini-plans and nightly party suites are on sale and can be purchased by visiting the box office at T-Bones Stadium or www.tbonesbaseball.com. Box office hours are 10 a.m. to 4 p.m. Monday-Friday and 10 a.m. to 2 p.m. Saturday.

The T-Bones’ games are airing on the T-Bones Broadcast Network, http://mixlr.com/t-bones-baseball/.

– Story from T-Bones

Kansas Democrats face primary dilemma in governor’s race

by Brian Grimmett, Kansas News Service

The Kansas Democratic party hasn’t had a gubernatorial primary since 1998. The unfamiliar competition this year is forcing Democrats across the state to wrestle with their identity ahead of the Aug. 7 election.

Should their nominee be a candidate who aligns strictly with the progressive ideals of the party platform, or someone with broader appeal? Do they go with experience and name recognition, or youthful exuberance?

Is that former big city mayor Carl Brewer of Wichita? Statehouse veteran Sen. Laura Kelly? Or a fresh face like former Kansas Agriculture Secretary and one-time legislator Josh Svaty?

At the Hutchinson Airport Steakhouse where they meet every month, the Reno County Democratic Women, a group of mostly older women, were still undecided about which way to go with just weeks until the primary.

“I honestly have not made up my mind,” Sandra Gustafson said. “It’s a huge conflict.”

Gustafson is a self-proclaimed women’s rights activist.

“At this point I’m really drawn between voting long-term convictions as a woman for right to choose and the woman candidate,” she said. “And I’m also very much concerned about the lack of new blood in the party and I’m very much attracted to Josh Svaty for that reason.”

Stretching the party platform

At a debate in Wichita in early June, Kelly, the only woman in the race, one-upped the 38-year-old Svaty, who’s 30 years her junior.

“I would veto any new restrictions on women’s reproductive rights,” Svaty said to light applause.

Then Kelly, responding directly to him got a bigger cheer, “Kansas has almost nowhere else to go to restrict women’s access,” she said. “So to just say, I will veto any more, is not enough.”

Another split is gun control.

Brewer has challenged both Kelly and Svaty for having sided with the NRA in the Legislature, and he clipped their tit for tat on the subject from that June debate and other forums into a campaign ad.

“The NRA is not going to support me today and they’re not going to support me any other day because of my position on guns,” the former mayor said in June.

The candidates all agree on pushing for greater access to healthcare and increased education spending — pillars of the party platform the women gathered in Hutchinson subscribe to.

At the airport steakhouse, Bev Ooley described herself as a staunch Democrat, but, said she’s one who’d accept a Democrat with some conservative ideas, if it’s someone who can get people out to vote and win back the governor’s office. For her, that’s Svaty.

“I just like that he was young and exciting and knowledgeable,” she said. “He was just what I would think of a good candidate.”

A moderate in November

In Kansas, where voter registrations tilt heavily toward the Republican party, the Democrat has often played the moderate in gubernatorial elections.

“Democrats in Kansas are relatively in the middle just by definition,” said Kathleen Sebelius, the last Democrat to be elected governor.

Given that political dynamic, Sebelius predicts it won’t be a “wild-eyed liberal” who emerges from the primary this year.

And, she said, as the GOP veers right, a coalition builder will have the best chance in November.

“Then you would attract 100 percent of the Democrats, a chunk of the independents and a slice of moderate Republicans. That’s the formula that elects a Democrat statewide,” said Sebelius, who was herself elected statewide four times as insurance commissioner and governor.

In 2018, Sebelius is supporting Senator Kelly.

Svaty has his own establishment backing from John Carlin, who was governor from 1979 to 1987.

New energy

It was also Svaty who generated the most of the excitement at the Kansas Young Democrats annual convention in early July. Several of the dozens in attendance said they were even volunteering for his campaign.

“He has the energy that we need to defeat someone, God forbid we face someone like Kris Kobach, he has the energy to take him on,” Nick Hinman of Olathe said.

The few remaining undecideds at the convention in Lawrence said the intra-party disagreements would ultimately be good for the party.

“It’s giving people a chance to dream a little bigger than just having a Democrat,” said Elizabeth Fehr of Chanute. “We can talk more about the direction we’re going.”

Carving up the state

Shawnee County Democratic Party Chairwoman Ethel Edwards thinks most primary voters know the candidates not for their ideology, but because of geography.

“For Sedgwick County folks they’d say Carl Brewer. For Shawnee County folks they’ll say Laura Kelly, for western Kansas the Svaty folks will say Josh Svaty,” she said.

While the candidates are leaning into that — Svaty has been playing up his rural roots, Brewer his two-terms as mayor of the state’s largest city, and Kelly her tenure in Topeka — the contested primary has also forced them outside of their usual stomping grounds.

Zach Worf, Democratic Party chairman in Finney County, says western Kansas usually feels forgotten by politicians. He’s been happy to see that each one of the candidates running this year has come out to Garden City at least three or four times already.

“I will support whichever candidate has the best policies closest to lining up with me,” he said. “But understanding what that four- or five-hour drive feels like and knowing that there’s a whole ‘nother side of the state that they have to be aware of is super important.”

But appealing to western Kansans might not matter as much until the general election. More than half of registered Democrats live in either Johnson, Shawnee, Sedgwick, or Wyandotte county.

That math likely favors Kelly.

Brian Grimmett, based at KMUW in Wichita, is a reporter focusing on the environment and energy for the Kansas News Service, a collaboration of KMUW, Kansas Public Radio, KCUR and High Plains Public Radio covering health, education and politics. Follow him on Twitter @briangrimmett.
Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post.
See more at http://kcur.org/post/kansas-democrats-face-primary-dilemma-governors-race.