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The Wichita Massacre on Remand

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John Hanna reports for AP:

Kansas' top court wrestled Thursday with whether it can mandate new, separate sentencings for two brothers facing execution for four notorious slayings that became known as "the Wichita massacre."

Jonathan and Reginald Carr had a joint trial and sentencing hearing over dozens of crimes in Wichita in December 2000 that ended with three men and a woman shot to death in a snow-covered soccer field. The crimes were among the most notorious in the state since the 1959 slayings of a western Kansas family that inspired Truman Capote's book "In Cold Blood."

This is the second time the Kansas court is considering whether the brothers -- who turned on each other at trial -- should have been sentenced separately. The court in 2014 listed their being tried and sentenced together as among the most serious flaws that made the court proceedings so unfair that the men should be re-sentenced, but the U.S. Supreme Court ordered another review.
The Kansas court's decision in the Carrs' cases inspired vigorous but unsuccessful attempts to oust six of the seven justices in elections in 2014 and 2016. The U.S. Supreme Court declared in a sometimes scathing opinion by the late conservative Justice Antonin Scalia that the joint sentencing hearing didn't violate the U.S. Constitution.

"They said that with some pretty strong language, that it would require 'extravagant speculation' to conclude that it was unfair and that it's 'beyond reason' to think that it's unfair," Justice Caleb Stegall told Jonathan Carr's attorney during Thursday's arguments.

The brothers are among 10 men on Kansas' death row, though the state has not executed anyone since hangings in 1965.

Prosecutors said the brothers broke into a home and forced the three men and two women there to have sex with each other and later to withdraw money from ATMs. The women were raped repeatedly before all five were taken to a soccer field and shot. Four victims died: Aaron Sander, 29; Brad Heyka, 27; Jason Befort, 26; and Heather Muller, 25. One of the women survived to testify against the Carr brothers.

CJLF filed an amicus brief in the U.S. Supreme Court for itself, NDAA, and CDAA.

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We should not forget that Sotomayor wanted to let the KS Supreme Court's erroneous decision stand.

She is unfit for the bench for so many reasons--this is one of the biggest reasons.

And the judges on the Supreme Court of Kansas that twisted the law to help out brutal killers deserve the white hot hatred of the surviving victim and the other victims' families. It appears, of course, that even now they are searching for a way to add a years to the long wait for justice. What utterly contemptible people.

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