OTTAWA, Kansas — Prosecutors have withdrawn subpoenas for records of an eastern Kansas man accused of killing three adults and a toddler earlier this year.
The subpoenas were mentioned at a status hearing in Franklin County District Court on Tuesday for 28-year-old Kyle T. Flack, who is jailed on $10 million bond on charges of capital murder, first-degree murder, rape and criminal possession of a firearm.
Flack is accused of killing 30-year-old Andrew Adam Stout, 31-year-old Steven Eugene White, 21-year-old Kaylie Kathleen Bailey and Bailey's 18-month-old daughter, Lana-Leigh.
Prosecutors on Tuesday withdrew the requests for subpoenas issued in October under seal for various "business records." Flack's attorney, Ron Evans, said in October that request was for mental health and prison records. Evans also said the prosecution sought records related to witnesses in the case.
The state did not rule out making a similar records request in the future, The Lawrence Journal World reported (http://bit.ly/1bnLeuR ).
The state's attorney general's office, which is handling the prosecution, has said the state isn't commenting about motions filed under seal.
The prosecution on Tuesday also filed a second motion for DNA testing of five items that forensic experts have said could be destroyed during testing. Evans told the judge he planned to object to DNA testing on those items. Evans has until Dec. 10 to file his objection.
Additional status hearings are set for Dec. 20 and Jan. 16, with a two-day preliminary hearing beginning March 11.
Information from: Lawrence (Kan.) Journal-World, http://www.ljworld.com