By Trish Svoboda
The Kansas Supreme Court has affirmed the guilty verdicts and death sentence of Kyler Flack, convicted of the murders of four individuals on a Franklin County farm in May 2013.
Flack, 36, killed Kaylie Bailey, 21, and her 18-month-old daughter Lana Bailey, as well as Andrew Stout, 30, and Steven White, 31, using a shotgun. After days on the run, he was captured in Emporia, according to a release.
The court, in Appeal No. 115,964, affirmed Flack’s convictions for capital murder, first-degree murder, second-degree murder, and criminal possession of a firearm.
The majority of the court rejected all of Flack’s claims, including the argument that he had invoked his right to remain silent during police interviews.
Flack’s constitutional challenge to the death penalty was also dismissed, with the majority stating that Section 1 of the Kansas Constitution Bill of Rights, protecting the right to life, is not “absolute.”
Justice Caleb Stegall agreed but deviated from the majority’s interpretation of Section 1 of the Kansas Constitution Bill of Rights concerning the death penalty.
In contrast, Justice Evelyn Wilson dissented, expressing disagreement with the majority’s position on the right-to-silence matter. She called for the reversal of Flack’s convictions, the death sentence vacated, and the order of a new trial.