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LYNDON — James Kraig Kahler showed no visible reaction Monday
afternoon as a bailiff announced a jury’s decision to impose the
death penalty for the slaying deaths of four family members.
The Osage County District Court jury decided at 3:25 p.m. to
recommend the death penalty after deliberating for 55 minutes.
Kahler’s parents, Wayne and Patricia Kahler, who were sitting
on the front row behind their son, also showed no emotion.
Lynn Denton, a surviving sister of victim Kahler’s wife, sat
quietly on the front row behind prosecutors. A supporter patted
her on the back as the unanimous decision was read.
On Friday, jurors convicted Kahler of capital murder, four
counts of first-degree murder and one count of aggravated
burglary, all tied to Kahler's rampage through a Burlingame home
on Nov. 28, 2009.
Slain in the shootings were Karen Kahler, 44, Kraig Kahler's
estranged wife; daughters Emily Kahler, 18, and Lauren Kahler, 16;
and Dorothy Wight, 89, grandmother of Karen Kahler. Kraig Kahler
walked into the home of Wight, gunning down his wife, daughters
and Wight. He allowed his son, Sean Kahler, then 10, to escape
unharmed.
Kahler's sentencing is to be at 9:30 a.m. Oct. 11.
Outside the courthouse, Denton, accompanied by her brother,
Bill Hetrick, his wife, Donna, and Carmen Esch, a cousin, read a
statement: "For the past year and a half, we've had a dark cloud
around us that we associated with this trial. Now that it's over,
the cloud is still there. The cloud wasn't about the trial. It is
about our loss. The verdict and sentence doesn't bring our family
back. The Kahlers, Wights, Dentons and Hetricks still have a lot
of healing to do."
Denton, Hetrick and Esch are grandchildren of Wight.
Earlier Monday, Amy Hanley, the assistant attorney general,
urged jurors to impose the death penalty, saying each of the four
slaying victims died in anguish.
Kahler’s wife, his daughters and Wight “all died with an
awareness that gave them the torture of slow death,” Hanley said.
They died with the awareness Kahler was armed with a gun, was
shooting at them and that he intended to kill each, Hanley said.
“This is the proper case,” Hanley said, to impose the death
penalty, pointing to two aggravating circumstances she said
justified the death penalty.
The aggravating circumstances were that more than one person
was killed, and the four victims were murdered in a “heinous,
atrocious or cruel manner."
“He murdered them all, one by one,” she said.
Jurors either could recommend the death penalty or life in
prison without parole.
Before deliberations began, defense attorney Amanda Vogelsberg
read two notes to jurors from Sean Kahler, now 12.
“I do not want my dad to receive the death penalty because it
would be hard on my grandparents,” the first note said.
The second note said, “I do not want my whole family gone.”
Defense attorney Tom Haney told jurors there were 12 mitigating
circumstances that outweighed the aggravating circumstances,
including that Kahler had no criminal history, he was operating
under extreme mental and emotional stress, and he had a severe
mental illness impairing his ability to think and control his
actions.
Haney also noted the two notes from Kahler’s son.
“Do you have mercy for him?” Haney said, referring to Kahler’s
son.
In Kahler’s case, prison would be worse for him than the death
penalty, Haney said, noting his suicidal tendencies and his love
of the outdoors. Throughout the trial, witnesses testified about
Kahler’s love of hunting, fishing and the outdoors.
Osage County Attorney Brandon Jones asked jurors to think about
the anguish the victims felt as jurors listened again to
recordings of one of Kahler’s daughters screaming for help as her
father walked through the home. In one recording, the dying teen
was comforted by an Osage County Sheriff’s officer.
“I don’t want to die,” the daughter told Deputy Nathan Purling.
Jones told jurors the number of aggravating circumstances don’t
have to outnumber the mitigating circumstances in order for them
to impose the death penalty. Haney told jurors if any juror found
the aggravating circumstances didn’t outweigh the mitigating
circumstances, there wouldn’t be a unanimous vote to impose the
death penalty.
“In this state, we don’t kill the mentally ill,” Haney told the
jurors.
After the verdict was returned, prosecutors Hanley and Jones
were pleased the Osage County jury had decided whether the death
penalty was appropriate for Kahler.
"We hope this gives justice to the family,"Jones said.
At sentencing, Chief Judge Phillip Fromme will decide whether
to accept the verdict.
According to Kansas law, Fromme must examine the jury verdict
imposing the death sentence to determine whether the evidence
supported the verdict. If it didn't, the judge would change
Kahler's sentence to life in prison without parole.
Prosecution evidence included testimony that:
Kahler's blood was found inside the house.
Two victims and his son identified Kahler as the shooter of
three victims.
A jacket found outside the house had Kahler's business card
in a pocket.
Neighbors saw Kahler's sport utility vehicle parked near the
shooting site and recorded the Missouri tag number, which was
registered to Kahler.
After the verdict Monday, jurors declined to talk about the
case.
Prosecutors rested their case this morning against former
Columbia Water and Light Director Kraig Kahler after a full week
of testimony focused mostly on the events surrounding his alleged
slaying of family members.
Kansas Assistant Attorney General Amy Hanley and Osage County
Attorney Brandon Jones presented little to the jury about abuse
the defendant allegedly inflicted on his wife before the Nov. 28,
2009, shootings in Burlingame, Kan. Kraig Kahler is charged in the
fatal shootings of his wife, daughters Emily and Lauren, and
Dorothy Wight, Karen Kahler’s grandmother.
Although Kahler is not charged with battery or sexual assault,
prosecutors touched on the topic Tuesday in testimony from Karen
Kahler’s divorce attorney, Dan Pingelton. He noted Karen Kahler
was involved in a relationship with another woman and that Kraig
Kahler stalked her through the Internet during divorce proceedings
and was charged with assault in relation to a March 16 incident.
But the prosecution only addressed the topic in depth after
defense attorney Tom Haney dug into it. Haney is out to prove his
client’s obsession with his wife’s relationship with Sunny Reese
and their pending divorce drove him insane. The defense likely
will highlight the order of protection this week to make its case.
“I’m afraid it will escalate so far that someone is going to be
seriously hurt,” Karen Kahler wrote in the petition.
Last week, Osage County jurors heard Reese, 42, describe the
Kahler marriage as “very abusive” but only after the defense
questioned her about it. The abuse apparently was escalating to
such a degree that Reese refused to remove herself from
involvement with the Kahlers after friends asked her to do so
after a New Year’s Eve 2008 party, Reese testified. That party led
to an argument that Karen Kahler said became physically abusive,
and she told her husband the next day that she was leaving him for
Reese.
A few months later, she reported an altercation that led to a
misdemeanor domestic assault charge against Kraig Kahler, which
was dismissed after his wife’s death.
“He asked if he could sit beside me,” Karen Kahler wrote. “I
got up and he followed me and asked for a hug. I told him no, but
he kept asking, insisting, coming toward me with his arms reaching
out to me. I continued to say ‘no’ and tried to leave the room. He
blocked my exit attempts until I could shove past him. He
continued to block my exit from the room, eventually cornering me
against the cabinet. He held me from behind in a ‘bear hug’ and
the struggle resulted in several scrapes and bruises."
Defense attorney Tom Haney does not dispute that his client
committed the Nov. 28, 2009, crime in Burlingame, Kan. Instead,
Haney said his case will show his client was not sane at the time
of the killings and will accuse a Texas woman, Sunny Reese, of
wrecking the Kahler family home and driving him to his “tipping
point.”
Columbia attorney Dan Pingelton represented Karen Kahler during
her divorce from the defendant. He said yesterday that his client
and Reese were in love. Reese was scheduled to testify today.
Kraig Kahler, former director of Columbia Water and Light, is
charged with capital murder, four alternative counts of
first-degree murder and aggravated burglary. He allegedly shot and
killed his wife, Karen Kahler, 44, and daughters Emily, 18, and
Lauren, 16. He also is accused of fatally shooting Karen Kahler’s
grandmother, Dorothy Wight, 89.
On Monday, former Osage County sheriff’s Deputy Nathan Purling
said that minutes before arriving at Wight’s home he had been
dispatched to investigate a suspicious red Ford Explorer and heard
over the police radio a report of a boy who said his dad shot his
mom. Twelve-year-old Sean Kahler, who was 10 at the time of the
killings, told the jury Monday he escaped the home when Kraig
Kahler opened fire on his mother.
Purling discovered Wight when he entered the home. He said she
was attempting to nurse a gunshot wound to the abdomen while
sitting in a recliner. With the shooting confirmed, Purling said
he immediately informed dispatch that the suspicious red vehicle
must be involved. The call resulted in a manhunt.
The vehicle was later found abandoned on the county line just
moments after it passed a deputy. The driver parked it in a
driveway and fled the scene, and the vehicle was retrieved and
processed for evidence. A perimeter, stretching two miles in all
directions, was established around the vehicle to locate the
driver.
Deputies searched for 7½ hours but did not locate the driver.
Around 7 the next morning, Shawnee County sheriff’s Deputy Ed
Nelson testified to being stopped by another vehicle while
patrolling the area. The man asked if a murder suspect was caught
yet and informed the deputy that a man just ahead was walking
along a ditch.
Nelson said he approached the man, who later was identified as
Kraig Kahler. “I’m the guy you’re looking for,” Nelson said he was
told.
Nelson said Kahler told him he was from Columbia and that his
wife had filed for divorce and she was having an affair.
Kraig Kahler also told the deputy he was armed with a holstered
revolver. Long pocket knives also were found on him as well as
hundreds of dollars in cash, pliers, gloves, a flashlight and a
mesh hunting bag. Sean Kahler testified Monday that his father
left the Meriden, Kan., family home just hours before the killings
to go to the bank.
“He appeared to be cold, tired,” Nelson said of Kraig Kahler.
A rifle box was found in Kraig Kahler’s red Ford Explorer with
a caliber size engraved on its side, said Shawnee County sheriff’s
crime scene Deputy Reanne Rice. The same caliber casing was
discovered at the murder scene. The weapon never was recovered,
but the rifle’s clip was found and collected.
Additional rifle clips were found in the vehicle, as well as a
hiking backpack equipped with supplies such as soap, lotion, hand
towels, toilet paper, cotton balls, beef jerky and trail mix. A
large amount of canned goods also were found in the vehicle
Kahler charged with capital murder
By James Carlson - CJOnline.com
November 30, 2009
LYNDON -- Armored by a
bulletproof vest, a wiry James Kraig Kahler was marched into the
Osage County Courthouse on Monday morning where he was formally
charged in the shooting deaths of his wife and two teenage
daughters and the shooting of his wife's grandmother.
Count one, the judge read aloud, capital murder
punishable by the death penalty.
Kahler didn't raise an eye from his size 10
jail slippers as four armed sheriff's deputies guided him into the
courtroom. Once inside, the 46-year-old rarely looked up during
his 15-minute first appearance.
In the alternative of capital murder, he was
charged with three counts of first-degree murder, one count of
attempted first-degree murder and one count of aggravated
burglary.
In setting Kahler's bond at $10 million,
District Judge Phillip M. Fromme said Kahler -- due to the nature
of the crime and his out-of-state residence -- presented a flight
risk.
Kahler said he had contacted Topeka attorney
Jason Belveal but wasn't sure of Belveal's credentials. Asked
about his participation, Belveal wouldn't comment Monday.
Fromme appointed the Kansas Death Penalty
Defense Unit.
A preliminary hearing was set for 1:30 p.m.
Dec. 10.
Following the proceeding, Deputy Attorney
General Barry Disney, who will lead the prosecution, said Kahler
is presumed innocent until proven guilty. The tragedy, he said,
has been difficult on the residents of Osage County.
"I don't think if it happened a hundred times
in a county people would be used to it," Disney said.
Deputies were called about 6:15 p.m. Saturday
to 905 S. Topeka Ave. just outside Burlingame, where they found
four people shot. One was pronounced dead at the scene and three
others were transported to Stormont-Vail Regional Health Center in
Topeka. Two of the three victims died shortly after arrival to the
hospital.
Karen Kahler, 44; Emily Kahler, 18; and Lauren
Kahler, 16, were identified as the deceased. Disney confirmed the
couple's 10-year-old son was also present in the home at the time
of the shootings. A neighbor on Sunday said the boy was able to
notify another neighbor about assistance.
Dorothy Wight, 89, was still in critical
condition, Disney said.
Kahler is the former director of the Water &
Light Department in Columbia, Mo. In January of this year,
Kahler's wife filed for divorce. In March, he was arrested and
charged in Columbia with third-degree domestic assault after an
altercation with his wife. By September, he was forced to resign
due to his personal problems.
His domestic assault trial was set to begin
Wednesday, and the court struggle for the couple's kids was to
continue later this month.
For much of the proceedings on Monday, Kahler
held his head in his hands and answered Fromme in short phrases.
Karen Kahler's brother and his wife sat in the
second row of benches. Their gaze rarely veered from Kahler.
Man arrested in slayings
By James Carlson - CJOnline.com
November 28, 2009
BURLINGAME -- A domestic dispute simmering 200
miles away boiled to the surface in this tiny Osage County town
over the weekend as a former Columbia, Mo., city official was
arrested Sunday in connection with capital murder in the shooting
deaths of his wife and two teenage daughters.
James "Kraig" Kahler, 46, was booked into Osage
County Jail on Sunday afternoon, just days before he was to stand
trial in Columbia for a domestic assault charge related to an
incident with his wife. Kahler's first appearance is scheduled for
11 a.m. today in the District Court of Osage County, where formal
charges are expected to be filed.
The Kansas Attorney General's Office, leading
the investigation, said Kahler also will face charges of attempted
first-degree murder and aggravated burglary of Dorothy Wight, the
owner of the home and Kahler's grandmother-in-law. As of Sunday,
Wight remained in critical condition in a Topeka hospital.
Deputies were called about 6:15 p.m. Saturday
to 905 S. Topeka Ave. just outside Burlingame, where they found
four people shot. One was pronounced dead at the scene and three
others were transported to Stormont-Vail Regional Health Center in
Topeka. Two of the three victims died shortly after arrival to the
hospital.
Karen Kahler, 44; Emily Kahler, 18; and Lauren
Kahler, 16, were identified as the deceased.
Townspeople were stunned by the news as they
smoked outside their apartment or walked into church Sunday
morning.
"I'm just sick about the whole mess," said
local resident George Masters, who has known Wight "for years and
years."
The shootings came after a year-long slide for
Kahler's marriage -- and consequently, his career.
Kahler told reporters he was looking for
"larger opportunities" for his family when he became the director
of the city water department in Columbia, Mo., in June 2008.
But a series of events changed that.
In January of this year, his wife, Karen, filed
for divorce. On March 16, Kahler was arrested after an altercation
with Karen. She filed for a court protective order against Kahler
that same day, and Kahler was later charged with 3rd degree
domestic assault.
By September, his personal life had bled into
his professional life as he was forced to resign his city position
due to "difficult family issues," according to a city news
release.
Court records show the Kahlers' divorce trial
was scheduled for Dec. 21. Court records also reveal the Kahlers
had been sparring over their children and that a hearing was
scheduled for January.
Kahler was to face a court trial Wednesday in
Columbia, Mo., connected to the domestic assault charge. Instead,
he sits in an Osage County jail cell.
Asked Sunday about a previous history of
violence for Kahler, Kansas Attorney General spokeswoman Ashley
Anstaett said, "There's been some talk about what was going on in
Columbia."
After authorities were called to the scene
Saturday, they initiated a multi-agency manhunt involving the
Kansas Highway Patrol's helicopter unit, KHP ground units, the
Shawnee and Osage County sheriff's offices, and police from Auburn
and Topeka. Law enforcement blocked about 2 miles of Auburn Road
between Auburn and Burlingame as air, ground and K-9 units
searched the area.
Kahler was finally apprehended by Shawnee
County sheriff's deputies in the area of 112th and Auburn Road at
7:27 a.m. Sunday, county dispatchers said.
Initial reports indicated a man was responsible
for the incident at a home in the small Osage County town. Police
radio traffic indicated a 10-year-old child at the house was able
to run from the scene and call for help. A neighbor, who wished to
remain anonymous, confirmed a boy at the scene of the crime had
notified a neighbor about the shootings.
Everybody in town seemed to know Wight and her
husband, George, who died a few years ago. Masters just shook his
head Sunday morning.
"They are fine people, fine people," he said of
the Wights.
Cathy Fagan, who lives across the street from
the residence, remembered her children fishing in the Wights'
pond.
"She is a wonderful lady," Fagan said.
LeeAnn Smiley, who lives next door to Wight,
called her "one strong lady." She said she had seen the family
members arrive for the holiday weekend.
The shootings were the second triple-homicide
in Osage County this year. In January, Michael Shirley shot his
three children before taking his own life in a Scranton residence.