Friday, Aug. 01, 2008

DA, sheriff's races heat up in primary

The Johnson County district attorney and sheriff races pit political novices against veterans. In the district attorney race, private-practice attorney Steve Howe will face District Attorney Phill Kline in Tuesday’s Republican primary. The winner will face Democrat Rick Guinn, a former Johnson County assistant district attorney and current deputy attorney general, in the Nov. 4 general election.

In the sheriff race, Ken Smith will challenge incumbent Frank Denning in the primary. With no Democratic challenger in the general election, the winner of the primary will be the county’s next sheriff.

The Olathe News asked the candidates in the primary races the same questions regarding their plans if elected and their views about the positions. Here are their answers:

DISTRICT ATTORNEY 1. If elected, what are the goals for your term as district attorney? Kline: Firmly establish the needed changes that allow full collaboration and cooperation between federal, state and local authorities so that those who harm Johnson Countians face the most severe penalty.

Previously, with both of my opponents working here, the office often refused to hand cases over to federal authorities even when criminals faced longer sentences for white-collar crime, certain drug and child exploitation crimes and gun crimes.

Howe: Re-establish public safety as priority one, return professionalism to the conduct of the office and restore the public’s trust in the office.

2. How do you plan, or what initiatives do you have planned, to reduce crime in Johnson County?

Kline: I have worked with law enforcement from investigation through conviction and sentencing, and been successful. Our jury trial conviction rate is the highest it’s been in five years, our case backlog is reduced, and we’ve been successful in every major case the office has received.

We will continue our metro-wide approach to preventing crime by applying all resources available to keep the safety of our residents a priority. An example of this approach is the Cyber Crimes Task Force that I helped establish that has already placed over 100 Internet predators of children in prison. The CCTF is comprised of law enforcement around the metro area and has been used as a model for other states across the nation.

I will continue to utilize every resource to make sure that those who seek to harm the residents of our community will be discovered, prosecuted and face a severe penalty for their actions.

Howe: • Target the career criminals who are not amenable to rehabilitation and work with law enforcement and channel additional resources towards the prosecution of these individuals. Through aggressive prosecution of these cases, we will seek increased prison sentences.

• Provide a comprehensive training and continuing education program for attorneys and interns to insure more effective and efficient performance of staff.

• Reinstate an aggressive Consumer Protection/ White Collar Crime Unit to protect the public and businesses in the community.

• Lead an effort to bring about non-court-related sanctions and accountability to first-time juvenile offenders for certain minor offenses.

3. What professional experience qualifies you for the position of district attorney?

Kline: I have practiced, authored and enforced law for over 19 years. My experience includes appearing in cases in federal courts in Illinois, Kentucky, Kansas and the United States Supreme Court.

I have managed complex litigation such as representing the State of California in their prison-expansion projects in the 1990s to arguing and winning before the United States Supreme Court to personally prosecuting and convicting John Henry Horton of murder in a 34-year-old cold case.

I have managed offices. As attorney general, I oversaw the Kansas Bureau of Investigation and AG’s office — totaling over 400 employees and over $20 million. I have managed the DA’s office with over 100 employees and a budget exceeding $6 million. These resources are efficiently allocated to keep our community safe, and I have always come in under budget.

Further, our results demonstrate our success: (a) highest jury-trial conviction rate in five years; (b) winning every major case including Horton, Ellmaker, Hall and Cullen; (c) reduced case backlogs and greater performance measurements.

I have also demonstrated that I am willing to make the tough decisions and lead. I have been tested and proven.

Howe: • 18 years as a professional prosecutor • conducted more than 90 jury trials • prosecuted hundreds of violent criminals • managed many divisions of the office • established the first white-collar crime unit in the office • led a successful fight to persuade the Legislature to increase the sentences for abuse of dependant adults,and strengthened statutes on reporting of abuse of dependent adults. • successfully advocated for a disaster ordinance adopted by the county and various cities. The ordinance protects citizens from fraudulent companies who often appear after storm disasters.

4. Why are you better suited for the job than your opponent?

Kline: Simply put, my experience and accomplishments dwarf that of my opponent. I am the only candidate that has successfully represented the citizens of our community and state in courtrooms across the nation, including the United States Supreme Court. I have managed over 60 successful murder prosecutions, successfully led investigations into capital-murder crimes, managed large staffs of over 400 people, managed multi-million dollar budgets, and my opponent has never done any of those things.

I also helped write many of our state laws, including authoring and pushing through Jessica’s Law, which strengthens penalties on those who harm children.

Further, my prosecution experience is much more thorough. My opponent has never successfully led the prosecution of a murderer. He sat second chair in one case and failed to win a conviction on the biggest case of his life, a man named Nugene Wilson who murdered his own father. Then my opponent made another critical mistake by failing to schedule a new trial soon enough. Wilson would have walked free if we had not caught my opponent’s mistake.

The other cases he talks about involve lesser crimes, defendants who represented themselves, many of which never even went to trial.

In 15 years, he was simply not trusted enough to handle big responsibilities. He never managed another assistant district attorney.

I do not discount his 18 years of experience but simply showing up does not prepare a person to handle major cases or seek a major leadership position in your first effort at leadership. Compare us by our results: John Horton — guilty; Edwin Hall — guilty, waiver of all appeals, life without parole; Matthew Cullen — guilty of rape, sentenced to 25 years; Andrew Ellmaker — guilty and sentenced to 50 years without the possibility of parole.

Howe: I have 18 years experience as a prosecutor. My opponent has but 18 months. I have conducted over 90 jury trials. My opponent has second-chaired one jury as he attempts to learn the ropes in the courtroom.

My opponent’s lack of experience and skill has earned him the rebuke of the court on at least three separate occasions. I place public safety as Job One. My opponent, however, has pushed public safety to the back burner. Attorney turnover in the office is unprecedented — 18 attorneys in 18 months have left the office, including six hired by my opponent himself.

5. How will the prosecution of Planned Parenthood continue under your leadership? Kline: I will do my duty regardless of the power and threat of those who oppose me. At every turn, there have been efforts to discourage me from enforcing our state law when it comes to this case. The pressure has been intense, and few people have what it takes to stand in there and do what is right under so much political pressure.

My opponent has been endorsed by the liberal MAINstream Coalition, a group that opposes this prosecution. Yet every single judge who has reviewed the evidence has found probable cause to believe that crimes have been committed by Planned Parenthood. Those cases always go to trial.

The evidence is not new. It existed here in Johnson County during the time (Paul) Morrison was in office, and the law could have and should have been enforced by those who worked for him, including my opponent. Instead, they remained silent or attempted to harm the investigation. This is wrong.

My opponents both claim they will handle the case right, but they have remained silent on the sidelines or actively tried to kill a legitimate investigation because of the political and monetary power of those charged with crimes.

All politicians claim to be pro-life, even Gov. Sebelius and Bill and Hillary Clinton. The measurement is whether you will do the right thing when facing pressure to do otherwise. Mr. Morrison and my opponent have chosen to take the easy and comfortable political path rather than do their duty and enforce the law. I took an oath to uphold the law and that is what I will do.

Howe: This case should be treated no different than any other that comes through the office. If the law has been broken, the case should be prosecuted. Period. It makes no difference the prominence of the defendant or his or her political affiliations.

The case shall proceed as dictated by the law and the evidence. A major change in the prosecution of this, and all other cases handled by the office, is that I will not publicly discuss the details of pending cases at public spectacles like rallies and speaking tours or be the paid entertainment at special-interest group functions.

SHERIFF 1. If elected, what are the goals for your term as sheriff? Denning: The obvious goals are the completion of the New Century jail expansion, to allow the cessation of “farming” inmates to other counties and the development of a new, up-to-date crime lab to keep Johnson County current with the most modern and effective crime-fighting techniques.

Less obvious from the outside is what we’ve begun with staff development. We need to continue the changes that we began regarding the management of the Sheriff’s Office. The office is home to an extremely talented cadre of the most highly trained professional men and women working in law enforcement today. Many are nationally recognized experts in the fields of detention, forensics, firearms and tactical operations. We have established an atmosphere of collaboration across our ranks and must continue the development of the future leaders.

Smith: Reduced spending, streamlined operations and accountability to the people of Johnson County. I will operate the Sheriff’s Office within its budget while returning the high level of morale the current administration drove away.

I will also put forth initiatives to drive down the escalating crime and recidivism rates. Studies show that jails offering basic drug- and substance-abuse programs boast recidivism rates 20 percent lower than those without. Most of these programs can be conducted at no expense to taxpayers, yet none currently exist.

Inmates will also be punished, as much as legally possible, to give them a reason not to return to our jail.

2. How do you plan, or what initiatives do you have planned, to reduce crime in Johnson County?

Denning: The Sheriff’s Office has as its primary patrol responsibility the cities of DeSoto (pop. 5,700) and Edgerton (pop. 1,700) as well as the unincorporated areas of the county. About 3 percent (15,000) of the estimated 530,000 population lives in unincorporated Johnson County. The office takes a proactive approach in the areas of Internet crimes, DUI reduction, drug interdiction and truck-weight enforcement and works with all of the municipal police departments in the county to conduct warrant sweeps, deliver crime lab and CSI services and training for their officers. As the Sheriff’s Office, we are charged with special responsibilities servicing the District Court, the county treasurer, the county assessor and several other county departments and facilities.

Smith: A major paradigm shift is required to fight crime in Johnson County. The reactive style of law enforcement employed by the old guard is no longer effective. This is evident in the 500 percent increase in violent crimes in rural Johnson County. I guarantee a proactive force responsive to the needs of the community. With real-time intelligence, we will actually catch criminals before they commit their crimes. In lieu of being politically correct, I will enforce the law and deport illegal immigrants. They are having a profound impact on our schools and county resources, and will cripple our county if we don’t take a stand.

3. What professional experience qualifies you for the position of sheriff?

Denning: I have 29 years of service with the Johnson County Sheriff’s Office, holding every rank from deputy recruit through lieutenant and undersheriff while working in the detention, patrol, narcotics and investigation divisions. I am currently the sheriff, nearly completing my first term.

I also served for six years as chief of police in Roeland Park, Kan. This experience gives me an unmatched set of qualifications and a unique understanding of the purpose, workings, authority and responsibilities of the Sheriff’s Office.

Smith: My decade of experience has been in dealing with real criminals and real problems.

After serving our country in the U.S. Marine Corps, I began my law enforcement career with the Kansas City, Mo., Police Department. I chose to further my career by enrolling in night school in pursuit of a bachelor’s degree.

In 2003, I was appointed to the Mission Police Department, where I have risen to the rank of lieutenant. I again returned to school and earned a master’s degree in business administration. I am a graduate of the FBI Executive Development Program as well as the FBI National Academy.

4. Why or why not is the quarter-cent sales tax renewal necessary to fund ongoing construction and the development of new facilities to keep Johnson County residents safe? If not, what are the alternatives?

Denning: I believe the sales tax renewal is necessary first and foremost because the crime lab will not be pursued right away, pushing a critical need out for several years. The current lab is actually operating in its fifth remodel of outdated, undersized, inadequate space. It’s about a fifth of the recommended standard for labs serving the population that we serve with the full range of forensic services that we provide.

In addition, other long-neglected criminal justice needs must be addressed. The juvenile justice facilities that handle our children are literally falling apart in some instances. Others have outlived their usefulness or are approaching obsolescence due to changes in therapeutic approach and methods for the delivery of services.

Smith: It’s regrettable that the new jail was proposed, approved and currently under construction.

The sheriff lied to the people of Johnson County because he believes the office exists to serve him. Inmates can be outsourced for less than half of what it costs to house them internally. The quarter-cent sales tax is not necessary.

There are many alternatives to reduce inmate population and recidivism, but none of them include building unnecessary new jails. A proactive Sheriff’s Office coupled with a resurgence of a partnership with local law enforcement, as well as the community, is the only answer.

5. If the sales tax renewal is approved by voters, because it won’t expire, how would you recommend those funds be directed for future public safety projects?

Denning: This process will be determined by the County Commission in its annual budget-development process. The sheriff is subject by state statute to the fiscal policies and procedures of the county. In short, I present the needs of my office, and the commission, as the sheriff’s only revenue source, determines how to fund those needs. Some needs are less discretionary than others. For instance, an expense dealing with the health and welfare of inmates is something that typically must be paid. Other items are examined carefully and prioritized first by my office before submission and then by commission as part of the overall budget process.

Smith: I believe in the people of Johnson County and have faith in their ability to make the right decision.

The sales tax initiative will not be approved. Can anyone compare the prevailing crime and recidivism rates and say, “Keep up the good work.” Can anyone look at the constant budget and tax increases and say, “Let’s have four more years of this?” I believe the good people of Johnson County are going to answer these questions Tuesday, and their answer will be, “No! We’ve had enough.” My name is Ken Smith, and as your sheriff, I’ll restore order and keep you safe!

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