MONDAY,AUG.20,2001
STATE
THE UNIVERSITY DAILY KANSAN = 15A
Local abortion dispute settled
Board of Healing Arts unanimously approves deal with local provider
The Associated Press
TOPEKA — A Lawrence abortion provider accused of performing an abortion against a patient's wishes won't be punished under an agreement approved by a state regulatory board.
The 15-member Kansas Board of Healing Arts on Satur-
dayvoted unanimously to accept a settlement with Kristin Neuhaus that requires she keep a more detailed consent form and comply with the law.
"We're already doing everything that was recommended," Neuhaus said after the hearing.
Neuhaus was accused of performing an abortion on a patient who withdrew consent on June 7.2000.
Kelli Benintendi, an attorney for the Board of Healing Arts, has said the woman only wanted a local anesthetic and withdrew her consent to the procedure
after she was sedated with Diazepam.
Neuhaus said the woman was told Diazepam would have to be used because of the age of the fetus, and the woman consented to the procedure.
Under the agreement with the board, Neuhaus must comply with state laws on sedating and monitoring patients, keep proper medical records and inform patients about the probable gestational ages of their fetuses.
Neuhaus said she still might have to close her clinic because of debt and legal fees.
"We're already doing everything that was recommended."
Kristin Neuhaus
Lawrence abortion provider
She said the clinic was $40,000 in debt, partly because regulators temporarily shut it down last year during their investigation. She also said she had about $5,000 in outstanding legal expenses.
Accused murderer gets child custody
Old ruling overturned state law allows defendant to keep murdered wife's 5-year-old daughter
The Associated Press
HUTCHINSON — A Rice County judge has awarded custody of a 5-year-old girl to her father, who is charged with murdering the child's mother.
Rice County District Judge Don Alvord initially granted custody of Emily Corbett to her maternal grandparents, Diana and George Abney. But that decision was overturned Tuesday by Judge Barry Bennington.
turned Tuesday, of jayne Bennington said he found no evidence under Kansas law that Emily was in need of care from anyone besides her surviving parent. The Abneys turned Emily over to her father, Trevor Corbett, 27, of Sterling, on Thursday.
Corbett is charged with first-degree murder in the June 26, 2000; slaying of his former
wife, Crystal Casey. His preliminary hearing is scheduled for Thursday in Reno County District Court.
A Kansas Social and Rehabilitation Services attorney said Friday that state child custody law afforded Corbett the presumption of innocence and that the charge against him was considered insufficient under Kansas law to cost him custody of his daughter.
"Defendants are presumed innocent and capable of taking care of their children," said Roberta Sue McKenna, an SRS attorney for children and family policy. "That doesn't switch until and if a conviction is handed down."
McKenna said there was a section of the state statute that cleared the way for a custody switch if another child in the home had been injured or abused. But there is no similar provision governing the abuse or killing of one parent by another.
Until recently, Kansas parents retained post-conviction custody of their children, even in the circumstance of one spouse
"Defendants are presumed innocent and capable of taking care of their children. That doesn't switch until and if a conviction is handed down." Roberta Sue McKenna SRS attorney
killing another. But a new state law strips parents of custody if they have been convicted of murder, McKenna said.
"Now, Kansas has a procedure where the court can presume a parent unfit," McKenna said. "Once a parent is convicted, they are presumed unfit."
HOLTON — A Jackson County jury acquitted Richard Bradley Jr. on charges that he and two classmates planned a Columbine-style attack on Royal Valley High School.
The Associated Press
Jury acquits ex-student of planned school attack
"I'm just glad it's all over with," Bradley said. "I'm glad the truth got out."
Bradley, 18, had been charged with conspiracy to commit aggravated arson or, in the alternative, solicitation to commit aggravated arson, two counts of criminal use of explosives, and one count each of aggravated intimidation of a witness and criminal threat. He was acquitted on all counts.
The former Royal Valley senior was arrested along with fellow students Jason Moss and James Lopez on Feb. 3 in connection with a plot involving homemade bombs and a semi-automatic assault rifle.
Authorities searched the three boys' homes and seized weapons, long black coats, hand-drawn plans of the school and instructions and materials that could be used to create crude bombs.
As District Judge Tracy Klinginsmith dismissed the jury at about 9:15 p.m., about 20 people in the courtroom erupted in applause, then surrounded Bradley, offering hugs and congratulations.
On Friday, Bradley's family and friends awaited the jury's verdict after more than 12 hours in court. Many of his supporters wore buttons declaring him "The real victim of RVHS."
Bradley's family refused to
"I'm just glad it's all over with.I'm glad the truth got out."
Richard Bradley Jr.
Acquitted student
comment on the jury's verdict.
Athena Andaya, an assistant attorney general who prosecuted the case, limited her remarks to thanking the jurors for their service.
The case went to the jury at about 6.30 p.m., after four days of testimony from more than three dozen witnesses.
Defense attorney Richard Lake summed up his defense by listing each witness and recalling their testimony. For many, he simply stated that their testimony concerned Moss and Lopez and not his client.
Lopez, 17, was convicted in April on one count of criminal use of explosives and one count of criminal threat as part of a plea agreement to testify against his co-defendants.
Moss, also 17, is awaiting trial on Aug.27 on charges of conspiracy to commit aggravated arson or, in the alternative, solicitation to commit aggravated arson, two counts of criminal use of explosives and one count each of aggravated intimidation of a witness and criminal threat.
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