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THE UNIVERSITY DAILY KANSAN
WEDNESDAY, APRIL 24, 2013
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ed Press
STATE
Judge blocks auction of 'In Cold Blood' files
ASSOCIATED PRESS
ASSOCIATED PRESS
TOPEKA — A judge ruled Tuesday that investigation materials from the 1959 "In Cold Blood" murders kept by a Kansas Bureau of Investigation agent at home may not be auctioned off or publicly disclosed until he's had a chance to review them.
Shawnee County District Judge Larry Hendricks said the state could face "irreparable harm" if the materials found in Harold Nye's home became public.
The materials include Nye's personal journals, which mix notes from his KBI work with notes about personal matters, according to lawyers. The items also include copies of records and other materials about the investigation that inspired the Truman Capote classic. Crime scene photos in his possession were returned to the state last year by his son.
settled, but he left open the possibility that he could rescind it after reviewing the documents himself to determine how much private or previously undisclosed material they contain.
Ronald Nye, of Oklahoma City, kept the other materials after his father's 2003 death and gave them to Seattle memorabilia dealer Gary McAvoy to buy off. But the Kansas attorney general's office contends the materials belong to the state, and it sued last year to get them back. Another hearing in the case is scheduled for November, to determine when it will go to trial.
"Folks, I think I need to see them," he said from the bench. "I need to look at them."
Hendricks said his order will remain in place until the case is
McAvey and Ronald Nye now say they don't plan to auction off the materials, and that instead they plan to write their own book about the killing of Herb and Bonnie Clutter and two of their children at their remote farmhouse in Holcomb. Hendricks' order bars them from even speaking about the files' contents publicly.
Kyle Smith, deputy director of the Kansas Bureau of Investigation, discusses its plans for obtaining a new, $55 million lab as he shows off an existing KBI lab, in Topeka. Kan, Kyle is surrounded by equipment used by the KBI to analyze samples of biological material.
The judge said the materials fall under the Kansas Open Records Act, which allows law enforcement agencies to close their investigation records but limits the circumstances.
Tai Vokins, an Olathe attorney representing McAvoy and Ronald Nye, said they'll gather the materials in dispute and turn them over to Hendricks, so that he can review them, in hopes of getting him to modify or rescind his order.
"I'm disappointed, but at the same time, I'm glad to get the guidance from the court," Vokins said after the hearing.
The attorney general's office sued McAvoy and his business; Ronald Nye and his sister, and
Harold Nye's widow, Joyce, Vokins said Joyce Nye died recently.
Schmidt has argued that the materials should be returned to the state so that the KBI can preserve the integrity of its records and out of respect for the Clutter family.
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After the hearing, KBI Director Kirk Thompson said, "Really, the only thing I can say is that we're pleased with the ruling."
Hendricks said the parties have raised numerous issues, such as whether Harold Nye acted improperly by keeping the materials at home and whether blocking their use violates Ronald Nye's and McAvoy's free speech rights. But he said the parties need to present more evidence on those questions.
In the meantime, the judge said if he allowed disclosure of the materials without seeing them first, "they're out in the public" even if he later ruled the items should be returned to the state.
Two parolees, Richard Hickock and Perry Smith, were eventually convicted of killing the Clutters and were executed in 1965. Four years later, Harold Nye began a two-year stint as the KBIs director.
The hunt for the family's killers mesmerized the nation and drew journalists from throughout the U.S. to the small western Kansas town of Holcomb.
Hickock and Smith fled to
Florida after the Kansas murders, and authorities in December exhumed their remains to test them for DNA in the hopes that it might help lead to a break in the unsolved killing of a Sarasota, Fla., family a few weeks after the Clutters' deaths.
"In Cold Blood," which takes the reader through the killings, the Hickock and Smith's trial, and their execution is celebrated because it reads like a novel. However, scholars have long debated its accuracy.
Richard Adler, a forensic psychiatrist from Seattle, said the
documents kept by Harold Nye are significant because Capote's account of the Clutter case "may be inaccurate" in "pivotal ways." Alder attended Tuesday's hearing and said he's reviewed some of the materials in question.
"The public would have great benefit in having access to them," Adler said after the hearing. "This is a very celebrated case, and the general public's understanding of the case stems from Truman Capote's account."
CAMPUS
Student Energy Club to host innovation conference
MEGAN LUCAS
MEGAN LUCAS
mlucas@kansan.com
The University Energy Club is hosting its third annual Energy Conference this Thursday, April 25 at the Oread Hotel beginning at 9 a.m.
The conference will start with opening remarks in the Hancock Room of the Oread, followed by a keynote address from the Greg Rorrer, the former sustainability director for the National Science Foundation.
"What students don't know is that outside of health care, most businesses have a play in some kind of field." Fowler said. "There's usually a job for everybody."
A discussion panel on energy innovation will take place after a quick break.. The panelists include: Andres Caravalle, Executive Vice President of
Energy Solutions and Chief Strategy Officer of Proximetry; Marty Rosenberg, the editor in chief of Energy Central; and the Mark Lawler, Director of Development for the Grain Belt Express Clean Line.
Matt Fowler, president of Energy Club, encourages all interested in energy to attend the conference.
The discussion panel is followed by lunch and the student research symposium. A second panel discussion, presentations
"They are key players around the energy industry and are talking about what changes have been made in the world," Fowler said.
by two student researchers and closing remarks will round out the event.
If those interested in attending the conference have not previously registered, registration will be provided at the door. The registration fee is $50 for non students and non faculty.
The Energy Club was created in 2010 by two engineering students. The goal of the club is to promote collaboration to work toward sustainability.
"Their vision is still constant
and to promote dialogue between the faculty, community and students," Fowler said. "We take issues and bring in experts on all sides of it."
The club is open to all and encourages students from all interests to join.
"We try to get community members, faculty and students to interact with people in the energy industry," said Colby Arnold, vice president of the club.
Edited by Nikki Wentling
KU$\textcircled{1}$nfo
The end of World War II had an extreme effect on KU enrollment. There were fewer than 4,000 students enrolled in 1945. The numbers ballooned to more than 9,000 in 1945. Imagine KU doubling its enrollment next year...
POLICE REPORTS
Information based on the Douglas County Sheriff's Office booking recap.
- A 23-year-old male was arrested Monday on the 3600 block of 25th Street on suspicion of criminal damage to property. A $250 bond was paid.
- A 27-year-old female was arrested Monday on the 1900 block of Barker Avenue on suspicion of driving with a suspended, revoked or canceled license, no insurance and altered or defaced tag. A $300 bond was paid.
- A 28-year-old male was arrested Monday on K-10 on suspicion of driving with a suspended, revoked or canceled license and theft. A $200 bond was paid.
- A 25-year-old male was arrested Monday on the 1100 block of Peach Street on suspicion of driving while suspended and possession of stolen property. A $2,750 bond was paid.
Emily Donovan
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