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Great niece of civil rights activist: Hispanics in Kansas must support other minorities

By Paige Henderson
KU Statehouse Wire Service

TOPEKA — Jacquie Fernandez-Lenati, the great niece of prominent labor leader and civil rights activist Dolores Huerta, gave a powerful speech Wednesday, April 3, about the importance of Hispanic civic engagement at the eighth annual Hispanic Day at the Capitol.

Hispanic Day at the Capitol is a free-to-the-public event hosted by the Kansas Hispanic and Latino American Affairs Commission as a way to celebrate the additions and accomplishments made possible by the Hispanic and Latino communities in Kansas.

Dolores Huerta was a leader in the Chicano civil rights movement and a co-founder of the United Farm Workers labor union. Her great niece, Fernandez-Lenati, encouraged the audience to “show up” as Hispanic and Latino citizens.

“The power is in the person. It’s not in the title. It’s not in the position — it’s the person,” Fernandez-Lenati said. “I became an activist before I could even read.”

Fernandez-Lenati reinforced the importance of voting and letting Latinx voices be heard.

“You don’t have to run for office to impact change,” Fernandez-Lenati said.

She also encouraged the Hispanic and Latino community to support other minorities, such as the LGBTQ and African American communities.

“When minorities join together, we become the majority,” Fernandez-Lenati said.

Other prominent speakers included Acting Secretary for the Kansas Department of Labor Delia Garcia, Topeka Mayor Michelle De La Isla and Evergy CEO Terry Bassham.

Richard Martinez, the interim executive director of the Kansas Hispanic and Latino American Affairs Commission, took time to recognize each speaker and reinforced the importance of Fernandez-Lenati’s words.

“You have to be confident and know that you have a place at the table,” Martinez said.

The Kansas Hispanic and Latino American Affairs Commission was established in 1975 in the effort to eliminate official neglect and provide opportunities for Hispanic advancement in Kansas.

“At the end of the day, we have more in common than not,” Fernandez-Lenati said. “We have to shift our thinking to the next level.”

Paige Henderson is a University of Kansas senior from Lenexa majoring in journalism.

Missouri man sentenced for heroin trafficking

SPRINGFIELD, Mo. – A Springfield, Mo., man has been sentenced in federal court for possessing heroin to distribute, according to the United State’s Attorney.

Jones -photo Greene Co.

Danny R. Jones, 37, was sentenced by U.S. District Judge Roseann Ketchmark on Friday, April 5, to 18 years in federal prison without parole.

On June 27, 2018, Jones pleaded guilty to possessing heroin with the intent to distribute.

Law enforcement officers, prior to executing a search warrant, established surveillance of Jones’s residence on May 10, 2016. Officers saw Jones leave his residence, driving a Ford Taurus. An officer stopped the vehicle for an improper license plate and arrested Jones, who was driving while having a revoked driver’s license. The officer searched the vehicle and found a diaper bag on the passenger-side rear seat. Inside the diaper bag were several clear plastic bags that contained a total of 190 grams of heroin.

Jones is one of eight defendants charged in this case, all of whom have pleaded guilty, and is the final defendant to be sentenced.

Dismembered horse found at Missouri park was longtime family pet

KANSAS CITY, Mo. (AP) — A horse whose dismembered remains were found in a Kansas City park was a family pet that was pregnant.

photo courtesy Fox4Kansas City WDAF -TV

Miguel Valdez told WDAF-TV that breaking the news to his children was difficult. But he said it was equally disturbing to go to animal control and identify the mare, named Senaida, which the family had owned for nine years. He says he’s “upset and angry.” The horse was at a friend’s farm in Kansas City, Kansas, when it went missing.

A man playing disc golf found the animal’s remains a week ago in Kessler Park. Police there say the horse appeared to have been prepared for consumption. After the meat was removed, the carcass was placed in a barrel and dumped in the park.

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KANSAS CITY (AP) — Animal control officers in Kansas City are investigating how the dismembered remains of a horse ended up in a city park.

photo courtesy KCMO

A man playing disc golf found the remains Monday evening in Kessler Park.

Police spokesman Capt. Tim Hernandez says the horse appeared to have been prepared for consumption. After the meat was removed, the carcass was placed in a barrel and dumped in the park.

The horse’s head, hooves, legs, entrails, ribs and lungs were scattered in the area.

Hernandez said in a news release that a veterinarian will determine the time and cause of the horse’s death.

Animal control will lead the investigation unless it is determined the horse was stolen.

Decades After ‘In Cold Blood,’ Kansas Tried To Prevent Publication Of Investigator’s Notes

 

Kansas will have to cough up more than $168,000 in legal fees over its attempt to prevent the publication of investigative files related to the murders portrayed in Truman’ Capote’s book “In Cold Blood.”

A newly published book on the 1959 murders of four members of the Clutter family in Holcomb, Kansas, draws in part on private notes by one of the lead investigators in the case, the late Harold Nye of the Kansas Bureau of Investigation.
ECLECTIC-INDULGENCE.BLOGSPOT.COM; LITERATI EDITIONS

The book, which Capote called a nonfiction novel, brought decades of attention to the slayings of four members of the Clutter family in their Holcomb, Kansas, home in 1959.

“I’m delighted with the decision,” said O. Yale Lewis Jr., the Seattle lawyer who stands to reap most of the legal fees. “The state’s position was that you could invoke the power of the judicial system and then, if the court concluded the injunction was wrongful, say, ‘Oh, we’re sorry, we’re protected by sovereign immunity.’”

Lewis represented Ronald Nye, the son of Harold Nye, and Gary McAvoy, a literary memorabilia dealer in Seattle. The KBI and Kansas Attorney General Derek Schmidt sued the pair six years ago to prevent Nye and McAvoy from selling or publishing Harold Nye’s notebooks.

They argued the material belonged to the state because Harold Nye was a state employee. Ronald Nye said he recovered the notebooks from a wastepaper basket after his mother tried to throw them away.

The Clutter family home in Holcomb, Kansas.
CREDIT THE CLUTTER FAMILY HOME IN HOLCOMB, KANSAS. CREDIT SPACINI AT ENGLISH WIKIPEDIA / WIKIPEDIA COMMONS

Shawnee County District Judge Larry Hendricks initially granted the state’s request for a temporary order blocking the sale or publication of the notebooks. But he reversed himself 20 months later after concluding their sale and publication were protected by the First Amendment and the Kansas Constitution.

Hendricks subsequently awarded attorney fees and costs to Ronald Nye and McAvoy. The Kansas Court of Appeals upheld that ruling, along with ordering the state to pay legal fees Nye and McAvoy incurred in connection with the state’s appeal. 

Even though Harold Nye was promoted to assistant director and eventually director of the Kansas Bureau of Investigation, McAvoy said that during the litigation, “the state argued that he was a liar and thief … In that process, they said many nasty things about him that were completely untrue in order to swing the court in their favor.”

Author and literary memorabilia dealer Gary McAvoy, whose book about the Clutter murders draws in part on the personal files of the late Harold Nye, one of the lead investigators on the case.
CREDIT LITERATI EDITIONS

“For me, it’s not about the money,” McAvoy said in a phone interview. “It’s the righting of an injustice. They dragged Harold Nye’s good name through the mud in the process. Not only was it wrong and unfair, it was almost like win-at-any-cost on their part.”

A spokesman for the Kansas Attorney General’s office said it had no comment on the Kansas Court of Appeals decision.

As it happens, McAvoy published his book about the Clutter murders just a few weeks ago.  Drawing in part on Harold Nye’s notebooks, the book, “And Every Word Is True,” purports to contain new disclosures about the Clutter murders and suggests they were contract killings and not, as has generally been thought, a robbery gone bad.

Nearly 60 years on, the Clutter case continues to fascinate, largely because of Capote’s book. “In Cold Blood”  has sold millions of copies and never been out of print since its publication in 1966.

The killers, ex-cons Richard Hickock and Perry Smith, were arrested six weeks after the murders of Herb Clutter, 48, a prosperous wheat farmer; his wife, Bonnie, 45; and their two youngest children, Nancy, 16, and Kenyon, 15. (The couple’s other two children were not at home.) The four had been bound and gagged and then killed by shotgun blasts at close range. Hickock and Smith were eventually executed.

Not long after the crimes, Capote and his childhood friend Harper Lee (famed as the author of “To Kill a Mockingbird”) traveled to Kansas to research the case. Capote published his book six years later.

In ordering the state to pay Nye’s and McAvoy’s attorney fees, the Kansas Court of Appeals agreed with Hendricks that the fees all stemmed from the wrongfully issued injunction sought by the state.

“Judge Hendricks’ decision clearly and, I think, articulately found that the right to publish the material was protected under both (the U.S. and Kansas) Constitutions,” said Lewis, Nye’s and McAvoy’s lawyer. “That’s an extremely important decision because one might look back and say, ‘Well, of course.’ But that’s not the way it all started out.”

Dan Margolies is a senior reporter and editor at KCUR. You can reach him on Twitter @DanMargolies.

Group: Missouri charter schools miss out on revenue

JEFFERSON CITY, Mo. (AP) — Missouri’s charter schools have missed out on millions of dollars in local funding over the past decade, according to an industry group.

The Missouri Charter Public School Association told the St. Louis Post-Dispatch that a fiscal review reveals funding inequities dating to 2007 when the state changed its laws regarding school aid distribution.

Lawmakers didn’t allow the state Department of Elementary and Secondary Education to grant charter schools the same local tax revenues that other public schools receive, such as the merchants and manufacturers tax, the group said.

The changes also froze funding from property taxes and other regional fees for charter schools. The state calculates that portion of local funding from 2005 figures for charter schools, while public schools see taxes based on the previous year’s revenue.

In St. Louis, property tax revenue has increased by roughly 28% from 2005 to 2017, but charter schools haven’t seen a financial boost, according to the association.

“None of this was intentional,” said Douglas Thaman, the group’s executive director. “It was the way the law was drafted and approved. It wasn’t some draconian plot. It’s just the way things worked out and created some unintended consequences.”

The review comes as the Legislature considers a bill to fix the funding inequities. Republican Sen. Ed Emery filed legislation this year to ensure that charter schools get “all local revenue received by the school district.

The measure passed out of a Senate committee last month. But it has received opposition from St. Louis Public Schools and the Missouri School Boards’ Association.

Brent Ghan, the school board association’s deputy executive director, said Missouri needs to address the academic oversight of charter schools first. Missouri charter schools operate separately from public school districts under their own boards.

“No matter the amount, they still are receiving some public money and as long as they are receiving public money, they need to be held to the same accountability standards so that taxpayers can understand how their money is being spent and if it’s being spent effectively or not,” Ghan said.

NBB Thanks Representatives for Proposed Biodiesel Tax Extension

The National Biodiesel Board is grateful that several representatives in the House introduced legislation that would provide a two-year extension of the biodiesel and renewable diesel tax incentive. The NBB says the Biodiesel Tax Credit Extension Act will provide certainty for 2018 and 2019 to biodiesel producers and their employees.

“NBB and its members are grateful to the representatives for their leadership to extend the expired biodiesel tax incentive,” says Kurt Kovarik, Vice President of Federal Affairs. “We continue to appreciate the strong bipartisan support in Congress for biodiesel and renewable diesel industry workers.” He says biodiesel companies and their workers are facing a lot of uncertainty in their future because the biodiesel tax incentive has been expired for 15 months.

“The economic pressure is building and it’s threatening the future of the industry,” he says. “It’s putting good-paying, blue-collar jobs and production of a low-carbon, domestic fuel at stake. It’s also adding economic pressure to farmers who’ve already been hit hard from both sides by unfavorable weather and trade disputes.” Kovarik adds that this bill will provide the agricultural economy some certainty and relief for 2018 and 2019.

Democrat Concerns Over USMCA Making Progress

Mexican President Obrador pledges to help make sure the nation’s Senate will overhaul labor laws to enforce workplace standards. Politico says that’s a major sticking point for American lawmakers as they look at possibly ratifying President Trump’s signature trade achievement. During a press conference, Obrador said, “We don’t want there to be any excuse to reopen the negotiations for the deal.”

The good news is that Mexican officials are optimistic the new laws will be passed soon. However, they’re less sure of the legal time frame needed to implement the changes. Congressional Democrats aren’t sure the current rules in the USMCA agreement are secure enough to enforce labor standards. Many have called for reopening the deal to strengthen that language. That’s an idea that Mexico, Canada, and the Trump Administration all oppose.

Vice President Mike Pence says the White House wants Congress to get the deal ratified by this spring. House Speaker Nancy Pelosi says she won’t bring the pact up for a vote until she sees evidence of the revised Mexican labor laws in effect. Last Thursday, the Speaker said she won’t try to use the trade pact as a bargaining chip to achieve Democratic policy priorities.

‘Just a lot of well-done corned beef’ after Missouri wreck

EUREKA, Mo. (AP) — Authorities say a weekend wreck on a Missouri highway turned into a corned beef roast.

photo courtesy Eureka Fire Protection District

The Eureka Fire Protection District says in a Facebook post that a rig carrying the meat caught fire Saturday on Interstate 44. Fire spokesman Scott Barthelmass said that the rig’s brakes ignited first, then the whole trailer went up in flames. He says that no one was hurt, “just a lot of well-done corned beef.”

Traffic also was snarled for hours in the area about 25 miles (40 kilometers) southwest of St. Louis.

Kansas sheriff’s deputy hit by pickup while working car crash

JACKSON COUNTY— Kansas sheriff’s deputy was injured while investigating an accident Saturday.

Just after 8:30p.m., the deputy was on the scene of a non-injury accident involving a 1997 Toyota Corolla and a deer on U.S. 75 north of 278th Road in Jackson County, according to sheriff Tim Morse.

A southbound 2015 Ford F-150 pickup truck failed to properly yield to emergency personnel and struck the deputy. The vehicle’s mirror struck the left arm of the deputy.

The deputy was able to complete the investigation of the first accident prior to being evaluated by medical staff. The pickup driver was cited for failing to yield to emergency personnel. The fine for failing to yield to emergency vehicles is $303.00 including court costs, according to Morse.

The sheriff also reminded drivers “Fortunately, this incident did not result in tragedy. However, the situation presents a good time to remind motorists to drive in due regard to the safety of our highway workers and public safety personnel.”

Kansas school district superintendent arrested for alleged DUI

JEFFERSON COUNTY — A Kansas school district superintendent was arrested for alleged DUI over the weekend.

Martin Stessman-photo Jefferson Co..

Just before 8:30 p.m. Saturday, The Kansas Highway Patrol arrested 55-year-old Dr. Martin Stessman, the superintendent at USD 450 Tecumseh after a 911 call reporting a reckless driver on Interstate 70, according to the Jefferson County Sheriff’s Department.

Just after 10:30p.m., Stessman was booked into jail, posted the $1000 bond and was released just before midnight.

USD 450 released no statement on the incident Sunday.

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