Sentencing phase for Kyle Flack begins in Ottawa

Posted at 5:33 PM, Mar 28, 2016
and last updated 2016-03-28 18:38:21-04

The sentencing phase for Kyle Flack began Monday at Franklin County District Court.

Flack is convicted of killing four people, including a child, in May 2013.

“What he did was extremely wicked, shockingly evil and vile,” Victor Braden, deputy Kansas attorney general, said.

Branden addressed the same jury that found Flack guilty last week for murders of Andrew Stout, Steven White, Kaylie Bailey and her young daughter, Lana.

The state called Lisa Smith, Lana’s maternal grandmother, up to the stand.

“She would act scared, she kind of, her eyes would open wide and she’d hang onto Kaylie or me or whoever was holding her tighter,” Smith said.

A jury convicted Flack of capital murder for the deaths of the little girl and her mother.

“He’s not all the monster that you’ve heard,” Timothy Frieden, Flack’s defense attorney, said.

The defense team says there’s a litany of reasons why he shouldn’t die for his crimes.

“What you’ve seen and what these pictures is unbelievable, but you’re going to hear from people that say, ‘That’s not the Kyle we know,’” Frieden said.

He said Flack’s rough upbringing is to blame for his poor mental health that landed him in prison once before.

“He did well in a structure environment because he came from a place that didn’t have any structure,” Frieden said.

A criminal justice professor from East Carolina University, Jonathan Sorensen, testified that Flack’s best punishment would be life behind bars.

“In Kyle’s situation with his characteristics will not be a threat for the most part to other prisoners and staff members. The likelihood is lower than the average inmate serving time under similar conditions,” Sorensen said.

Ultimately it comes down to two options for the jury.

“Life without the possibility of parole [or the] imposition of the death penalty. It is for you to decide,” Braden said.

Testimony resumes Tuesday morning.


Andres Gutierrez can be reached at

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