She also claims that her waiver had to be written and filed in the district court. K.S.A. 0:00 1:00 Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and. color: white; The email address cannot be subscribed. TOPEKA, Kan. (KSNT) - Shawnee County District Attorney Mike Kagay held his position against a challenge from local defense attorney Joshua Luttrell. . Ecklund challenges her sentence, arguing that the district court erred by failing to get a waiver of her right to appear in person at the plea and sentencing hearing. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. The Specialty Court Funding Advisory Committee is a statutorily created 12-member committee, five of whom are appointed by the chief justice. JUMP pointed to other communities, such as South Bend, Indiana, and Louisville, Kentucky, that have seen shootings cut by about half since implementing group violence intervention strategies. ", Aurora Exon, 2, was found dead Jan 5 in a home on S.W. Read More Contact Mike Kagay's Phone Number and Email Last Update 3/11/2023 8:20 PM Email m***@snco.us Engage via Email Contact Number (785) ***-**** Engage via Phone Mobile Number (***) ***-**** Stay up-to-date with how the law affects your life. So to the extent that Ecklund challenges her conviction, we lack jurisdiction. Did the District Court Err in Sentencing Ecklund? She then asserts that Order 2020-PR-056 (which prescribes rules for using two-way audio-visual communications for court appearances during COVID-19 pandemic) required the district court to ask her whether she voluntarily waived her right to be physically present at the hearing. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Topeka police are in a staffing crisis, a union official says. 2 SAVE was launched as a case management and mentorship program for youth, when what the community actually asked for was a strategy that directly engages groups or gang members of all ages involved in shootings as they occur to deliver intervention and deter retaliation., More:Topeka police quicker to shoot Black men with knives than white men with machetes, groups say. We agree. Seonaid Nichols, the mother of Teddyand Aurora Exon, said she had agreed to let James Exonhave custody of their two children because her living situation at the time wasn't conducive to her taking care of them. Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. Your laugh was adorable when I played peek-a-boo at the window with you & Teddy. STATE OF KANSAS v. MICHELLE LEIGH ECKLUND. He is ideally suited for this new role, and we are fortunate to have him.. Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her conviction and sentence are null and void, and for such other relief deem[ed] proper.. They continue to mislead and confuse community members, some of whom are currently benefiting from the services that SAVE provides them and their families, Kagay wrote. Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934. The State's primary response to Ecklund's claim is that this court lacks jurisdiction to consider her appeal, so her appeal should be dismissed. Chuck has performed invaluable service for our office and our community for many years. Copyright 2022 The Associated Press. background-color: #f9f9f9; Get the Android Weather app from Google Play, KU student goes viral on TikTok for piano skills, Local fire department talks controlled burn safety, Emporia States Lowe wins in javelin, competes in, Rivalry between Barcelona and Madrid takes turn for, Hartman goal in 2nd OT gives Wild 3-2 win over Stars, Draymond Green ejected from playoff game for flagrant, Kings beat Warriors 114-106 to take 2-0 series lead, Brewers ace Corbin Burnes leaves game with pectoral, Kansas City homeowner accused of shooting Black teen, Sign Up For The Latest News And Emails Alerts, Burglary suspect crashes car in Shawnee County, sheriff says, Kobach, ACLU discuss trans athlete debate with Inside, Plant experts offer free help for your garden. Kagay emphasized that in order to make sure everyone gets a fair, as well as speedy trial, the courts needed more time to get control of the long list of cases. He went to explain how exactly this will benefit his constituents, as well as defendants awaiting trial. "During the trial, Exon's 6-year-old son, who was 4 at the time of his sister's death, testified that his dad locked them in their rooms for several days without food while he 'slept,'" Kagay said. Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. Investigators found that Exon would not feed or attend to his children for days because of his addiction issues, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. The district court advised Ecklund of the maximum potential sentences and fines for both offenses and of the rights that she was waiving by entering a plea. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. He testified before the jury that his father would keep them locked up in their rooms without food while he "slept for days on end," per The Associated Press. Before trial, Ecklund entered into a plea agreement with the State. The district court held a combined plea and sentencing hearing in November 2021. } . margin-bottom: 1px; The district court held a combined plea and sentencing hearing in November 2021. Occitanie, Reims, Please try again. More:Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? clear: both; Aurora Exon was found to be deceased after James Exon on Jan. 5, 2021, called law enforcement officers and rescue workers to their home at 3501 S.W. State and local courts | We thus dismiss. Ecklund alleges a constitutional violation here, not a violation of state statute. Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? "Our main thing is that he agreed five years ago to implement GVI," Ahrens said. The district court also confirmed that Ecklund was entering her plea voluntarily and without being pressured or coerced or while suffering from a mental condition or undue influence of drugs or alcohol. However, all but one of the programs referrals to date have been more minors, most of whom are referred by schools. float: right; } deem[ed] proper.". Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her "conviction and sentence are null and void, and for such other relief . Exon was found guilty of aggravated child endangerment, reckless but unintentional second-degree murder, first-degree murder in the commission of a felony, and failure by a parent to report a child's death. With the help of a $300,000 grant from the Topeka Community Foundation, a program coordinator in the district attorneys office helps pull together teams of people and mentors who can guide those at-risk individuals to make better decisions. After entering a guilty plea, Michelle L. Ecklund appeals her conviction and sentence, arguing the district court violated her right to be physically present at her combined plea and sentencing hearing because it failed to get a waiver of that right before allowing her to appear over Zoom. Sentencing was scheduled for 9 a.m.. Read all about it at https://t.co/5hc7tKm4NX. In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. We agree. 10:00 12:30 14:00 19:00. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. But we lack jurisdiction to consider an appeal of Ecklund's conviction or of Ecklund's sentence, which raises a constitutional claim for the first time on appeal. width: 57%; .widget-row.Democratic { Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Shawnee County District Attorney Mike Kagay, a Republican, announced the charges about a half-hour before Watkins, a first-term Topeka Republican, was set to appear on a televised debate. font-weight: bold; Exon's substance abuse problems led to his not feeding his kids for days, the court heard. Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. .clearfix { Seonaid Nichols said she'd beenin a relationship with James Exon from July 2014 to February 2019, though they never married. .widget-row.Libertarian { font-weight: bold; Counties | text-align: center; TOPEKA, Kan. (WIBW) - The Shawnee County District Attorney has appointed a familiar face as his new Chief Deputy District Attorney. A father from Kansas was convicted of killing his 2-year-old daughter, who, according to the prosecution, died from hunger and malnutrition while her father was "intoxicated and passed out for days on end." In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. Did the District Court Err in Sentencing Ecklund? And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { Shawnee County District Attorney Mike Kagay said Aurora was last seen alive on Dec. 26, 2021. Contact us. But as the State contends, a sentence is not 'illegal' because it fails to conform to constitutional requirements. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) (A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements.). To the extent that Ecklund challenges her sentence, a defendant may argue a sentence is illegal under K.S.A. JUMP co-chair Anton Ahrens disputed that, and said JUMP has provided lists of potential candidates to serve as mentors, but Kagay's office has failed to work with those candidates. .widget-row.Green { | Rest in peace sweet girl. Contact: Mr.Michael Kagay 785.251.4330 Phinney and Clelland, Manslaughter Charges Shawnee County District Attorney Mike Kagay announced today that he has filed criminal charges against two individuals in relation to a March traffic incident on Highway 24 that resulted in two fatalities. Kagay assumed office on January 9, 2017. All rights reserved. Mike Kagay is a District Attorney at Shawnee County based in Topeka, Kansas. | Mike is honored to serve his community as the District Attorney for Shawnee County. .widget-row.heading { The tribunal called as a witness Aurora's younger brother, who was 4 years old at the time of his younger sister's death. Prosecutor wont bring charges against accused Topeka priest, Ralph Yarl described as excellent student and talented musician at Staley High School, Team coverage: Charges filed in shooting of Ralph Yarl, Family of teen shot on Northland doorstep speaks about his achievements, the road ahead. 2022 Supp. by creating support teams around individuals deemed at risk of falling into violent lifestyles. When the father called to report Aurora's death on January 5, 2021, authorities found . Investigators found that Exon would not feed or attend to his children for days because of his addiction issues, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. background-color: grey; "James" Exon on Monday of crimes that included first-degree murder and second-degree murder in the January 2021 malnutrition death in Topeka of his 2-year-old daughter, Aurora Exon. https://t.co/FIKseHZswa, Aurora's mother, who did not have custody of the two kids, last saw her daughter on December 26, 2020. 2022 Supp. .widget-row { All rights reserved. From this she implies that present means physically present. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. Kagay, in a written statement to The Capital-Journal, disputed JUMPs allegations. Kagay, a Republican, said he already has begun to address many of those issues during his tenure as district attorney. margin-bottom:0px; background-color: #003388; Jeffrey Exon called authorities to the home on Jan. 5, 2021, when Aurora was found dead. Newton, the New Life Baptish Church pastor, said JUMP may pursue other funding or agency options to create its own group violence intervention program, should Kagay be unwilling to listen to the organizations concerns on SAVE. } .widget-key { 223602 from taking a direct appeal from the sentence imposed." Instead, K.S.A. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. Shawnee County District Attorney Mike Kagay's original report stated, per PEOPLE, "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an appearance that she had been dead for several days. Occitanie. Michael Kagay (Republican Party) is the Kansas Third Judicial District Attorney. Follow him on Twitter at @byRafaelGarcia. background-color: white; Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. font-weight: bold; She has not done so. Aurora's 6-year-old brother, Teddy Exon, who was 4 years old at the time of her death, testified during the father's trial. border: 1px solid #a2a9b1 !important; ': Here's how Topeka's SAVE initiative is working to prevent violence. https://t.co/VSAx4oBVqh, https://people.com/crime/dad-convicted-murder-passing-out-drunk-for-days-daughter-died-malnutrition/, https://www.cjonline.com/story/news/local/2023/04/11/topekan-convicted-in-malnutrition-death-of-his-2-year-old-daughter/70102083007/, https://www.brennanmathenafh.com/obituaries/aurora-exon, Cover Image Source: (L) Shawnee County Department of Corrections ; (R) Brennan Mathena Funeral Services. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. Kevin Keatley is a Deputy District Attorney at Shawnee County based in Topeka, Kansas. Zoning and Floodplain Administrator . width: 100%; In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. More:Topeka police are in a staffing crisis, a union official says. Shawnee Co. DA appoints familiar face as new Chief Deputy DA, SE Topeka shooting leaves 1 person deceased, Kansas officials hunt for suspect that caused hit-and-run on I-70, Game Wardens warn against mushroom hunting in barred Kansas preserve, Rollover crash in South Central Kansas claims life of one woman, Salute our Heroes: Topeka man feeding the community, Shawnee County District Attorney Mike Kagay. Story continues. Topeka police quicker to shoot Black men with knives than white men with machetes, groups say, As YWCA Northeast Kansas hosts Week Without Violence, 'There's always work to be done'. We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .succession-table th, .succession-table tr { Shawnee County District Attorney Mike Kagay commented on this high number, saying he is saddened by the numerous incidents. color: white; For this reason, he explained the law Kansas had in place detailing the timeframe for a speedy trial was suspended temporarily to give workers the chance to get up to speed. On January 5, 2021, at about 10 a.m., Exon called the police to his Topeka house. background-color: grey; Authorities. If they are aware of anyone who would benefit, they should make the referral., More:As YWCA Northeast Kansas hosts Week Without Violence, 'There's always work to be done'. vertical-align: top; .widget-row.value-only.black { How to run for office | Monday's verdict came after about two hours, 20 minutes of deliberation. Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. Elections in 2023 | Ecklund may thus not file a direct appeal from a plea unless she first moves to withdraw her plea and the district court denies that motion. 22-3504. 10th Ave. Aurora Exon had recently been "starving herself," James Exon told the dispatcher. But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). Please, https://ballotpedia.org/wiki/index.php?title=Michael_Kagay&oldid=8672114, Pages using DynamicPageList3 parser function, Current municipal officeholder inside coverage scope, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. TOPEKA ( KSNT) - A man accused of killing his 2-year-old child has been convicted in Shawnee County. Jusqu' prsent, les critiques n'ont pas t ajoutes. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). When the session first began, Kagay spoke with KSNT 27 News to discuss the significant backlog of cases the courts are facing following the shut-down of the pandemic. font-weight: bold; 2022 Supp. margin: auto; background-color: #f9f9f9; Ecklund alleges a constitutional violation here, not a violation of state statute. Nouvelle-Aquitaine, Montauban, TOPEKA, Kan. (AP) A Catholic priest in Topeka suspended from his public duties after being accused of sexually abusing a minor will not face criminal charges in the case. But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). But we lack jurisdiction to consider an appeal of Ecklund's conviction or of Ecklund's sentence, which raises a constitutional claim for the first time on appeal. Now, a little more than a month later, he said he has good news to report. Aurora Exon seemed "perfectly fine" when she and Teddy Exon visited Nichols and her boyfriend at St. Marys on Dec. 26, 2020, the last time Nichols saw her alive, Nichols said. Shawnee County district coroner Altaf Hossain testifiedat James Exon's preliminary hearingin June 2021 that Aurora Exon died of marasmus, a former of malnutrition, which wasdue to the negligence of her father. Exon was convicted of aggravated child endangerment, first-degree murder in the commission of a felony, reckless but unintentional second-degree murder and failure by a parent to report the death of a child. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. The Legislature established the committee to: evaluate resources available to assess and treat people assigned to specialty courts or for operating specialty courts; secure grants, funds, and other . font-weight: bold; The investigation revealed Exon suffered from addiction issues and would spend days without feeding or attending to his children, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. It fails to conform to applicable statutory provisions ( c ) defines an illegal as... P.3D 701 ( 2012 ) the programs referrals to date have been more minors, most whom. 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Jumps allegations to address many of those issues during his tenure as district Attorney, michael F.,... A.M. July 28 by Shawnee County based in Topeka, Kansas had recently been starving! May argue a sentence is not 'illegal ' because it fails to conform constitutional... July 28 by Shawnee County district Attorney Exon, 2, was found dead Jan 5 in a statement! Problems led to his not feeding his kids for days, the heard... Kan. 84, 89, 273 P.3d 701 ( 2012 ) called the to... And Derek Schmidt, Attorney general, for appellee address many of those during... November 2021. February 2019, though they never married, all but one of the referrals..., we lack jurisdiction auto ; background-color: white ; the email address can not be subscribed thing! Has changed and what still needs to be fixed email address can not be subscribed they... Shawnee County a plea agreement with the State contends, a union official.... He went to explain how exactly this will benefit his constituents, as well as defendants trial... On some recent crime that has been convicted in Shawnee County district.... County based in Topeka, Kansas he is ideally suited for this new role and... A defendant may argue a sentence is not 'illegal ' because it fails conform! Kevin Keatley is a Deputy district Attorney at Shawnee County district Attorney Mike Kagay said Aurora was seen. On appeal are not properly before the appellate court for review what still needs to be?., a defendant may argue a sentence is not 'illegal ' because it fails to conform to applicable provisions! Exactly this will benefit his constituents, as well as defendants awaiting....