The Kansas Attorney General’s Office confirmed for The Herald Friday morning that a medical examiner’s report positively identified the child. The confirmation came about 72 hours before her accused killer, Kyle T. Flack, 28, is due to appear 1:15 p.m. Monday in Franklin County District Court, 301 S. Main St., Ottawa.
Flack’s preliminary hearing is expected to be scheduled during the status conference Monday afternoon before District Judge Thomas H. Sachse. The Franklin County Attorney’s office filed criminal charges May 10 against Flack, including two counts of capital murder, four counts of murder in the first degree, one count of rape and one count of criminal possession of a firearm. The two capital murder charges make Flack eligible for the death penalty if convicted.
The confirmation of Lana’s remains only reaffirms what family members and law enforcement officials said they have known since an Osage County Sheriff’s deputy discovered Lana’s body about dusk May 11 in a remote area of the neighboring county. The bodies of the infant’s mother and two other victims were discovered May 6 and May 7 on a Georgia Road farmstead, west of Ottawa in Franklin County.
“An Osage County Sheriff’s deputy discovered some items before dusk [May 11] that were believed to be connected to a homicide investigation,” Franklin County Sheriff Jeff Richards told reporters at a 1 a.m. May 12 press conference in front of his office at 305 S. Main St., Ottawa. Franklin County Sheriff’s deputies responded to the Osage County scene and confirmed the items were part of the quadruple homicide investigation, he said.
“It is with great sadness that I report a body found in Osage County is believed to be the remains of 18-month-old Lana Bailey,” Richards told reporters. “We have to wait for the forensics examination, but we are pretty confident it is Lana, making her the fourth victim in our quadruple homicide investigation.”
Family members told media on several occasions in the days after the body was discovered that they were confident the infant was Lana, based on reports they had received from law enforcement officials.
The quadruple homicide made national headlines on CNN and other media outlets, in addition to local and regional newspaper, radio and TV coverage.
Friends of Kaylie Bailey told The Herald she had been in a relationship with Stout. Flack was said to have been living at the Georgia Road home with Stout and White.
Authorities have not commented on the causes of death, nor the motives for the killings, but confirmed a firearm was used in commission of the crimes.
Flack is being represented by court-appointed Topeka attorney Ronald Evans, an experienced defense counsel in capital murder cases.
The Kansas Attorney General’s Office is serving as lead prosecutor, at the request of Stephen Hunting, Franklin County attorney, who sought to bring in additional prosecution resources for the quadruple murder. Earlier in Hunting’s career, he served as an assistant attorney general for the Kansas Attorney General’s Office as the domestic violence prosecutor, according to Herald archives.
Hunting and Richards have deferred comment about the investigation to the attorney general’s office. Other than confirming the medical examiner’s report, the attorney general’s office has not released additional information about the case.