Flack’s parents and a few family members and friends of the victims were in attendance in the sparsely filled court room Thursday morning for the brief status conference in Franklin County District Court, 301 S. Main St., Ottawa. A bearded Flack sat silently by Ronald Evans, his court-appointed defense attorney, throughout the proceeding.
The prosecution team of Victor Braden, deputy attorney general for the state of Kansas, Stephen Hunting, Franklin County attorney, and James Ward, assistant Franklin County attorney, filed a motion to subpoena a business’s records. The business was not identified and the motion has been sealed by the court.
Evans, head of the Kansas Death Penalty Defense Unit, said he understood the subpoena was for Flack’s mental health and prison records, according to a media report. Evans could not be reached Thursday to confirm this report.
Franklin County District Judge Thomas H. Sachse said Thursday he would rule on the state’s motion at 1:30 p.m. Nov. 26. The late November court date is intended to take the place of the originally scheduled Dec. 19 status conference, because of a conflict with the court’s schedule.
Judge Sachse granted defense attorney Evans 14 days to respond to the state's motion.
The first pretrial hearing is scheduled for 9 a.m. March 11, 2014.
Flack has been charged with two counts of capital murder, four counts of first-degree murder, rape and criminal possession of a firearm in the deaths of Steven White, 31, Andrew Stout, 30, Kaylie Bailey, 21, and 18-month-old Lana Leigh Bailey. The three adult bodies were found May 6 and May 7 at a residence at 3197 Georgia Road, west of Ottawa. The infant’s body was discovered May 11 in Osage County by an Osage County Sheriff’s deputy. Authorities have not released details about their deaths, but have said a gun was used in the commission of some of the crimes.