Carr brothers denied a new sentencing hearing
WICHITA, Kan. (KSNW) — A Sedgwick County judge on Monday denied Reginald and Jonathan Carrs’ motion for a new sentencing hearing. It took Chief Judge Jeffrey Goering less than 30 minutes to hear testimony and decide. But the case is far from over.
There was one family member of a victim in attendance today.
Both Carr brothers were sentenced to death more than 20 years ago after a Wichita crime spree that left five people dead. The brothers, who were in their 20s when the crimes happened, are now in their 40s.
They were convicted of abusing and terrorizing five people – killing Aaron Sander, Brad Heyka, Heather Muller, and Jason Befort. Another woman survived the attack. The brothers also killed Ann Walenta and robbed another man during their week-long crime spree in December of 2000.
The late Judge Paul Clark sentenced them in 2002.
Jonathan Carr, 44, was in court with his two attorneys for Monday’s motion hearing. His brother, Reginald, 46, waived his right to be in court, but Reginald’s two attorneys were there.
The Carrs’ attorneys believe Judge Clark did not say “Count Two” when he announced the capital punishment sentence.
Julia Spainhour represents Reginald Carr.
“Count Two has not been sentenced. It needs to be pronounced by this court. The journal entry needs to be corrected,” she said. “Reginald Carr, having been placed on trial for capital murder, deserves this court to, the district court, whatever judge is sitting in this district court, to pronounce from the bench what he’s being sentenced to death for, and that has not been done.”
Attorney Mark Henricksen represents Jonathan Carr.
“We ask for a separate resentencing in open court so that Mr. Carr can hear whatever this court concludes is the ultimate amount of liability that’s been determined by the District Court of Sedgwick County,” he said. “That is a statutory right that he has, and we ask that that be allowed to happen.”
District Attorney Marc Bennett said the Carrs were sentenced correctly.
“The jury was instructed on four separate capital murders, Counts 1, 2, 3, and 4. The charging instructions broke them down into A and B,” he said.
On the journal entry judgment, it showed Counts 1, 2, 3, 4, 5, 6, 7 and 8.
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“So, when Judge Clark says, ‘Count 1, 3, 5, and 7, I impose the death sentence,’ … the Supreme Court seems to have understood that what he meant was 1A and B, 2A and B, 3A and B, 4A and B,” Bennett said.
Chief Judge Goering said the higher courts did not ask him to resentence the Carrs.
“If the Supreme Court had intended that this court resentence Mr. Jonathan and Reginald Carr on the capital murder conviction, it seems to me that that would have been included clearly in the mandate,” Goering said. “But what we have now is a conviction that’s been affirmed by the Supreme Court, both cases, a capital murder sentence that has been affirmed by the Supreme Court in both cases with no direction to the district court to resentence either Jonathan Carr or Reginald Carr on those counts.”
“Absent that, I don’t think that I have jurisdiction to resentence Mr. Reginald Carr or Jonathan Carr on either case, so the motion will be denied,” he said.
The brothers’ attorneys said they plan to appeal Goering’s decision.
Last year, the U.S. Supreme Court declined to hear the brothers’ appeal, but there are other appeals that are part of Kansas death penalty cases.
Bennett said the defense attorneys’ appeal of Goering’s decision may make it to the Kansas Supreme Court later this year or next.
“Once that’s resolved, then we come back and begin the second stage of the appeals, the 1507 ineffective assistance of counsel claim. Then that process runs its course, and then once that’s done, all of that will be appealed. In Kansas, you have the right to claim ineffective assistance of your ineffective assistance counsel, so they might appeal that,” Bennett said. “I’m not going to hazard a guess on how long that will be, but I venture to guess it’ll be longer than I’m going to be district attorney.”
Bennett’s current term in office expires in January, but he is seeking reelection.
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