http://cjonline.com/news/2011-06-12/kahler-attys-judge-suppress-his-statement
Kahler attorneys to judge: Suppress his statement
Death penalty unconstitutional, defense says
June 12, 2011
"Whatever capital murder defendant
James Kraig Kahler told an investigator during questioning shouldn't be heard by Osage County District Court jurors during his trial, Kahler defense attorneys have told the district court judge in a motion.
But if Kahler is convicted of capital murder, he "likely" would receive the "discriminatory application of the death penalty," defense attorneys wrote in a motion challenging the constitutionality of the Kansas death penalty...."
more at link
And an article about the son's upcoming testimony. "Tender years". Oh, how I hope that judge and those therapists fight like heck for this child's emotional well being. He's so so fragile:
http://cjonline.com/news/local/2010-05-19/surviving_son_to_testify_in_murder_trial#.TfhcHmBqIlc
Surviving son to testify in murder trial
"A 10-year-old boy was the lone survivor of a massacre that killed his mother, two sisters and great-grandmother. And it is he who will testify next month in a proceeding involving his father, who is charged with the quadruple homicide.
On Wednesday, an Osage County District Court magistrate judge ruled Sean Kahler, now 11, will testify by a remote television hookup during the preliminary hearing of his father, James Kraig Kahler. The hearing will be June 22 and 23...."
and
"..."This is about strong emotions he has had for his father (and) the loss of his mother and sisters. Those emotions are still raw. He's in the middle of it...."
and
"...Magistrate Judge Jon Stephen Jones said the fact the boy was "
almost of tender years" influenced his decision to use the closed-circuit TV alternative. Jones said he found Sean could testify by closed-circuit TV because the boy would be traumatized in a courtroom setting and the emotional distress of being in the presence of his father would be more than "de minimis," meaning more than mere nervousness or excitement or some reluctance to testify...."
more at link