KS - Patricia Kimmi, 58, Horton, 6 Nov 2009 - #3

[dreamweaver]

http://www.atchisonglobeonline.com/...&ArticleID=13575&SectionID=16&SubSectionID=33

The ongoing investigation to determine the whereabouts of 58-year-old Patricia Kimmi has entered another phase.

An inquisition took place Thursday in Atchison County District Court, said County Attorney Jerry Kuckelman. He added that testimony was heard over several hours, and that he expected to hear more evidence to unfold the mystery.

See link for rest of the article.

Brick by brick by brick their case is being built.
When they make the arrest (s),
the evidence will be rock solid.

 

[wfgodot]

"An inquisition took place Thursday in Atchison County District Court, said County Attorney Jerry Kuckelman. He added that testimony was heard over several hours, and that he expected to hear more evidence to unfold the mystery." -- from Atchison Globe article above.


Here is part of the Kansas inquisition statute; most states don't have such a procedure, I don't think. Kansas may be the only one. It's not unlike a grand jury, except without the jury.

22-3101: Inquisitions; witnesses. (1) If the attorney general, an assistant attorney general, the county attorney or the district attorney of any county is informed or has knowledge of any alleged violation of the laws of Kansas, such person may apply to a district judge to conduct an inquisition. An application for an inquisition shall be in writing, verified under oath, setting forth the alleged violation of law. Upon the filing of the application, the judge with whom it is filed, on the written praecipe of such attorney, shall issue a subpoena for the witnesses named in such praecipe commanding them to appear and testify concerning the matters under investigation. Such subpoenas shall be served and returned as subpoenas for witnesses in criminal cases in the district court.
...
Each witness shall be sworn to make true answers to all questions propounded to such witness touching the matters under investigation. The testimony of each witness shall be reduced to writing and signed by the witness. Any person who disobeys a subpoena issued for such appearance or refuses to be sworn as a witness or answer any proper question propounded during the inquisition, may be adjudged in contempt of court and punished by fine and imprisonment.

http://kansasstatutes.lesterama.org/Chapter_22/Article_31/

 

[little_pony]

BUMP'ing!!!

 

[jokie7348]

Checking to see if there are any new developments. I believe that LE is building and polishing their case and answers about dear Pat will be coming soon. Pat's family is always in my prayers and thoughts.

 

[nursebeeme]

"An inquisition took place Thursday in Atchison County District Court, said County Attorney Jerry Kuckelman. He added that testimony was heard over several hours, and that he expected to hear more evidence to unfold the mystery." -- from Atchison Globe article above.


Here is part of the Kansas inquisition statute; most states don't have such a procedure, I don't think. Kansas may be the only one. It's not unlike a grand jury, except without the jury.

22-3101: Inquisitions; witnesses. (1) If the attorney general, an assistant attorney general, the county attorney or the district attorney of any county is informed or has knowledge of any alleged violation of the laws of Kansas, such person may apply to a district judge to conduct an inquisition. An application for an inquisition shall be in writing, verified under oath, setting forth the alleged violation of law. Upon the filing of the application, the judge with whom it is filed, on the written praecipe of such attorney, shall issue a subpoena for the witnesses named in such praecipe commanding them to appear and testify concerning the matters under investigation. Such subpoenas shall be served and returned as subpoenas for witnesses in criminal cases in the district court.
...
Each witness shall be sworn to make true answers to all questions propounded to such witness touching the matters under investigation. The testimony of each witness shall be reduced to writing and signed by the witness. Any person who disobeys a subpoena issued for such appearance or refuses to be sworn as a witness or answer any proper question propounded during the inquisition, may be adjudged in contempt of court and punished by fine and imprisonment.

http://kansasstatutes.lesterama.org/Chapter_22/Article_31/

it almost seems like a probable cause hearing... thanks for the link/info on this process. It certainly sounds like they are doing this before they press formal charges.

 

[wfgodot]

it almost seems like a probable cause hearing... thanks for the link/info on this process. It certainly sounds like they are doing this before they press formal charges.

Inquisitions are rarely used; a reporter in Dodge City a month or so ago had to answer a subpoena to appear before one because she'd chosen not to reveal her source for an article. KS attorney general a few years back used the process to try and access abortion records.

It's interesting that they're using the process here.

 

[carbuff]

Inquisitions are rarely used; a reporter in Dodge City a month or so ago had to answer a subpoena to appear before one because she'd chosen not to reveal her source for an article. KS attorney general a few years back used the process to try and access abortion records.

It's interesting that they're using the process here.

Sounds like maybe some people didn't want to talk to LE about what they know, or didn't want to share something like private financial information?

 

[nursebeeme]

Inquisitions are rarely used; a reporter in Dodge City a month or so ago had to answer a subpoena to appear before one because she'd chosen not to reveal her source for an article. KS attorney general a few years back used the process to try and access abortion records.

It's interesting that they're using the process here.

I know, right??? I am wondering if any of the people being questioned have 'high standing' in the community, etc???? just a thought It just seems like a very strange way to "question" people in a case... Not complaining at all am just very curious as to this approach. Anyone else have any ideas on why an inquisition is being used to question people????

 

[SuziQ]

I know, right??? I am wondering if any of the people being questioned have 'high standing' in the community, etc???? just a thought It just seems like a very strange way to "question" people in a case... Not complaining at all am just very curious as to this approach. Anyone else have any ideas on why an inquisition is being used to question people????

I'm stumped, but it's pretty d*mn interesting.

 

[nursebeeme]

I'm stumped, but it's pretty d*mn interesting.

ITA (((((Q))))))))! I am stumped as well!

 

[wfgodot]

This part of the statute might be instructive, as it speaks to what the inquisition might hope to gain by the process:

22-3102: Privilege against self-incrimination; grants of immunity. (a) No person called as a witness at an inquisition shall be required to make any statement which will incriminate such person.
(b) The county or district attorney, or the attorney general, may at any time, on behalf of the state, grant in writing to any person:

(1) Transactional immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident.

(2) Use and derivative immunity. Any person granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.

http://kansasstatutes.lesterama.org/Chapter_22/Article_31/

 

[nursebeeme]

Use of testimony. If the testimony taken at an inquisition discloses probable cause to believe that a crime has been committed within the county, the attorney general, assistant attorney general or county attorney may file such testimony, together with his complaint or information, verified on information and belief, against the person or persons alleged to have committed the crime. The complaint and the testimony filed therewith shall have the same effect as if the complaint or information had been verified positively and a warrant shall there upon be issued for the arrest of such person or persons as in other criminal cases.

http://kansasstatutes.lesterama.org/Chapter_22/Article_31/

I found the above interesting about inquisitions... they CAN be used as a sort of probable cause hearing

 

[nursebeeme]

bumping up

 

[dreamweaver]

This part of the statute might be instructive, as it speaks to what the inquisition might hope to gain by the process:

22-3102: Privilege against self-incrimination; grants of immunity. (a) No person called as a witness at an inquisition shall be required to make any statement which will incriminate such person.
(b) The county or district attorney, or the attorney general, may at any time, on behalf of the state, grant in writing to any person:

(1) Transactional immunity. Any person granted transactional immunity shall not be prosecuted for any crime which has been committed for which such immunity is granted or for any other transactions arising out of the same incident.

(2) Use and derivative immunity. Any person granted use and derivative use immunity may be prosecuted for any crime, but the state shall not use any testimony against such person provided under a grant of such immunity or any evidence derived from such testimony. Any defendant may file with the court a motion to suppress in writing to prevent the state from using evidence on the grounds that the evidence was derived from and obtained against the defendant as a result of testimony or statements made under such grant of immunity. The motion shall state facts supporting the allegations. Upon a hearing on such motion, the state shall have the burden to prove by clear and convincing evidence that the evidence was obtained independently and from a collateral source.

http://kansasstatutes.lesterama.org/Chapter_22/Article_31/

Had to say an extra thank you for this....
Very interesting.

 

[nursebeeme]

bumping up for Pat

 

[harleysmom]

Praying that "the peace that passes all understanding" will surround the Kimmi kids. I didn't know their mom personally, but I can see the "fruit of her spirit" in her children. I am so blessed and humbled when I see their graciousness throughout this terrible, terrible pain. As parents, we always hope we did "ok" with our kids....I think I speak for alot of us on here when I say..."Well done Pat, well done"
I am sure your rewards are great in Heaven.

 

[soyesterday]

I just got pretty much caught up on this case. How horribly sad and scary for Pat's family. And the strength and courage from her children is amazing. It just....amazes me. I pray they will get the answers they need really soon.
This is all too much.....

 

[Fairy1]

I know, right??? I am wondering if any of the people being questioned have 'high standing' in the community, etc???? just a thought It just seems like a very strange way to "question" people in a case... Not complaining at all am just very curious as to this approach. Anyone else have any ideas on why an inquisition is being used to question people????

I've never heard of it! I'd love to know why they would go this route rather than by convening a grand jury. I'm not complaining either - sounds like they're getting the job done! It's fascinating.

I'm sure I speak for all of us here when I say I hope this process moves quickly!!!!

Prayers.

 

[soyesterday]

I found these song lyrics by a song that Micheal Buble sings and it made me think of this thread....I hope it's okay to share them.....
Part of it goes:
"Please help me mend my broken heart
And let me live again
I can still feel the breeze
That rustles through the trees
And misty memories of days gone by
We could never see tomorrow
No one said a word about the sorrow
And how can you mend a broken heart?"

This whole story just breaks my heart....i just wanted to share those lyrics that i found.....

 

[nursebeeme]

I've never heard of it! I'd love to know why they would go this route rather than by convening a grand jury. I'm not complaining either - sounds like they're getting the job done! It's fascinating.

I'm sure I speak for all of us here when I say I hope this process moves quickly!!!!

Prayers.

ITA... it is fascinating to watch them cross every t and dot every i with care.... LE has done a wonderful job with keeping the seal on everything in this case and I am so proud of them.

This whole thing also seems rather 'large' just based on the few comments we have heard from the DA and LE... questioning of multiple people that lead to others. Perhaps that alone is the sheer reason they chose to go this route with an inquisition? Either way, my hat is off to LE in this case.