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October 31, 2008 Chat is closed, read transcript below.

Moderator:

Welcome to our afternoon online chat. I'm Shawn Linenberger, news editor at The Mirror of Tonganoxie. We will be joined by Leavenworth County Attorney Frank Kohl.

Frank Kohl:

Good afternoon, Shawn. Good to be with you and your readers.

Moderator:

Welcome, Frank.

We want to remind our readers that we welcome their questions for this chat, as we will be accepting them throughout the duration of this chat.

In the meantime, let's start with a question from our staff:
During this campaign, what have the been the main concerns you've heard from voters. In addition, how do you plan to address those concerns?

Moderator:

Thank you, Frank, and we continue to welcome readers' questions.

Although this doesn't directly affect Leavenworth County at this time, could you tell us your thoughts about the ballot question in that county to change how judges are seated? The measure is aimed at electing judges as would county commission or the like.

Frank Kohl:

I feel that the main issue in this election is experience. My opponent has never tried a felony jury trial while I have tried 80+

Frank Kohl:

The concerns from residents have been about the recent number of burglaries which we woor with law enforcement on a daily basis and will take a hard line approach.

Moderator:

Thank you, Frank.

Here is our first question from our readers:

vote41:

Mr. Kohl,

There seems to be an overall concern that too many cases are being plead down and not going to trial. How do you feel about that concern?

Frank Kohl:

The issue of electing Judges or appointing them was on our ballot in 2000 and although Leavenworth County voters preferred elections Atchison County kept the current system in place by a narrow margin.

Frank Kohl:

The policy on plea negotiations is that they should only occur if there is a benefit to the state. That is and always be our policy. Voilent crimes or crimes against persons and only plead out if it is at the request of the victim.

concernedintongy:

You have only gone to jury trial 5 times in 5 years. Why do you plea bargain so much?

Frank Kohl:

We do not engage in plea negotiations only for the sake of clearing cases. At times law enforcement agencies will request reduced pleas in order to use defendants as informants to solve other more serious crimes.

Moderator:

And we have another question:

justice4all:

Mr. Kohl,
There's a lot of press concerning the firing of Mr. Thompson. He says you fired him because he chose to run for your office. You said you fired him for his lack of forthrightness. I'd like to hear the whole the story.
Thanks.

Frank Kohl:

The number of cases that I personally try are usually homicides. The total number of trials are higher because other staff attorneys also conduct trials. I personally have only agreed to plead cases at the request of a crime victim who could not or did not want to endure the ordeal of testifying.

Frank Kohl:

I have not up to this time engaged in character attacks on my opponent and will not start now. WE could not operate an office when one member was openly attacking the actions of other staff members and I was told by at least three other staff attorneys that they did not trust Mr. Thompson and could not continue to work with him. The reason given at the time was mild and the specifics of incidents will remain confidential personnel issues.

Moderator:

We have time for final questions.
Here is the first:

concernedintongy:

You have at least on attorney on your staff which refuses to fully prosecute drug cases. The Levenworth Police Dept has asked you to fire or reassign her but you have not done that. Are you affraid fully execute the duties of you job?

Frank Kohl:

An interesting aside is that Mr. Thompson had told others that he had always intended to resign so that he could devote his time to his campaign.

Frank Kohl:

The attorney who was criticized on the drug case issue was reviewed by myself and the chief deputy and we learned that the cases that were not filed were never completely submitted for filing but were in a law enforcement database in another agency. We review the performance of all staff members regularly and do not accept substandard performance or lax enforcement

Moderator:

We have time for two final questions:

vote41:

What about the victims who don't have a voice, such as those who have been killed or murdered? Do you still take a hard line approach?

Frank Kohl:

I dont think any administrator enjoys having to terminate anyone but we have never shied from it when upholding the law is concerned

Frank Kohl:

Yes because we feel that the law is in place to give a voice to those who have been taken from us by violent crimes. That has been the approach I have taken in violent crimes, to enforce the law for those who have been victimized.

Moderator:

We have time for a final question.

concernedintongy:

Kansas Senator Phil Journey of Haysville was quoted as saying "It is abundantly clear to all of us on the (judiciary) committee, the Mr. Kohl simply did not do his job in this (Ricardo Flores) case." How do you respond to that?

Frank Kohl:

Obviously they have not read the Supreme Court case of State V. Kroviddi. It is an absolute bar to charging where the only violation involver was running a stop sign or stop light. I suggested changes to the law to Rep. Wilk after that case to address the bar set by Kroviddi but there was broad opposition by other jurisdictions. I had the case reviewed by the Kansas Highway patrol and by a member of the Attorney General staff and they agreed that Kroviddi was a bar to charging vehicular homicide. Sen Journey has never asked me about the case but I would be more than happy to discuss it with him anytime

Moderator:

And that is all the time we have for today's chat.
Our thanks to Frank Kohl for joining us today, and to our readers for their many questions.

Frank Kohl:

Thank you, Shawn, for the opporrtunity to chat with your readers. Frank