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District Attorney Foulston hires special prosecutor to assist with Carr brothers appeals

April 27, 2011|By Denise Hnytka | KWCH 12 Eyewitness News

(WICHITA, Kan) — Sedgwick County District Attorney Nola Foulston has hired a special prosecutor to help finish the appeal process for Jonathan and Reginald Carr.

The brothers were convicted in 2002 for the deaths of five people and sentenced to death.

Their attorneys have filed extensive appeals, a process Foulston says has taken seven years.

"We have 20 boxes full that just make up the record of the appeal," Foulston said.

Appeals are a legal right and typical in most cases. The Carrs' attorneys have each filed more than 300 page briefs, citing at least 30 reasons their convictions for the murders of five people  should be overturned.

"Everything is in there but the kitchen sink," she said.

It's the prosecutor's job now to respond to the defense briefs, and Foulston has hired a special prosecutor to help. She says it is the most efficient way to proceed, almost ten years after the jury found the pair guilty. Foulston says while the victims families have been patient, she doesn't want them to wait several more years to see this case through.

"I know in my heart these cases were tried the best possible way, and the verdict is supported," said Foulston.

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Foulston says the special prosecutor is familiar with the case and will work on it about 15-20 hours a week. The salary will be paid by the general fund.

The County Commission approved the expenditure at it's meeting Wednesday.

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