Attorney calls Carr death penalty case a waste of money

Carr Brothers (KSN File Photo)

WICHITA, Kansas – The U.S. Supreme may take a look at the Carr Brothers case.

Kansas Attorney General Derek Schmidt says he will appeal recent state Supreme Court decisions overturning the death sentences.

The Kansas court overturned the Carr brothers’ sentences July 25, concluding that they should have had separate sentencing hearings.

At least one legal analyst in Wichita is asking if the death penalty in Kansas is necessary given all the legal wrangling.

“And, I am no apologist for the scumbags that commit horrible crimes. I think they should rot in a cell until they die,” said Attorney Kurt Kerns.

Kerns says, since the death penalty has been re-instated in Kansas, nobody has been put to death under the law.

He calls it a waste of taxpayer money going through the courts again.

He says the issue possibly going to the U.S. Supreme Court will severance, which in non-lawyer talk means that the Carr brothers did not get separate trials. They were tried together.

“The reality is they didn’t do it right, and I guess the question becomes, should we skimp on the scumbags? Because they really don’t deserve a fair hearing, or should we do it right?”

Kerns believes there should have been two trials, and this penalty phase legal maneuvering would not be an issue.

If the U.S. Supreme Court decides to hear the case, it could end up back here in the courts in Kansas.

Officials in Sedgwick County stress that the Carr brothers will never see the light of day.

“They both stand convicted of felony murder. They both stand convicted of capital murder. One count each,” said District Attorney Marc Bennett.

Bennett says the Carr brothers will spend at least the next 75 to 80 years in prison.

The question of the death penalty could be answered in a matter of months.

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