BTK

Transcript of the Dennis Rader proceeding

Following is the entire proceeding, as transcribed by court reporter Connie Uphaus. Statements labeled "The Court" were uttered by District Judge Greg Waller:

THE COURT: All right. At this time comes on before the Court the case captioned State of Kansas, plaintiff, vs. Dennis L. Rader, defendant. Case No. is 2005 CR 498. This matter comes on for arraignment. Are the parties ready to proceed?

MS. FOULSTON: State is ready to proceed, Your Honor. For the record, District Attorney Nola Foulston appears by and for the State of Kansas with Deputy District Attorney Kim Parker, Deputy District Attorney Kevin O'Connor, and Assistant District Attorney Aaron Smith.

MS. MITCHELL: Your Honor, Dennis Rader appears in person and by counsel, Chief Public Defender Steve Osburn, Sarah McKinnon, Assistant Public Defender, and myself, Jama Mitchell, Deputy Public Defender, and we are ready to proceed, Your Honor.

THE COURT: All right. Let us proceed at this time then. What is the defendant's announcement?

MR. OSBURN: Your Honor, we have received a copy of the Information. We would waive a formal reading. At this time the defendant would stand mute as to plea and ask the Court to enter the appropriate plea and set the matter for trial.

THE COURT: Very well. On the defendant standing mute, the Court will enter a plea of not guilty. I will set this matter for jury trial on June 27th at 9 o'clock in the morning. Thank you very much.

MS. FOULSTON: Your Honor, at this time the State has a motion.

THE COURT: You may proceed.

MS. FOULSTON: Thank you, Your Honor.

Your Honor, at this time I have just finished signing the original and three copies of a Notice of Intent to Request a Separate Sentencing Proceeding. At this time may I approach the Clerk of the District Court?

THE COURT: You may.

MS. FOULSTON: Thank you, Your Honor.

Would you please confirm my signature, and this is the original document, and would you time stamp that for me. I have signed all copies for you.

MS. TANNER: OK, thank you.

MS. FOULSTON: Make it a little easier.

(Chief Clerk signing documents.)

MS. FOULSTON: Ms. Tanner, would you note for the record that the Notice of Intent to Request a Separate Sentencing Proceeding has been timed and dated and filed in with the Clerk of the District Court?

MS. TANNER: Yes.

MS. FOULSTON: Can you do that for the record, please?

MS. TANNER: Yes.

MS. FOULSTON: At this time, Your Honor, the Court will take the original of that document that has been file-stamped on May the 3rd at 9:01 a.m. and ask that it be officially filed as a document with the District Court and accept that as a filed copy.

THE COURT: All right. The document has been filed with the Clerk in the presence of the Court and is a filed copy.

MS. FOULSTON: Thank you, Your Honor. I will leave that with you for filing.

At this time, Your Honor, the State requests the permission to serve on the defendant and the defendant's counsel this document entitled Notice of Intent which requests to have a separate sentencing proceeding as provided by the statute.

THE COURT: You may proceed.

MS. FOULSTON: Thank you, Your Honor.

Are you Dennis Rader?

THE DEFENDANT: Yes, ma'am.

MS. FOULSTON: Mr. Rader, I am District Attorney Nola Foulston. And I am going to hand you what has been called the Notice of Intent to Request a Separate Sentencing, and this document has been prepared by the State and requests that on admission or adjudication of guilt on the crime of first degree murder of Dolores Davis, based upon the finding of premeditated murder, that the State does intend to request that in a separate sentencing proceeding to determine whether or not you should be required to serve a mandatory sentence of imprisonment of a term of 40 years. This is based upon the law called the Hard 40.

The State has alleged that there are aggravating circumstances. That you committed the crime in order to avoid or prevent a lawful arrest. And, No. 2, that you committed the crime in an especially heinous, atrocious or cruel manner. And that the term heinous means extremely wicked or shockingly evil; atrocious means outrageously wicked, vile, cruel, including pitiless or designed to inflict a high degree of pain, utter indifference to, or enjoyment of, the suffering of others.

We have also reviewed all the mitigating circumstances in this crime, and we find that there are no mitigating circumstances.

This has been signed by me. It's also been certified by the Clerk of the District Court, Susan Tanner. It's also been filed with the Court as an official document, and I have a certificate of service showing that it has been personally served on you, sir. I am giving you this document today, and I am going to give a copy directly to your counsel.

And now you have been served, sir. Thank you very much.

THE DEFENDANT: Uh-huh.

THE COURT: All right. Is there anything further at this time?

MS. FOULSTON: Not by the State, Your Honor.

MR. OSBURN: No, Your Honor.

THE COURT: Very well, the Court will be in recess.

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