04/30/2005

Five documents in BTK serial killing case unsealed at request of attorneys

WICHITA, Kan. (AP) -- Five of seven sealed documents that the media, including The Associated Press, requested in the BTK serial murder case have been made public by the judge.

District Judge Greg Waller opened the documents Friday afternoon at the request of prosecutors, who said attorneys for suspect Dennis Rader agreed with the action.

Rader, 60, of Park City, is accused of killing 10 women in the Wichita area between 1974 and 1991. The former Park City compliance officer has been in custody since he was arrested Feb. 25 in what some consider the biggest criminal case ever in Kansas.

Rader's arraignment is scheduled for Tuesday. He waived his preliminary hearing April 19, acknowledging the state has enough evidence to send the case to trial.

The opened documents include the financial affidavit Rader filled out on Feb. 28; the prosecution's witness list, which includes 247 names -- including a former Wichita Eagle reporter who died in 1995; a motion asking the judge to "determine the Public Defenders conflict of interest;" and two other motions that address mail to and from Rader.

A motion filed by Rader's lawyers and the probable-cause affidavit that led to Rader's arrest remain sealed.

Deputy District Attorney Kevin O'Connor said the unsealings signal a change in the way prosecutors will deal with the case.

"We were using an abundance of caution because attention to this case is unprecedented," O'Connor said. "Now we will look at whether it's required."

On Wednesday, the AP, The Wichita Eagle, the Kansas Press Association and television stations KWCH, KAKE and KSNW filed motions requesting the documents be unsealed.

O'Connor said the motions didn't have an impact on the decision to unseal the records.

"This had nothing to do with the media filing," he said. "We were already in the process of considering the unsealings."

The news organizations will continue to seek action on their motions to unseal the remaining two documents, said Lyndon Vix, a Wichita lawyer who represents The Eagle.