A Kansas judge has denied a request for a resentencing hearing for two brothers awaiting execution for a quadruple killing known as the “Wichita massacre.” The legal setback is the latest for Jonathan Carr, 44, and Reginald Carr, 46.
Last year, the US Supreme Court refused a formal resentencing hearing, a decision that came less than a year after the Kansas Supreme Court ruled the brothers had received fair trials and upheld their death sentences.
“I don’t know that I can do anything about that sentence until somebody vacates it,” Sedgwick County Chief Judge Jeff Goering said at the hearing. Attorneys for the Carr brothers said they planned to appeal.
The brothers were convicted of breaking into a home in December 2000 and forcing three men and two women to have sex with one another and later withdraw money from ATMs. Police said the women were repeatedly raped before all five victims were taken to a soccer field, where they were shot. Four of the victims died at the scene. The sole survivor testified against the Carr brothers, who were also convicted of killing another person in a separate attack.
Lawyers for the brothers argued that due to some convictions being overturned in previous appeals, a new sentencing hearing would be appropriate. However, Sedgwick County District Attorney Marc Bennett insisted there was no “lack of clarity” in the Kansas Supreme Court’s decision that the death penalty should remain.
In the latest court filings, lawyers for both brothers expressed concerns about the effectiveness of the trial attorneys. They also agreed that potential jurors were not adequately questioned about racial biases. The brothers are Black, while their victims were white.
The legal representatives for the brothers have diverged in their court submissions. Jonathan Carr’s lawyers argued that his brother had a significant influence over him. On the other hand, Reginald Carr’s lawyers claimed that the trial attorneys were ill-prepared to counter Jonathan’s defense.
Despite the claims of ineffective counsel, a Kansas Department of Correction evaluation, and questions about the jury instructions and closing arguments, the majority of the Kansas court concluded that the errors made did not justify overturning their death sentences again.
