kansas.

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http://www.kansas.co m/2006/01/07/19189/rader-access-disturbs-da.html

Rader access disturbs D.A.

By Tim Po tter

Sedgwick County prosecutors voiced serious objections Friday to a prison lif e f or serial killer Dennis Rader that isn't as restrictive as a judge recommended. T hey were responding to a Kansas Department of Corrections letter released to T he Eagle on Friday saying the agency will f ollow some but not all of the recommendations to limit what the BT K serial killer can read, write and see in prison. T he letter was f irst reported Friday af ternoon on T he Eagle's Web site, Kansas.com. Kim Parker, Sedgwick County Chief Deputy District Attorney, said in an interview Friday that she f ound it "of f ensive" that Rader would have access "to things that please him most." Parker and other prosecutors argue that Rader gets pleasure f rom media accounts of his crimes and can use even harmless materials to create images that f uel his violent bondage f antasies. As long as he has access to those items, he remains dangerous, even in prison, they contend. Parker said the prosecutors' of f ice, led by District Attorney Nola Foulston, hopes to soon discuss its concerns with Kansas Secretary of Corrections Roger Werholtz. Department of Corrections of f icials didn't comment on the letter Friday. Asked about the prosecutors' concerns, Rader's chief public def ender, Steve Osburn, said the corrections department has to f ollow its own regulations. Rader still retains a First Amendment right to read and write things, with some restrictions, Osburn said. Currently, Osburn said, Rader gets to write three letters a month and has limited telephone privileges. In a letter to Sedgwick County District Judge Greg Waller, who handled Rader's case, Werholtz spelled out some of Rader's conditions of conf inement. Since Aug. 19, Rader has been held at El Dorado Correctional Facility, where he has begun serving 10 consecutive lif e sentences f or murders f rom 1974 to 1991. Waller recommended the restrictions f or Rader at an Oct. 12 hearing in the prison. But corrections of f icials didn't f ormally consider the restrictions until af ter Dec. 16 because, of f icials said, the paperwork was not delivered to them until prompted by an inquiry f rom T he Eagle. In his Dec. 20 letter, Werholtz wrote that many of Waller's recommendations are already in f orce "in some f orm" under corrections regulations. And he noted that Rader is classif ied as a "special management inmate," meaning he has the most restrictive level of conf inement. One of Waller's recommendations was that Rader who tortured and strangled many of his victims while acting out sexual f antasies not be able to "possess, receive or create any visual images of human beings or animals, including drawings." In his letter, Werholtz said: "T he Department in evaluating the sexual explicitness of material relative to inmate Rader will take into consideration his sexual proclivities. However, publications such as Time or Newsweek which contain photographs of persons or animals would not generally be prohibited."

Instead, the letter said of f icials would determine whether material was "sexually explicit" or "a threat," as def ined by state prison regulations. Waller told T he Eagle on Friday that although he had recommended more limits f or Rader, "It's also up to them how to interpret their regulations." Sedgwick County Deputy District Attorney Kevin O'Connor said prosecutors "went to great lengths" to present a legal basis f or preventing Rader f rom having reading, writing and viewing materials. During the hearing they contended that Rader could take an advertisement showing a person in an innocent pose and turn it into a violent sexual f antasy. Rader had cut out and stashed thousands of advertisements f or that purpose, he told investigators af ter his capture in February. Access to media accounts is another concern of prosecutors. Parker said that news coverage of Rader's crimes "propels him to act in a deviant way." But it doesn't appear f rom the letter that the concern has been adequately addressed, she said. Parker said she realizes that what prosecutors and the judge are recommending would require corrections staf f to supervise Rader very closely. In his letter, Werholtz said that although Rader has not reached the privilege level that would allow him to buy a radio, a television or reading material, he could eventually earn them. At that point, "his access to news programs would not be curtailed," Werholtz said.