8/21/2010
By DARCY GRAY | Special to the Salina Journal

A grand jury was convened Thursday at the Reno County Courthouse, but under a protective order court officials could not disclose any information about the proceedings.

The grand jury was convened by a petition filed June 23 and certified July 7 in Reno County. Reno County Chief Administrative Judge Patty Macke Dick acknowledged Thursday a grand jury had convened, but said state law prevented her from talking about what case was being addressed.

Macke Dick also said a copy of the petition was not available since the petition had been sealed and was not public record. She signed a protective order Wednesday prohibiting staff from discussing any matters being addressed by the grand jury.

Death in 2008

Reno County billing records, however, revealed what appears to be the grand jury case. A voucher submitted by County Counselor Joe O'Sullivan on July 2 noted, "Work on verifying petition signatures" for the grand jury proceedings, and "telephone calls to Peggy Ramos."

Ramos is the mother of 27-year-old Robert "Bob" Thomas, who died of head injuries days after he was in a bar fight the morning of Sept. 9, 2008. Thomas was pronounced dead Sept. 12, 2008, after a maid at the Sunflower Inn in Hutchinson discovered his body.

In April 2009, Reno County District Attorney Keith Schroeder forwarded the case to the Kansas Attorney General's Office after declining to prosecute 21-year-old Patrick Henry, who admitted to punching Thomas twice during the altercation at Vic's Bar and Grill in Hutchinson.

Schroeder said there was evidence Henry acted in self-defense and suggested it was possible something else may have contributed to Thomas' death since Thomas didn't die until days after the fight. An investigation by Hutchinson police showed conflicting accounts from eyewitnesses, Schroeder previously told The News.

Thomas' family, however, believed the circumstances surrounding his death warranted charges, and in April 2009 they publicly voiced plans to petition a grand jury to investigate.

Ramos told The News the family needed 511 signatures -- or 100 signatures plus 2 percent of the total number of votes cast in the county for governor in 2006 -- to convene the grand jury.

AG investigation

In October 2009, the Kansas Attorney General's Office began an inquisition into Thomas' death, allowing prosecutors to listen to testimony from witnesses.

Gavin Young, a spokesman for the attorney general's office, told The News in May that the investigation into Thomas' death was ongoing.

But Thursday, he could not confirm what case the grand jury convened in Reno County was addressing. Young could only say, "The grand jury was filed by petition and started today."

According to Young, a grand jury can convene for 90 days, but that time can be extended by order of the district court.

"In the 90 days, a grand jury can send a letter to district court indicating they have completed their business," he said. "The grand jury makes decisions on what is subpoenaed, and the grand jury can issue indictments. They're not limited to the topic of the petition."

State law indicates a grand jury must be summoned in any county within 60 days after a petition is presented to district court. Jenna Fager, Reno County deputy elections officer, said the petition that was certified on July 7 had 572 valid signatures and 971 total signatures.

Fager also said she could not recall any other grand jury petition ever being submitted in Reno County.

"To my knowledge, we haven't had one in years, if ever," she said.

nReporter Mary Clarkin contributed to this story.

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