Marina
LYNDON — Retired District Judge Merlin Wheeler strongly rebuked the Kansas State Board of Indigents’ Defense Services (BIDS) during a Monday hearing, condemning the “pretty, petty” internal disputes that have disrupted the capital murder case of Kraig Kahler.
Concerned about conflicts of interest within the agency, Wheeler removed BIDS attorneys from representing Kahler and appointed Jason Belveal of Holton and Barbara Costa of Colorado as his new legal counsel.
Internal Turmoil Under BIDS Leadership
This development follows a Kansas Reflector report detailing widespread turmoil at BIDS under acting director Brandon Barrett. Allegations included retaliation, interference, the voicemail firing of a decorated attorney, internal investigations, and unionization efforts.
Much of this unrest originated from clashes between Barrett and lawyers in the Capital Habeas Office, which manages post-conviction death penalty cases.
First-year attorneys Alisha Mehdi and Rebecca Halff were initially assigned to Kahler’s case. Mehdi filed a July 24 court document criticizing BIDS for failing to assign qualified counsel.
Barrett responded by hiring Belveal without informing Mehdi or Halff. Belveal stated on Monday that he assumed the attorneys would welcome his help, while Barrett avoided directly answering why he didn’t notify them of their removal.
Legal Disputes and Ethical Concerns
Mehdi later filed an August 29 emergency motion, alleging unauthorized interference and citing state law that bars administrative meddling in cases. However, Wheeler sided with Barrett, ruling that assigning counsel is not interference.
Mehdi warned that such actions set a “very dangerous precedent,” prompting Wheeler to caution her against misinterpreting her office’s authority.
Additionally, Mehdi accused Oklahoma attorney Mark Henricksen of unethical conduct after he submitted a false filing claiming he met Kahler.
Henricksen later blamed the error on an old template and poor proofreading. Wheeler suggested Henricksen had been “caught in the crossfire” and advised Mehdi to investigate thoroughly before making accusations.
Delays and Frustrations Over BIDS Dysfunction
Kris Ailslieger, deputy solicitor general at the Kansas Attorney General’s Office, complained that capital murder cases were being delayed due to high turnover at BIDS, causing frustration for victims’ families.
Since Kahler’s 2009 conviction and death sentence have been upheld on appeal, the case has now reached the stage of reviewing constitutional issues such as the effectiveness of his past legal counsel.
Wheeler questioned how one BIDS office could accuse another of incompetence while facing allegations of interference.
He warned that this internal dysfunction could undermine future appeals, allowing arguments that Kahler was denied effective counsel. To avoid this, Wheeler appointed Costa and Belveal as co-counsel, ordering Mehdi and Halff to transfer all case files.
A Hearing Marked by Tension and Unusual Timing
The Monday hearing was conducted by video call. The Kansas Reflector was allowed only to listen, not watch, from the Osage County District Court in Lyndon. Retired public defender Ron Wurtz was the only other observer.
The hearing began at the unusual time of 1:59 p.m. after a scheduling dispute with the Kansas Department of Corrections (KDOC), which argued that 2 p.m. was too late.
Wheeler warned KDOC against attempting to control court scheduling, threatening to summon the corrections secretary if future interference occurred. KDOC spokesman David Thompson later said the department always tries to accommodate the court’s schedule.
The hearing highlighted serious internal dysfunction, ethical disputes, and miscommunication within BIDS that risk undermining Kahler’s death penalty case and delaying justice.
Judge Wheeler’s decisive move to install new counsel aims to protect Kahler’s right to effective legal representation while preventing future appeals from exploiting these internal conflicts.