by Tracy McCue, Sumner Newscow — The Kansas State Attorney’s office has amended its charges against Spencer Weikal of Wellington accused of the first degree murder of 2-year-old Larrissa Foster, on Nov. 30, 2011 in Wellington.

In a separate issue, Sumner County District Judge Scott McQuin held a suppression motion hearing Wednesday, May 8, in Sumner County District Court as requested by Weikal’s attorney Christopher Williams of Kansas City, Mo. in an attempt to remove key evidence from a possible future trial not yet set.

Weikal had been charged with three felonies in May 2012, originally made by then Sumner County Attorney Evan Watson. Those charges included: 

•Count 1 – first degree felony murder based on the abuse of a child; or alternatively second degree murder based on recklessness, and the indifference of human life.

•Count 2 – abuse of the child (cruel beating) or in the alternative abuse of a child (shaking).

•Count 3 – aggravated endangering of a child based upon failure to immediately secure necessary medical care.

Since that point, the case has been turned over to the Kansas State Attorney’s office with assistant attorney general criminal litigator Lee Davidson handling the prosecution.

Davidson has since filed amended charges in district court. Weikal is now accused of two charges instead of three:

•Count 1 – first degree felony murder based upon the underlying felony of aggravating endangering of a child as charged in Count 2.

•Count 2 – aggravated endangering of a child based upon recklessly placing a child in a situation where its life, body or health was endangered.

According to a “motion to amend information” submitted to Sumner County District Court on April 4, the only difference in the charges is the theory of liability.

The second degree murder alternative charge has been dropped as is the child abuse charge.

A phone call requesting an explanation of the difference in the new charges compared to old charges to Davidson’s office was not returned.

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Suppression hearing

A suppression motion hearing upon the request of Williams was held Wednesday. The judge did not make a ruling on any of the defense motions until he and the defense and prosecuting attornies  could view a video in closed chambers of the alleged testimony of Weikal during the night in question.

On Thursday, seven witnesses – who all work or have worked with the Sumner County Sheriff and Wellington Police Department were called to the stand to discuss their conduct on the night that Weikal was questioned.

Williams filed the suppression motion on the following allegations:

•Weikal made incriminating statements against his interest while in custody of law enforcement.

•Law enforcement officials threatened, misrepresented and lied to the defendant about the nature and consequences of any statement Weikal might have made to them.

•Law enforcement made inferentially created the impression that the defendant would suffer bodily harm if he did not cooperate.

•Law enforcement officials made false promises in order to facilitate defendant making false statements to them.

•Defendant was under distress and was coerced into making false statements to law enforcement officers.

•Weikal was questioned by law enforcement officials during an inordinately long questioning process, and was left isolated for long period of time and was not adequately advised of his rights.

•The defendant’s statements to law enforcement officials were not made voluntarily.

Weikal has been in custody ever since, Foster suffered head injuries Nov. 29, 2011 at a home in Wellington and was taken to Sumner Regional Medical Center.

She was later transferred to a Wichita’s Wesley Hospital and on Dec. 1, died there.
Medical staff suspected child abuse in the case and alerted authorities, which prompted an investigation.

Weikal, 23 at the time, was eventually apprehended and questioned. He was subsequently charged on Dec. 1 by the county attorney’s office.

Since then a Sumner County District Court preliminary hearing was held in May, 2012 which McQuin determined there was enough evidence for a trial. Weikal pleaded not guilty. After several delays of the trial, the case was turned over to the state attorney’s office after the Sumner County Attorney election and before the changeover from Watson to Kerwin Spencer in January.

Spencer told Sumner Newscow in February he felt he could not adequately prosecute the trial because Watson had been working on the case since December, 2011. He said the state attorney’s office would be better suited to handle the workload.

Weikal also switched attorneys from his court appointed attorney Elaine Esparza of Harper to private attorney Williams of Kansas City.