Supreme Court issues decision in Kleypas death penalty case

TOPEKA—The Kansas Supreme Court issued its decision today in the capital appeal of Gary W. Kleypas, affirming his conviction for capital murder and aggravated burglary and his death sentence for killing a Pittsburg State University student in March 1996.

In a 166-page decision written by Justice Marla Luckert, the court discussed Kleypas' 20 claims of error. The court found several errors, one of which required the court to reverse Kleypas' attempted rape conviction. But the court held that the errors did not have a reasonable possibility of affecting Kleypas' other convictions and did not require the court to reverse Kleypas' capital murder conviction or death sentence.

This appeal follows the second sentencing proceeding in this case. After the first jury trial, the Kansas Supreme Court found an error in the jury instructions that required a new sentencing proceeding. A second jury trial occurred, and the new jury again returned a death sentence verdict.

Justice Lee A. Johnson dissented, reiterating his view that the death penalty violates the prohibition against cruel or unusual punishment in Section 9 of the Kansas Constitution Bill of Rights and noting two additional points of disagreement with the majority opinion.