CHECK THE FACTS
WHAT YOU NEED TO KNOW
From time to time, a letter to the editor or blogger may communicate questionable information about a situation or a case involving the
Office of the District Attorney. Some media information sources may not always report all the facts of a report or story. To find out what you should know about the dissemination of false or misleading information watch this space for more FACT CHECKS and THE REST OF THE STORY...
Nola Foulston answers your questions with
Truth, Integrity and Professionalism...
You can count on District Attorney Nola Foulston
District Attorney Opposition Candidate Doesn't measure up...
Wichita, September 21, 2008
FACT CHECK No. 1
In a front page article by staff reporter Tim Potter, claims of domestic violence by Mark Schoenhofer, his bankruptcy and his failure to pay years of state and federal income taxes were uncovered by the Wichita Eagle's investigation into public records of the District Court, Wichita Police Department Records and the United States Bankruptcy court. The Eagle routinely does background checks on candidates. The newspaper obtained court records and police incident reports on Schoenhofer and also completed a background check on District Attorney Nola Foulston.
The following are the facts giving rise to the
Eagle Investigative Report:
THE BANKRUPTCY ISSUE
In 1995, Mark Schoenhofer filed for bankruptcy in Topeka, Kansas. He has recently alleged that he filed for bankruptcy because after graduating from law school, he had more than $100,000 in student loans and couldn't support his wife and two children on a beginning attorney's salary.
Note: Washburn Law School Tuition at the time of Schoenhofer's attendance for a full three (3) year program was less than $15,000.
Note: In addition to his claim of over $100,000 in school loans, Schoenhofer had also amassed over $25,000 in unsecured credit card loans to banks and clothing stores and unpaid state and federal income taxes. [Bankruptcy Records - Case No. 95-41464]
Schoenhofer was discharged in bankruptcy in June of 2000
DEPARTMENT OF REVENUE TAX WARRANT
In June of 2005, the State of Kansas Department of revenue issued a tax warrant to levy on the property of Mark Schoenhofer for failure to pay state income taxes for the years 2001 and 2003. [District Court of Sedgwick County Kansas Tax Warrant Case No. 05 ST 6401C]
Wichita Police Department
DOMESTIC VIOLENCE REPORTS
Between April of 2003 and May 25th of 2008, Wichita Police Department officers were notified of seven (7) domestic disturbances at the home of Mark Schoenhofer and his wife.
In May of 2003, wife reported that her husband pushed her in the chest and hit her two times in the chest causing visible injuries. A medical referral was given by the officers and photos were taken by the police. A pick up was issued for Mark Schoenhofer for domestic battery after he had left the scene. [WPD records]
In May of 2004, wife reported that her husband grabbed her forearms and pushed her. No visible injuries , medical or photos.
In July of 2005, wife reported that Mark Schoenhofer pushed her with his hands on her collar bone area causing her to fall and slide on the floor. Husband was gone prior to police arrival. Case classified as a Domestic Violence with Children present. [WPD records]
In May of 2008, wife reports being battered by Mark Schoenhofer by being pushed against the wall and then choked. Wife requested prosecution for domestic violence. [WPD records]
NOTE: At the time of the Wichita Eagle interviews of Mark Schoenhofer and his wife, both claimed, despite Wichita Police Reports to the contrary, that there had never been any incidents of domestic violence in their home.
FAILURE TO PAY STATE AND FEDERAL INCOME TAXES
In December of 2007, the Final Entry of Judgment in the Schoenhofer divorce revealed that he had not paid
Kansas and Federal Income Tax for the period of (2004-2007) and that his tax liability was $325,000.00 [District Court Records Case No. 06 DM 8145]
FOR THE RECORD:
Note: District Attorney Nola Foulston was personally responsible for financing her college, graduate school and law school tuition and expenses. Throughout her higher education, Nola Foulston was employed on campus or at other locations to assist in her in meeting living expenses. After graduating from law school she paid all higher education loans in full, taking ten years to complete and discharge all her obligations.
As all good citizens should, Mrs. Foulston has never failed to pay her state and federal taxes.
FACT CHECK No. 2
"DA LETS ANOTHER ONE GO...."
This is a recent headline on a website regarding a case that occurred in 1991 where an infant was alleged to have been sexually assaulted. This web site says that you "should ask Nola Foulston why the child doesn't get to see her offender brought to justice...
FACT CHECK REVEALS....
The sexual assault case was originally charged by the Office of the District Attorney. An individual with the same name as the alleged defendant was picked up out of state and extradited by the Sheriff to Kansas. While he had the same name as the charged defendant,
he did not tell anyone that he was a different person.
The real defendant charged in the case was found later in Florida.
At the time that the case was filed, the infant victim (11 month old child) was unable to communicate and there were no witnesses to the assault. The mother of the child suspected that her daughter had been assaulted by the alleged defendant. Unfortunately, prior to the arrest of the defendant, the mother of the infant child died.
United States Supreme Court rulings, most recently, Crawford v. Washington, 541 U.S. 36 (2004), forbids any "statement" of a witness to be introduced into trial unless the defendant has the right to confront the witness on cross-examination.
This is a basic point of law for experienced criminal trial counsel.
The state was not able to prosecute the case in the absence of a critical witness because of her untimely death.
THE REST OF THE STORY...
On July 17th, Gary Eaves of Derby wrote a letter to the Wichita Eagle Editor stating that he was not sure who he was going to vote for until he looked at both websites...He is now convinced that he should vote for Nola Foulston's opponent because (1) the other candidate's web site reported on FACT CHECK No.1 and (2) he viewed Nola's personal website about the care and breeding of AKC dogs with a special section devoted to Kansas animal cruelty laws and child abuse.
What Mr. Eaves didn't tell you that he is a private investigator in the employment of the opposition candidate, a criminal defense attorney...
FACT CHECK No. 3
The opposing candidate says that he worked for the Office of the District Attorney. Is that true?
FACT CHECK REVEALS....
Yes. For a period of 10 months, the opposition candidate was an entry level attorney assigned to the appeals division, a non-trial position in the office...
FACT CHECK No. 4 In 2004, the opposing candidate reported in a biography at Washburn University (www.washburnlaw.edu) that he had "tried over two hundred criminal cases". Now,on his website in 2008, he says that he is a "veteran of over 75 trials". What does this mean?
FACT CHECK REVEALS....
A "trial attorney" is one who practices before a jury or in some instances "tries" the case to the court in a bench trial.
According to public access records of the 18th Judicial District Full Court
Criminal Data Base available for the period from 2001-2008,
the opposition candidate
tried 15 criminal jury trials and
19 criminal bench trials.
FACT CHECK No.5
On his website, the opposing candidate cites statistics on the increase of sexual assaults and states that he will engage in "fearless prosecution", seek serious sentences for violent offenders, send a message to criminals that they will be prosecuted to the full extent of the law... and he pledges to use the full force of the DA’s office to put these violent criminals behind bars.”.
The opposing candidate's two page advertisement in the SBC Yellow Pages describes his practice as criminal law defense with specialty areas in Drug Offenses, Sexual Offenders, Robbery, Homicide, Burglary & Theft and White Collar Criminals.
The opposing candidate has never prosecuted a single case in his career.
FACT CHECK No. 6
In March of 2008. SRS Secretary Don Jordan attended a meeting of Citizens for Change, a child activist group. This group was upset over abused or neglected children being removed from their home by social workers and placed in foster care in a Child in Need of Care Proceeding. To deflect criticism from SRS and to "demonstrate empathy" with the activists, Jordan made disparaging comments about the District Attorneys Office, stating that SRS workers were being "bullied" and "forced to put things in court filings that the did not agree with". His comments were on video and the tape was made available to the Eagle that published an article based on what Jordan said.
THE REST OF THE STORY...
The serious charges made by Jordan were false. He regretted having "fed their worst suspicions about the child welfare system". Called to task by the Eagle Editorial Board...they reported:
"But Jordan's statement neither excuses his stunning irresponsibility nor repairs the damage he's done to the reputation of District Attorney Nola Foulston's office and the integrity of the county's child protection system" noting that such serious charges cannot be so easily withdrawn now.
"This was unacceptable behavior for our state's top child welfare official. He needs to go"
Eagle Editorial "FIRE HIM", June 20, 2008
Rhonda Holman for the Editorial Board.
DISTRICT ATTORNEY MEETS WITH OPERATION RESCUE...
Foulston came outside and spoke with Newman and Mahoney for over 20 minutes.
“The conversation was very cordial and covered a range of subjects. Mrs. Foulston expressed gratitude for the prayers offered on her behalf and committed to meeting with Pat and me at a later date,” said Newman. “We opened a dialogue, and I think that is important.”
This web site will continue to check the facts that you need to know. If you have any questions, please contact us by email in the CONTACT US section of this website.