Judge agrees with DA’s recommendations for Rader

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Judge agrees with DA’s recommendations for Rader

By Anthony Powell

EL DORADO, Kansas -- Nola Foulston and her team of prosecutors had a big win Wednesday at the El Dorado Correctional Facility, home to Dennis Rader.

Judge Greg Waller sided with the state on what BTK should be allowed to do in prison.

As a high risk prisoner locked up 23 hours a day, Dennis Rader already has very limited privileges. If the Department of Corrections goes along with Judge Waller’s recommendations, BTK’s privileges will remain sparse.

"Our concern is him having access to certain materials that would be sexually explicit to him," Deputy District Attorney Kim Parker told the court.

A thin Dennis Rader stared blankly as Parker detailed eight requests for Judge Greg Waller. The bulk of those were asking prison officials to bar Rader from getting his hands on any kind of material that would allow him to re-create the staggering amount of disturbing images, mainly of women, he stockpiled over the years.

That includes drawing materials. As we saw during Rader’s sentencing, sketching is one of BTK’s favorite past-times.

Parker’s requests also dealt with the media.

"That he be prohibited from viewing, listening or reading any stories about the murders which are the basis for his conviction."

Rader’s defense attorney, Steve Osburn countered, "Prohibiting Mr. Rader from viewing, listening or reading anything about the murders or his status about being a sexual deviant -- that is too broad and is a first amendment issue."

But again, the judge disagreed, backing the prosecution all the way. He would not rule directly on one request however, that BTK be labeled a pedophile based on his murder of 11-year-old Josephine Otero.

"There’s no basis to find that he’s a pedophile. That finding alone is basically putting a bullseye on Mr. Rader here in the prison," said Osburn.

Judge Waller only recommended to the Department of Corrections that Rader receive some type of sexual offender treatment.

All of Waller’s rulings will be forwarded to the DoC, which will have the final say on Rader’s privileges.

There was mixed reaction to the proceedings from the legal community, split over whether Dennis Rader deserves his first amendment rights.

"Now it’s up to the Department of Corrections not to follow those recommendations of Judge Waller and to deal with the first amendment implications of those recommendations," said Dan Monnat, a Wichita defense attorney.

Former U.S. Attorney Jackie Williams disagreed. "Dennis Rader looks at life different from the rest of us, and things such as drawings of human beings or pictures, even animals that sexually arouses him, we need to limit that."

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