"Not Even Reasonable Suspicion": Oklahoma DA on BTK and the Cynthia Kinney Case, 2023

Name: "Not Even Reasonable Suspicion": Oklahoma DA on BTK and the Cynthia Kinney Case, 2023
Uploaded: 2023-09-11T00:00:00Z
Duration: 3 min 46 s
Description: In September 2023, the district attorney for Osage and Pawnee counties said the evidence did not reach "even reasonable suspicion" that BTK killer Dennis Rader was involved in the 1976 disappearance of Cynthia Kinney. KSN reported live. Rader is not heard.

In September 2023, the district attorney for Osage and Pawnee counties said the evidence did not reach "even reasonable suspicion" that BTK killer Dennis Rader was involved in the 1976 disappearance of Cynthia Kinney. KSN reported live. Rader is not heard.

Subject: Dennis Lynn Rader
Recorded: about September 11, 2023
Runtime: 3:46

Content warning: None required (a 1976 missing-person case; no graphic detail).

The Report

This is a 3-minute-46-second KSN News report from Wichita, posted on the station's YouTube channel on September 11, 2023. Reporter Julia Thatcher reported live from the Pawnee County courthouse in Pawnee, Oklahoma, after a news conference by Mike Fisher, the district attorney for Osage and Pawnee counties. An earlier live cut-in by anchor Jason Lamb, recorded while the news conference was still under way, follows. Fisher is heard in two clips, about a minute in all. Dennis Rader is not heard.

Historical Context

Cynthia Dawn Kinney, 16, disappeared from a laundromat in Pawhuska, Oklahoma, on June 23, 1976. The case was reopened in December 2022. In August 2023, the Osage County Sheriff's Office named Dennis Rader, the Wichita-area "BTK" killer, a prime suspect and searched his former property in Park City, Kansas. Rader, who pleaded guilty in 2005 to ten murders in Kansas and is serving ten consecutive life terms, has denied involvement and has not been charged in the Kinney case.

Circumstances

On September 11, 2023, District Attorney Fisher held a news conference in Pawnee. He said he had seen no evidence connecting Rader to the case, criticized the sheriff's office's handling of the investigation and its statements to the media, and asked the Oklahoma State Bureau of Investigation to investigate Kinney's disappearance.

What the Report Covers

The reporter says the district attorney does not consider Rader a suspect, has concerns about information the sheriff's office shared with the media, and has not seen a search warrant for the Park City digs. In the first clip, Fisher says the sheriff's office was "outside of their jurisdiction," that "I've not seen that search warrant," and that without it "we don't know, even to begin with, whether or not we've got a proper, um, seizure of evidence," the first step in chain of custody. The reporter also relays, as Fisher's account, that investigators have another suspect with a strong connection who is dead, and that he does not believe the case will be solved. In the second clip, Fisher says the information so far does not rise "to the level of even reasonable suspicion," explains that probable cause is the standard for filing charges, and says: "We haven't gotten to probable cause yet. We haven't gotten to reasonable suspicion yet."

What Makes the Recording Significant

It records the prosecutor's public rebuttal to the 2023 claim that Rader was responsible for an Oklahoma cold case, in his own words.

Archival Importance

Same-day coverage from a Wichita station on its own channel, within the hour of the news conference.

Important Caveats

Dennis Rader is not heard. He was named a suspect by the sheriff's office; he has not been charged in the Kinney case, the district attorney said the evidence did not reach reasonable suspicion, and Rader denies involvement. Page copy must not present him as responsible. The statement that investigators have another, deceased suspect is the reporter's paraphrase of Fisher and has not been verified elsewhere; no name is given. The photojournalist's surname is as heard and not verified.

Anchor: The press conference with the district attorney of Osage and Pawnee counties in Oklahoma concluded in the last half hour, DA Mike Fisher saying right now he has not seen evidence connecting Dennis Rader to the case of Cynthia Dawn Kinney. KSN's Julia Thatcher and photojournalist Nick [unclear: "Kiefer" (Whisper) / "kefir" (captions); surname not verified] are live at the Pawnee County, Oklahoma, courthouse.

Julia Thatcher: The DA says he does not consider Rader to be a suspect in Cynthia Dawn Kinney's disappearance. He says he has concerns about the Osage County Sheriff's Office investigation, specifically information that's been shared with the media. He says he hasn't seen a search warrant for the digs in Park City, and the way they came about, questioning BTK, and what he means by that, he says an investigation should start with evidence that leads to a suspect. However, he feels they are starting with Rader and trying to make evidence fit. He says there is not enough probable cause or reasonable suspicion that Rader is involved. DA Fisher says they do have a suspect they believe is a [unclear: "strong connection" (captions) / "stronger connection" (Whisper)]. That person is dead. They plan to continue to investigate their involvement, though. DA Fisher does not believe they will be able to solve this case. He says they will continue to investigate, though. He also spoke about concerns he has with items that the sheriff's office has shown the media that they call evidence.

Mike Fisher: There are several things that would cause concerns. The first is, obviously, they're outside of their jurisdiction, um, so they'd have to obtain a search warrant. They've told me that, or they've told the media that they've obtained a search warrant, that that's why the dig took place. I've not seen that search warrant. Um, so we don't know, even to begin with, whether or not we've got a proper, um, seizure of evidence, and that's the very first step in chain of custody. So I, I would be reluctant until I could look at that.

Julia Thatcher: And again, DA Fisher says he does not believe that BTK, or Dennis Rader, is a suspect in Kinney's disappearance. We did reach out to the sheriff's office to see, uh, what they think about this press conference and what DA Fisher is saying, and we've not yet heard back. We'll, of course, continue to bring you the latest on air and online here for you. Julia Thatcher, KSN News 3.

Jason Lamb: Hello, everybody, I'm Jason Lamb. Thank you for joining us on this day we will never forget, the 22nd anniversary of 9/11. Within the last hour, the district attorney of Osage and Pawnee counties in Oklahoma, Mike Fisher, began speaking and is still speaking about recent allegations of the connection between BTK and an Osage County cold case, saying he has not yet seen evidence connecting Dennis Rader to the case of Cynthia Dawn Kinney.

Jason Lamb: We have continuing coverage now. The district attorney that covers Osage and Pawnee counties in Oklahoma says he has not yet had conversations with the Osage County sheriff and undersheriff to provide any potential evidence in the case. He is assigning the Oklahoma State Bureau of Investigation to investigate the disappearance of Kinney, who has now been missing for 47 years. He expressed concern for the chain of command in any evidence in the case.

Mike Fisher: None of that at this point arises to the level of even reasonable suspicion. And of course, I have an ethical duty and a moral duty. Before I file any charges against anyone, I have to be satisfied, first of all, that there's not only reasonable suspicion that the, that the person who's a suspect is in fact a legitimate suspect, but that they are al-, that there also is probable cause, which is the standard to actually file charges. And we haven't gotten to probable cause yet. We haven't gotten to reasonable suspicion yet. [03:45: speech ends; clip runs to 03:46.] ---