WICHITA, Kan. (KAKE) - The Carr brothers case will be back before the Kansas Supreme Court Monday, as their lawyers argue for overturning their death sentences.  This return to court comes 20 years after their convictions in the deaths of five Wichitans.

Many Wichitans KAKE News spoke with Sunday were frustrated that this case is back in court and back in the headlines.

“I have no idea why it's taken so long. Yeah, what's been going on?” asked Eric Hamilton.  “I mean there are people waiting for the ball to drop one way or the other, I'm sure.”

Jonathan and Reginald Carr have spent the last two decades on death row in Kansas, convicted of the rape, torture and murders of five Wichitans in December of 2000.

This latest appeal tackles 20 issues the state's highest court didn't decide on back in 2014 because it had already overturned their death sentences on other issues.  But the U.S. Supreme Court later overruled the Kansas justices, telling them to try again.


Nola Foulston, who originally prosecuted the case, told KAKE News Sunday, "The prosecution of the case was done in the most exemplary manner."

She added that her successor as district attorney, Marc Bennett, and his staff "are doing an exceptionally good job."

Foulston didn't want to talk more about the case though, saying every time it comes back up again it brings back all the horrible memories for the families of the brothers' victims: Jason Befort, Brad Heyka, Aaron Sander, Heather Muller and Ann Walenta.

“I'm here to serve for the welfare of the families that have to go through this,” Foulston said.

“It was a very heavy night, last night, I'm sure, for many,” Jerke said about the anniversary.  “Wichita won't forget, because so many were impacted by that day.”

Which is why so many are frustrated that this case keeps coming back up again.

“It's like they're unwilling to jump one way or the other,” Hamilton said. 

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The hearings begin at 9:00 Monday morning and will be streamed live on YouTube.

Many of the victims’ loved ones have tried to make their deaths bring good into the world.  When Jerke spoke with KAKE News back in December she was at a fundraiser for Heather's Camp.  Created in Heather Muller's honor, it serves kids who are blind or visually impaired.