Star files second motion seeking affidavit in Olathe homicide with six charged juveniles

The Kansas City Star is seeking the release of another probable cause affidavit for a teen charged in an Olathe homicide.

The teenager is one of six charged with first-degree murder in Johnson County juvenile court after 19-year-old Marco Cardino was killed on May 14 in Black Bob Park. Cardino was found in his car with multiple gunshot wounds and was pronounced dead at the scene.

This is the second affidavit that The Star has requested be released in the case. An affidavit describes why someone is being charged with the crime and is part of The Star’s ongoing reporting on the homicide.

The 14-year-old’s attorney argued in a motion filed May 24 that “the information contained in the affidavit and amended affidavit is sensitive in nature and release of the information is not in his best interest.”

Defense attorney Lindsey Erickson also said state statute allows a judge to prevent the release of an affidavit if it would endanger a person and that the teen’s family has gotten threats since the case was filed.

The Star filed a motion to intervene in the case on Friday. Attorney Bernie Rhodes argued that juveniles age 14 or older are subject to the same disclosure rules as adults. He also said the teenager’s name would be limited to initials and that threats to the family were a result of the teen being charged and “that fact will not go away with the release of the probable cause affidavit.”

Four of the six teens charged in Cardino’s death are 14 years old. Prosecutors have filed motions to try them as adults. The two others are 13 years old and cannot be charged as adults by state law.

An attorney for one of the other 14 year olds also filed a motion to block the release of the affidavit. The Star filed a similar motion in that case last month saying the affidavit should be released. A ruling has not been made.