Two brothers facing execution for a quadruple murder known as the "Wichita Massacre" failed to convince a judge Monday that they deserved to be resentenced.
Jonathan Carr, 44, was present in court but Reginald Carr Jr., 46, waived his appearance for the hearing at which the prosecution argued against reconsidering their death sentences because they'd been upheld by the Kansas Supreme Court, according to the Associated Press.
Chief Judge Jeffrey Goering denied the brothers' motion for resentencing, after which Jonathan Carr's lawyer said they planned to appeal.
The Carrs claim they were wrongly given a joint sentencing hearing in 2002 when jurors considered their punishment in the Dec. 15, 2000, execution-style slayings in a soccer field in Wichita, Kansas.
The killings followed a home invasion during which the brothers forced three men and two women to engage in sex acts, then made them withdraw cash from ATMs.
Four of the victims -- Aaron Sander, 29; Brad Heyka, 27; Jason Befort, 26; and Heather Muller, 25 -- were killed but Befort's 25-year-old girlfriend survived being shot in the head and ran naked through snow for a mile to get help.
She testified against the Carrs, each of whom blamed the other.
The shootings capped a nine-day crime spree by the Carrs that included the Dec. 11, 2000, slaying of Wichita Symphony cellist Linda "Ann" Walenta during an attempted robbery outside her home.
Reginald Carr was also convicted in the Dec. 7, 2000, abduction and robbery of a man who was forced to withdraw money from ATMs before being released unharmed but his brother was acquitted in that case.
Monday's hearing marked the latest in a series of challenges to the Carrs' pending executions, which haven't been scheduled.
The brothers are the longest-serving of nine men on Kansas' death row.
Kansas hasn't executed anyone since 1965.
