That's an interesting point, but are you suggesting that what she did is not in and of itself sufficient for her to get the death penalty immediately in Kansas?
If not, that state has a badly broken legal system, and someone needs to fix it.
Not even sure any more if KS has a functional death penalty. Certainly, the Carr brothers haven't been executed yet & they deserve it! At least MO has a working death penalty.
Most death penalty cases call for more than just a horrific murder. Sometimes requirements include premeditation or the commission of another felony in connection with the murder. Kidnapping the baby and taking it across state lines would certainly meet the other felony requirement.
Isn't kidnapping/murder a federal crime when state lines are crossed?
The Kansas Supreme Court very recently declared Kansas's death penalty to be unconstitutional.