Why you should never talk to the police, part 1,234,873

The insanity continues. As KCPD laments their inability to solve murder cases, I experience yet another in the seemingly endless examples of how not to deal with witnesses and the public.

Client and friend are going to house where friend is going to pay back $50 to female friend. All above board: returning some borrowed money. Not for drugs or sex or bribery of public officials.

Client drives friend, who gets out and approaches female. Guys with female start arguing with friend and fight starts. Client is still in car, watching. During fight, gun comes out and one of the guys is shot and killed. Friend gets in car and client drives off.

Client didn't have gun, didn't anticipate any problems, didn't shoot anyone, didn't do anything more illegal than witness a shooting.

So . . . client gets charged with murder first degree! Amazing probable cause statement, tells straight story--no criminal activity, just a witness to a shooting. Now, it's alarming that a detective thinks that's a crime. More bizarre is a prosecutor signing off on probable cause. And a judge signed the complaint. And a grand jury indicted.

$500,000 cash only bond (reduced by Judge Youngs, who probably read the (lack of) probable cause statement. Now, realizing that no crime was committed by client, the prosecutor wants him as a witness.

Instead of dismissing and apologizing for arresting, charging and incarcerating a mere witness, the prosecutor is offering a "deal:" plead to a felony of hindering prosecution, take four years, be a snitch.

We have declined the offer.

And they wonder why the public doesn't want to cooperate . . . .

It took over six years, but Larry gets probation

Larry was charged with murder first degree for a drug deal gone bad. Problem was, he didn't have a gun, didn't plan a robbery, didn't shoot anyone, cooperated with the police, was nearly killed in the Jackson County Jail and sentencing was today in front of Judge Atwell.

After listening to the attorneys, and aware that Larry had spent over six years in the county jail (and almost been killed for cooperating), Judge Atwell gave Larry a twelve year sentence, but probated the sentence. He got 10 years on armed criminal action, but should have that time already done.

So, we were hired to try for a 15 year sentence, and Larry gets probation.

My best guess is that the six years in county cost taxpayers about $125,000 before tacking on the medical bills for the beating in jail--maybe another $300,000. Even with the waste in government, would think that money could have been better spent.

Oh No! Not Again!

O.K. In a most unusual happening, we have a post conviction case where the Jackson County Prosecutor appeared to have actually provided all discovery. Well, everything except what they say they don't have to provide.

We have this ongoing dispute, or actually a few disputes. In this case, the prosecutor cut a deal with a co-defendant. Jackson County Prosecutors think that it is O.K. to cut a deal and not tell anyone until the deal is done: I'll give a witness probation, but it's not a done deal until probation is given, so they claim they don't have to disclose the deal.

Or, the prosecutor sits in on a deposition of a witness taken in a co-defendant's case. So, there is a statement under oath by a state's witness, but the prosecutors think they don't have to disclose that.

ANYWAY, in this post conviction case, other than not disclosing a deal and not providing a deposition of a witness, the assistant prosecutor had apparently done pretty well.

The prosecutor had actually provided a list of witnesses with convictions!!! Now, of course, that is required by Supreme Court Rule, but in Jackson County the prosecutors just ignore that little detail. Even though the Missouri Supreme Court, in Merriweather v. State, said that the failure to provide convictions is a due process violation and automatic reversal, it is still something that Jackson County doesn't do very often.

Anyway, the prosecutor in this case had listed four witnesses with convictions. On a lark, I entered the first witness in casenet (the public website listing Missouri criminal cases). Now, casenet won't show all convictions, won't show closed convictions (like suspended imposition of sentence), but it's pretty good.

First witness . . . casenet shows two convictions not disclosed by the prosecutor.

Second witness . . . casenet shows five convictions not disclosed by the prosecutor.

Third witness . . . casenet show one conviction not disclosed by the prosecutor.

Fourth witness . . . casenet shows two convictions not disclosed by the prosecutor.

Don't know what database the prosecutor is using, but it makes you wonder if they EVER disclose convictions as the Supreme Court requires. Most bizarre is that they had disclosed out of state convictions and convictions from other counties, but had missed convictions from Jackson County.

Six years in the Jackson County Jail can kill a person

Over six years ago, Larry got arrested for a shooting that he didn't do. Yeah, he was there for what was to be a drug deal, but the two guys he was with turned it into a robbery and shot and killed a guy. Female luckily escapes. Larry gets charged, the other two don't.

In an all too common twist, Larry--the one who didn't have a gun, didn't plan a robbery, and didn't shoot anyone--gets charged with murder first degree.

Larry's original attorney got a 20 year offer, but Larry thought it was, or should be, a 15 year offer. Hires us to try to get a 15 year offer.

Another APA Bryan Krantz case where Bryan says Jim Kanatzar won't authorize any plea. Yada, yada, yada. After sitting in the Jackson County Jail for YEARS, Larry again meets with detectives to again tell what had gone on.

Apparently, someone didn't like what Larry was saying. In Jackson County Jail, Larry gets thrown over the railing and stomped on. He's clinically dead, rushed to the hospital, in intensive care with some serious brain damage.

Enter APA Michael Hunt, who takes the case from Krantz and Larry is sent to Fulton for some evaluation and therapy.

After being in jail for over six years, Larry got his deal today, pleading to a lid of 15 years on the murder case in front of Judge Atwell. Sentencing is March 4.

Pre-Trial Publicity Stunts by Prosecutors

"More than 100 US mobsters arrested in "largest Mafia round up in history': US Attorney Eric Holder." N.Y. Post

WHY BOTHER WITH A TRIAL WHEN THE US ATTORNEY CONVICTS YOU IN THE MEDIA?

Some Constitution. A defendant is presumed innocent, until the prosecutor holds a press conference and proclaims guilt. There ought to be a rule prohibiting such pre-trial publicity stunts.
Oh. There is. Prosecutors just ignore it.

Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall: (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's actio and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial liklihood of heightening public condemnation of the accused, and exercise reasonable care to prvent investigators, law enforcement personnel, employees, or other persons assistant or associated with the prosecutor in a criminal case from making an extradjudicial statement that the prosecutor would be prohibited from making under Rule 4-3.6 or this Rule 4-3.8.

So, who prosecutes prosecutors when they violate the rules of professional responsibility?

Good question. If you find out the answer, let me know.

Courtesy for the Court.

On the other hand . . . .
We have the continuation of a post conviction hearing set for tomorrow, but learned that our attorney witness is in trial. So, we took the time today to let the court and opposing counsel know that it needed to be continued.
Everyone was appreciative, as it freed up their Friday afternoon.
So easy just to let the different players know what's going on, so time and days of work aren't wasted.

Courtesy (or lack thereof) for people with jobs

So, we have a 23 year old female client with no priors who has been incarcerated more than 60 days on a $100,000 cash bond for a C felony. Ridiculous bond, ridiculous charge, and a bond motion that's been pending for two months and set for hearing for a month.
We have our client's family take off work to attend the hearing, check casenet to make sure the hearing is still set (since you never know) and show up and . . . .
Seems the court has a trial that's been going all week and . . .
No one bothers to tell the parties that the bond hearing will have to be continued.
So, those people who have a real job that they have to take off for so they can go to court for a hearing set a month ago . . . miss a day of pay and will miss another when the new hearing is set.
The client? The rule that bond motions are to be determined promptly?