1 00:00:02,560 --> 00:00:02,880 Speaker 1: Canon. 2 00:00:03,000 --> 00:00:05,840 Speaker 2: Kathy Middleton had properties in Blue Springs, Missouri, as well 3 00:00:05,840 --> 00:00:08,640 Speaker 2: as Ken's family lay back in Arkansas, where they hoped 4 00:00:08,680 --> 00:00:12,240 Speaker 2: to one day retire. On February twelfth, nineteen ninety, when 5 00:00:12,280 --> 00:00:14,080 Speaker 2: he planned to clean a gun that he had brought 6 00:00:14,120 --> 00:00:17,200 Speaker 2: back from Arkansas, Ken felt ill, laid the gun down 7 00:00:17,320 --> 00:00:20,720 Speaker 2: and took the nap. Meanwhile, Kathy returned early from work 8 00:00:20,720 --> 00:00:23,560 Speaker 2: to confront Ken about news of a regretful affair that 9 00:00:23,600 --> 00:00:26,760 Speaker 2: had ended three years earlier. After grabbing the gun from 10 00:00:26,760 --> 00:00:29,160 Speaker 2: where Ken had laid it down, Kathy made her way 11 00:00:29,200 --> 00:00:32,479 Speaker 2: to the phone to call the alleged mistress. When tragedy struck. 12 00:00:32,880 --> 00:00:35,840 Speaker 2: It is believed that it destroyed. Kathy mishandled the weapon 13 00:00:35,880 --> 00:00:38,240 Speaker 2: in her left hand and shot herself in the head. 14 00:00:38,600 --> 00:00:41,760 Speaker 2: Ken immediately called nine one one when first responders found 15 00:00:41,840 --> 00:00:44,839 Speaker 2: him without a drop of blood or gunshot residue on him. 16 00:00:44,880 --> 00:00:48,400 Speaker 2: A positive gunshot residue test of Kathy's left hand would 17 00:00:48,400 --> 00:00:51,680 Speaker 2: have conclusively ruled her death as a tragic accident. However, 18 00:00:51,800 --> 00:00:54,840 Speaker 2: her left hand test results went missing and the crime 19 00:00:54,960 --> 00:00:57,920 Speaker 2: lab document was altered in what clearly appears to be 20 00:00:57,960 --> 00:01:01,320 Speaker 2: evidence tampering, where a medical ex disaminur and blood spatter 21 00:01:01,400 --> 00:01:04,840 Speaker 2: expert willing to testify to an impossible scenario in which 22 00:01:04,920 --> 00:01:07,640 Speaker 2: Ken was magically able to shoot Kathy from less than 23 00:01:07,640 --> 00:01:10,760 Speaker 2: a foot away while remaining free of blood and GSR. 24 00:01:11,240 --> 00:01:14,720 Speaker 2: Ken was sentenced to life plus two hundred years. Despite 25 00:01:14,720 --> 00:01:17,720 Speaker 2: the mishandling of the crime scene, ballistics testing was still 26 00:01:17,720 --> 00:01:21,200 Speaker 2: able to prove Ken's innocence. His conviction was overturned in 27 00:01:21,200 --> 00:01:24,759 Speaker 2: two thousand and four, but a jurisdictional technicality has held 28 00:01:24,840 --> 00:01:28,720 Speaker 2: him in legal limbo ever since. Canada's son Cliff Middleton 29 00:01:28,880 --> 00:01:31,839 Speaker 2: join us to ask, how is it that even though 30 00:01:31,880 --> 00:01:36,040 Speaker 2: a new statute remedies that technicality, the current prosecutor, Jean 31 00:01:36,120 --> 00:01:53,240 Speaker 2: Peters Baker, refuses to act. This is raeful conviction. Welcome 32 00:01:53,240 --> 00:01:55,920 Speaker 2: back to Raful Conviction. I'm your host, Jason Faum. You know, 33 00:01:56,120 --> 00:01:58,840 Speaker 2: each week I have a pretty good idea of how 34 00:01:58,880 --> 00:02:00,920 Speaker 2: I'm going to start the show. You Know, usually there's 35 00:02:01,000 --> 00:02:04,800 Speaker 2: one main focus, one main problem that we can talk 36 00:02:04,840 --> 00:02:08,880 Speaker 2: about in any particular case. But this time I don't 37 00:02:09,000 --> 00:02:12,560 Speaker 2: even know where to start. When our friend Larry Garrison, 38 00:02:12,600 --> 00:02:16,200 Speaker 2: who's aptly known as the newsbreaker okay for his years 39 00:02:16,240 --> 00:02:19,760 Speaker 2: of investigative reporting and his work through Silver Creek Entertainment. 40 00:02:19,880 --> 00:02:23,040 Speaker 2: When he first told me and us here at Romful 41 00:02:23,040 --> 00:02:25,600 Speaker 2: Conviction about the case of Ken Middleton, he had lived 42 00:02:25,680 --> 00:02:28,560 Speaker 2: up to his nickname once again, I mean the Newsbreaker. 43 00:02:28,639 --> 00:02:30,920 Speaker 2: So I'll start by saying that Ken Middleton has been 44 00:02:30,919 --> 00:02:33,959 Speaker 2: in prison for over thirty years for being present during 45 00:02:34,120 --> 00:02:36,880 Speaker 2: what they may well have known all along was just 46 00:02:36,919 --> 00:02:39,800 Speaker 2: a tragic accident. And there are so many problems in 47 00:02:39,840 --> 00:02:41,799 Speaker 2: this case that we could literally pick on any one 48 00:02:41,800 --> 00:02:43,880 Speaker 2: of them and make an entire episode of the show 49 00:02:44,200 --> 00:02:47,880 Speaker 2: just about that. I'm talking about ineffective assistance of counsel, 50 00:02:48,080 --> 00:02:54,560 Speaker 2: false expert testimony, evidence, tampering, incompetent investigator's official corruption, conflicts 51 00:02:54,560 --> 00:02:58,799 Speaker 2: of interest, Ken refusing freedom through at Alford play right, 52 00:02:58,919 --> 00:03:01,120 Speaker 2: something that you never catch he's a guilty person doing, 53 00:03:01,320 --> 00:03:06,120 Speaker 2: and that's something that happened seventeen years ago, almost eighteen now. Plus. 54 00:03:06,160 --> 00:03:09,760 Speaker 2: There's this insane jurisdictional technicality that has kept this innocent 55 00:03:09,800 --> 00:03:12,040 Speaker 2: man in prison long past the time that I believe 56 00:03:12,120 --> 00:03:15,600 Speaker 2: everyone knows that he should have ever been in there. So, 57 00:03:16,600 --> 00:03:20,040 Speaker 2: without further ado, at seventy seven years old, Ken is 58 00:03:20,080 --> 00:03:23,959 Speaker 2: calling in from inside the prison walls in Missouri. Ken 59 00:03:24,120 --> 00:03:27,639 Speaker 2: I'm so sorry you're here because of the reason why 60 00:03:27,680 --> 00:03:30,320 Speaker 2: you're here, but I'm very honored to have you on 61 00:03:30,360 --> 00:03:30,760 Speaker 2: the show. 62 00:03:31,080 --> 00:03:32,680 Speaker 3: Thank you appreciate it. 63 00:03:33,280 --> 00:03:38,720 Speaker 2: And with Ken is his son and probably most passionate advocate, 64 00:03:38,880 --> 00:03:41,360 Speaker 2: Cliff Middleton. Thanks for joining us. 65 00:03:41,760 --> 00:03:44,000 Speaker 1: Thank you so much for having me on. Jason, I 66 00:03:44,080 --> 00:03:45,280 Speaker 1: really really appreciate it. 67 00:03:45,800 --> 00:03:47,280 Speaker 2: And I know how hard this is going to be. 68 00:03:47,360 --> 00:03:49,640 Speaker 2: I mean, like any other son, you love your dad 69 00:03:49,680 --> 00:03:52,960 Speaker 2: and you just want this thing to end. Okay, let's 70 00:03:53,240 --> 00:03:56,720 Speaker 2: go back in time and I'm gonna turn to you. Ken. 71 00:03:56,840 --> 00:04:00,920 Speaker 2: This is early nineteen ninety in Blue Springs, missus, and 72 00:04:01,160 --> 00:04:03,600 Speaker 2: you're there with your wife, Kathy. So tell us what 73 00:04:03,680 --> 00:04:06,600 Speaker 2: was happening in your life? What were things like before 74 00:04:06,680 --> 00:04:07,520 Speaker 2: all this happened. 75 00:04:08,000 --> 00:04:11,000 Speaker 3: It was great. We had a great marriage for over 76 00:04:11,040 --> 00:04:14,880 Speaker 3: sixteen years, had a farm in Arkansas, two different farms. 77 00:04:15,000 --> 00:04:18,000 Speaker 3: I had three hundred and fifty two acres of the land. 78 00:04:18,200 --> 00:04:21,040 Speaker 3: I had drove a truck for over twenty years and 79 00:04:21,240 --> 00:04:24,120 Speaker 3: had injured my back and I wasn't working right then. 80 00:04:24,600 --> 00:04:27,279 Speaker 3: So I was going to the farm and doing projects, 81 00:04:27,279 --> 00:04:30,400 Speaker 3: working on the house and watching nice of the cattle 82 00:04:30,440 --> 00:04:33,440 Speaker 3: and stuff like that. Kathy worked at at and t 83 00:04:33,920 --> 00:04:37,560 Speaker 3: for twenty eight years and two years he'd have her 84 00:04:37,680 --> 00:04:40,520 Speaker 3: time in horse she could retire regardless of age. And 85 00:04:40,560 --> 00:04:44,200 Speaker 3: that's what was waiting on and was moving back to targets 86 00:04:44,200 --> 00:04:44,800 Speaker 3: all for good. 87 00:04:45,400 --> 00:04:49,080 Speaker 2: And let's get into how this came to pass. So 88 00:04:49,200 --> 00:04:51,920 Speaker 2: let's go back to February twelfth, nineteen ninety and just 89 00:04:52,040 --> 00:04:54,720 Speaker 2: to set the stage here, you had been at your 90 00:04:54,760 --> 00:04:59,159 Speaker 2: place at Arkansas and you brought a handgun that you 91 00:04:59,279 --> 00:05:02,560 Speaker 2: owned back to Missouri with you. But meanwhile you had 92 00:05:02,560 --> 00:05:06,000 Speaker 2: been feeling sick, but no one knew at the time 93 00:05:06,080 --> 00:05:08,920 Speaker 2: that you or anybody that you were really seriously ill 94 00:05:08,920 --> 00:05:10,040 Speaker 2: at this point, is that right? 95 00:05:10,600 --> 00:05:14,440 Speaker 3: Right? And I was sick for left Arkansas, and when 96 00:05:14,440 --> 00:05:18,520 Speaker 3: I got back Sunday afternoon, I didn't sleep much all night. 97 00:05:18,880 --> 00:05:21,560 Speaker 3: So the next morning, Kathy had went to work at 98 00:05:21,600 --> 00:05:24,960 Speaker 3: at and T, and I unloaded the rest of my 99 00:05:25,200 --> 00:05:28,720 Speaker 3: truck and brought the gun in the house. It had 100 00:05:28,760 --> 00:05:31,880 Speaker 3: been in Arkansas since i'd went to Colorado Elcott in 101 00:05:31,920 --> 00:05:35,080 Speaker 3: the fall before, and there's a big snow and rain 102 00:05:35,160 --> 00:05:37,919 Speaker 3: and stuff in Colorado and it got wet, so I 103 00:05:38,040 --> 00:05:41,200 Speaker 3: picked it up and brought it back to Missouri. I 104 00:05:41,240 --> 00:05:43,159 Speaker 3: was aim to clean it and when I got it 105 00:05:43,160 --> 00:05:45,440 Speaker 3: out of the truck, I went in the house and 106 00:05:45,560 --> 00:05:48,719 Speaker 3: sat down. I called Kathy at work, and she asked 107 00:05:48,760 --> 00:05:51,559 Speaker 3: me how I was feeling. I said about the same. 108 00:05:51,680 --> 00:05:54,800 Speaker 3: I wasn't feeling good, and I sat in a recliner 109 00:05:54,839 --> 00:05:57,320 Speaker 3: and I went to sleep. And I'd never cleaned the gun. 110 00:05:57,839 --> 00:06:01,800 Speaker 3: So the next thing I knew, she was already home, 111 00:06:02,200 --> 00:06:04,080 Speaker 3: and she had picked up the gun out of the 112 00:06:04,360 --> 00:06:07,400 Speaker 3: towel and had the gun lean on and she was 113 00:06:07,520 --> 00:06:11,200 Speaker 3: upset that somebody had told her that I was having 114 00:06:11,200 --> 00:06:15,120 Speaker 3: an affair with a woman, which was true, but it 115 00:06:15,160 --> 00:06:18,560 Speaker 3: had been over for three years. And she walked over 116 00:06:18,839 --> 00:06:21,720 Speaker 3: to the phone in the dining room to call the woman. 117 00:06:22,120 --> 00:06:25,680 Speaker 3: So I got up and Daisy, and next thing I know, 118 00:06:25,880 --> 00:06:27,479 Speaker 3: the tragedy had happened. 119 00:06:28,360 --> 00:06:31,560 Speaker 2: And the tragedy that had happened is the matter of 120 00:06:31,600 --> 00:06:34,560 Speaker 2: this dispute between the Middletons and the state. Now, Ken 121 00:06:34,640 --> 00:06:37,240 Speaker 2: maintained his innocence in the matter, that this was a 122 00:06:37,279 --> 00:06:40,960 Speaker 2: tragic accident in which Kathy visibly upset about the news 123 00:06:40,960 --> 00:06:43,280 Speaker 2: of this affair, and on her way to the phone 124 00:06:43,320 --> 00:06:47,400 Speaker 2: to confront your alleged mistress, Kathy was holding the gun 125 00:06:47,520 --> 00:06:51,400 Speaker 2: in her left hand. And accidentally shot herself on the 126 00:06:51,480 --> 00:06:55,039 Speaker 2: left side of her forehead, splattering blood all over the wall. 127 00:06:55,600 --> 00:06:59,200 Speaker 2: This version of events is supported by the ballistics and 128 00:06:59,279 --> 00:07:01,640 Speaker 2: all the other physical evidence. And then there's what the 129 00:07:01,680 --> 00:07:04,400 Speaker 2: state wants everyone to believe. Right, bear with me, because 130 00:07:04,440 --> 00:07:07,440 Speaker 2: this is nuts. That Ken had somehow held Kathy up 131 00:07:07,480 --> 00:07:10,960 Speaker 2: against the wall and shot her in the face, but 132 00:07:11,160 --> 00:07:16,560 Speaker 2: somehow miraculously was able to be completely clear of blood 133 00:07:16,600 --> 00:07:20,080 Speaker 2: spatter or gunshot residue, not a trace on him. And 134 00:07:20,520 --> 00:07:22,600 Speaker 2: we'll get into all of that a bit later. So 135 00:07:22,760 --> 00:07:27,240 Speaker 2: back to this terrible tragedy. A gunshot rang out and 136 00:07:27,800 --> 00:07:30,320 Speaker 2: Kathy was on the floor in a pool of blood. 137 00:07:30,320 --> 00:07:32,880 Speaker 2: What a nightmare? Ken? What happened next? 138 00:07:33,120 --> 00:07:35,440 Speaker 3: I'd seen her on the floor and grabbed a gun 139 00:07:35,480 --> 00:07:38,200 Speaker 3: and put it on the table and call nine one 140 00:07:38,360 --> 00:07:42,200 Speaker 3: one immediately. I asked for the paramedics, and I'd called 141 00:07:42,240 --> 00:07:44,960 Speaker 3: him three times within a short period of time, and 142 00:07:45,040 --> 00:07:48,000 Speaker 3: wanting to know who the paramedics was. And the third time, 143 00:07:48,600 --> 00:07:53,120 Speaker 3: the operator told me to go outside, that the paramedics 144 00:07:53,120 --> 00:07:56,400 Speaker 3: were there. And I looked out, and I told her 145 00:07:56,440 --> 00:07:58,680 Speaker 3: that I'd looked out and there wasn't nobody out there, 146 00:07:58,720 --> 00:08:01,520 Speaker 3: and she convinced me to go outside that they were there. 147 00:08:02,200 --> 00:08:04,559 Speaker 3: So I went out and the first thing I seen 148 00:08:04,800 --> 00:08:08,640 Speaker 3: was a coppole behind the wall, screaming at me to 149 00:08:08,760 --> 00:08:11,520 Speaker 3: get my hands in the air and turn around with 150 00:08:11,600 --> 00:08:14,480 Speaker 3: my back to him at his gun pointed at me. 151 00:08:15,200 --> 00:08:17,560 Speaker 3: And I'd done as he said, and he'd come up 152 00:08:17,600 --> 00:08:20,880 Speaker 3: behind me and searched me. I wanted to know where 153 00:08:20,960 --> 00:08:24,760 Speaker 3: the paramedics were, and he ordered me back in the house, 154 00:08:25,440 --> 00:08:27,880 Speaker 3: and we went back in the house and he went 155 00:08:27,920 --> 00:08:31,440 Speaker 3: in and checked on my wife, and I was just hysterical, 156 00:08:31,520 --> 00:08:34,040 Speaker 3: and I guess I was down on my knees, and 157 00:08:34,200 --> 00:08:37,320 Speaker 3: he jerked me up, and when he'd done that fast, 158 00:08:37,360 --> 00:08:40,840 Speaker 3: I become dizzy, real dizzy, and I thought I was 159 00:08:40,840 --> 00:08:43,880 Speaker 3: ain't a blackout, So I said it was AMD be six, 160 00:08:44,080 --> 00:08:46,679 Speaker 3: and I went down the hall to the bathroom and 161 00:08:46,720 --> 00:08:49,320 Speaker 3: I went in and splashed water on my face, and 162 00:08:49,320 --> 00:08:51,800 Speaker 3: then he took me outside and I had a real 163 00:08:51,840 --> 00:08:54,360 Speaker 3: bad hurting in my left arm and chest. 164 00:08:55,120 --> 00:08:58,920 Speaker 2: Now, when the paramedics arrived, they determined, Kenny, you would 165 00:08:58,920 --> 00:09:02,040 Speaker 2: have been hyperventilating, complaining of chess planes and blood pressure 166 00:09:02,120 --> 00:09:05,560 Speaker 2: was going crazy, and they convinced you to go to 167 00:09:05,600 --> 00:09:07,160 Speaker 2: the hospital for an examination. 168 00:09:07,440 --> 00:09:10,200 Speaker 3: They taught me to go into the hospital, and they 169 00:09:10,240 --> 00:09:12,920 Speaker 3: took me to three medical hospitals, and then on the 170 00:09:12,960 --> 00:09:15,719 Speaker 3: third one, I was forced in a mental hospital till 171 00:09:15,760 --> 00:09:16,360 Speaker 3: the next day. 172 00:09:16,840 --> 00:09:19,240 Speaker 2: They later tried to say that you had checked into 173 00:09:19,280 --> 00:09:21,679 Speaker 2: that mental hospital to try to get away with murder 174 00:09:21,760 --> 00:09:24,319 Speaker 2: claim by claiming insanity defense. But we're getting ahead of 175 00:09:24,360 --> 00:09:27,600 Speaker 2: ourselves here, and let's not leave out the fact that 176 00:09:27,679 --> 00:09:29,720 Speaker 2: your dad was in and out of consciousness on his 177 00:09:29,760 --> 00:09:32,280 Speaker 2: way to the hospital. And they took an EKG at 178 00:09:32,280 --> 00:09:34,320 Speaker 2: the hospital and it showed that Ken, that you had 179 00:09:34,360 --> 00:09:37,960 Speaker 2: recently suffered from a heart attack. Now here's another thing 180 00:09:38,160 --> 00:09:43,559 Speaker 2: that I have trouble understanding or processing. The officers didn't 181 00:09:43,720 --> 00:09:47,640 Speaker 2: write their statements until days later, and they did it 182 00:09:48,000 --> 00:09:50,760 Speaker 2: by memory, right, And these statements that were taken from 183 00:09:50,760 --> 00:09:52,320 Speaker 2: a hysterical man who had to be rushed to the 184 00:09:52,360 --> 00:09:54,720 Speaker 2: hospital talking about you, of course, Ken, who was just 185 00:09:54,760 --> 00:09:58,000 Speaker 2: trying to help figure out what happened, So the officers 186 00:09:58,040 --> 00:10:00,079 Speaker 2: didn't bother to write it down. 187 00:10:00,200 --> 00:10:04,400 Speaker 1: There were a couple police reports that were handwritten out 188 00:10:04,559 --> 00:10:09,800 Speaker 1: that day, but the official reports that I have reviewed 189 00:10:10,400 --> 00:10:15,160 Speaker 1: were written on I believe it was February twenty first, 190 00:10:15,600 --> 00:10:17,480 Speaker 1: and Kathy died on the twelfth. 191 00:10:17,720 --> 00:10:22,120 Speaker 2: Now, in researching this case, I saw in the police 192 00:10:22,160 --> 00:10:25,240 Speaker 2: reports where they kept on documenting instances in which Ken 193 00:10:25,240 --> 00:10:28,200 Speaker 2: allegedly had done something with his hands, Like he mentioned 194 00:10:28,760 --> 00:10:32,040 Speaker 2: splashing water on its face, right, They wrote down another 195 00:10:32,080 --> 00:10:35,480 Speaker 2: instance where they said he wiped his hands on a door, 196 00:10:35,720 --> 00:10:39,840 Speaker 2: touched dirt in a potted plant, and the implication is 197 00:10:39,880 --> 00:10:44,640 Speaker 2: that Ken was trying to somehow wash away the gunshot residue. 198 00:10:44,840 --> 00:10:49,240 Speaker 1: There's a picture the Independence News Examiner paper took of 199 00:10:49,360 --> 00:10:53,720 Speaker 1: my father out there on the front stoop, leaning over 200 00:10:53,800 --> 00:11:00,000 Speaker 1: that potter plant, sobbing, and the two paramedics are consoling him. 201 00:11:00,200 --> 00:11:04,560 Speaker 1: It's very obvious that he was in a state of 202 00:11:04,720 --> 00:11:08,840 Speaker 1: shock and hysteria. First of all, you already claimed he 203 00:11:09,000 --> 00:11:12,000 Speaker 1: was washing his hands when he splashed water on his face. 204 00:11:12,559 --> 00:11:15,160 Speaker 1: It's crazy to think that somebody's trying to wash their 205 00:11:15,200 --> 00:11:18,280 Speaker 1: hands in the dirt. Unless you've been involved in something 206 00:11:18,400 --> 00:11:21,280 Speaker 1: like this, How would you even know what a gunshot 207 00:11:21,320 --> 00:11:25,840 Speaker 1: residue test is, especially in nineteen ninety Jayson, maybe today 208 00:11:25,960 --> 00:11:29,160 Speaker 1: with crime shows and things, but he didn't know what 209 00:11:29,240 --> 00:11:30,760 Speaker 1: they were testing him for. 210 00:11:31,320 --> 00:11:34,680 Speaker 3: They took my shirt, undershirt and clothes and shoes and all, 211 00:11:35,040 --> 00:11:37,480 Speaker 3: and they did test it and to come back negative. 212 00:11:37,600 --> 00:11:40,640 Speaker 3: No blood or nothing on my lone sleeve shirt. And 213 00:11:40,679 --> 00:11:43,120 Speaker 3: that picture in the front high of a house when 214 00:11:43,160 --> 00:11:45,920 Speaker 3: I was over the stoop shows the long sleeve shirt 215 00:11:46,080 --> 00:11:49,360 Speaker 3: down to my risk, there was no blood, no gunshots 216 00:11:49,640 --> 00:11:49,920 Speaker 3: on it. 217 00:11:50,320 --> 00:11:53,160 Speaker 2: Right, and as the evidence clearly shows, she was shot 218 00:11:53,280 --> 00:11:56,240 Speaker 2: from very close range, less than a foot away, and 219 00:11:56,440 --> 00:11:59,160 Speaker 2: there's no way you can do that without being covered 220 00:11:59,200 --> 00:12:03,640 Speaker 2: in blood and gunshot residue. But you weren't because you 221 00:12:03,679 --> 00:12:07,960 Speaker 2: didn't kill her. And Kathy's gunshot residue test would likely 222 00:12:08,000 --> 00:12:10,920 Speaker 2: have corroborated Ken's version of events and shown that this 223 00:12:11,080 --> 00:12:14,920 Speaker 2: was a tragic accident, not a homicide. Cliff, can you 224 00:12:14,960 --> 00:12:16,760 Speaker 2: explain what I mean by that? 225 00:12:16,800 --> 00:12:21,280 Speaker 1: They swabbed both of her hands that day four gunshot 226 00:12:21,400 --> 00:12:26,439 Speaker 1: residue and the prime document that they fill out shows 227 00:12:26,679 --> 00:12:31,200 Speaker 1: that they swabbed both hands, right and left hands, and 228 00:12:31,240 --> 00:12:34,520 Speaker 1: it shows they used two different kits to do that, 229 00:12:34,679 --> 00:12:37,640 Speaker 1: one for the right hand and one for the left hand. Well, 230 00:12:37,720 --> 00:12:41,760 Speaker 1: the next day when the coroner did the autopsy, the 231 00:12:41,880 --> 00:12:45,280 Speaker 1: corner ruled it a homicide based on what the police 232 00:12:45,280 --> 00:12:51,439 Speaker 1: were telling him, unless other information come forward to prove otherwise. 233 00:12:52,120 --> 00:12:57,640 Speaker 1: Now that gunshot residue was important information and took him 234 00:12:57,760 --> 00:13:02,560 Speaker 1: nine days to turn the gunshot residue samples into the 235 00:13:02,640 --> 00:13:06,400 Speaker 1: crime lab. And when they turned them into the crime lab, 236 00:13:06,920 --> 00:13:12,200 Speaker 1: the document was altered to show only one kit and 237 00:13:12,600 --> 00:13:15,760 Speaker 1: the left hand was wided out to show they only 238 00:13:15,840 --> 00:13:19,880 Speaker 1: tested the right hand when she was shot from eight 239 00:13:19,920 --> 00:13:22,559 Speaker 1: to twelve inches away on the left side of her head. 240 00:13:22,960 --> 00:13:25,360 Speaker 2: You really have to see this to believe it. And 241 00:13:25,400 --> 00:13:27,600 Speaker 2: we're going to link pictures of this in our episode 242 00:13:27,640 --> 00:13:31,520 Speaker 2: filed because I'm looking at it right now and i 243 00:13:31,640 --> 00:13:34,760 Speaker 2: still can't believe that I'm actually looking at what I'm 244 00:13:34,800 --> 00:13:38,920 Speaker 2: looking at. Okay. So, the test of Kathy's left hand, 245 00:13:39,679 --> 00:13:41,720 Speaker 2: the one in which she would have held the gun 246 00:13:41,960 --> 00:13:44,840 Speaker 2: in order to shoot herself, the test of that hand 247 00:13:46,000 --> 00:13:52,360 Speaker 2: disappeared or it wasn't tested on purpose. There's only two possibilities. 248 00:13:52,480 --> 00:13:55,840 Speaker 2: The crime lab document that should have been for both 249 00:13:55,840 --> 00:14:01,120 Speaker 2: of her hands was altered with whiteout. Okay, remember white out, 250 00:14:01,480 --> 00:14:04,960 Speaker 2: it's unreal. This is like to show that only her 251 00:14:05,040 --> 00:14:08,520 Speaker 2: right hand had been tested, and this is reinforced when 252 00:14:08,559 --> 00:14:11,640 Speaker 2: you compare it with the GSR test document for Ken 253 00:14:11,760 --> 00:14:14,960 Speaker 2: in the same handwriting okay, get ready for this, it 254 00:14:15,120 --> 00:14:20,120 Speaker 2: states quote number of articles two GSR test kits for 255 00:14:20,280 --> 00:14:24,120 Speaker 2: right and left hands end quote. But then on Kathy's 256 00:14:24,160 --> 00:14:28,240 Speaker 2: GSR test document, in the same exact handwriting, it says, 257 00:14:28,440 --> 00:14:32,960 Speaker 2: quote number of articles and whatever was there is white 258 00:14:33,040 --> 00:14:37,640 Speaker 2: it out right, just white it out, and the number 259 00:14:37,680 --> 00:14:40,680 Speaker 2: one is at its place, and then it reads quote 260 00:14:40,720 --> 00:14:45,480 Speaker 2: gunshot residue for right end quote, followed by another gob 261 00:14:45,600 --> 00:14:48,800 Speaker 2: of white out and the word hand. So in all 262 00:14:49,000 --> 00:14:52,920 Speaker 2: likelihood the white out is simply covering the words and left, 263 00:14:53,200 --> 00:14:55,720 Speaker 2: as it would have been in a request for testing 264 00:14:55,760 --> 00:14:59,680 Speaker 2: of both right and left hands, where now only one 265 00:14:59,800 --> 00:15:03,560 Speaker 2: test for her right hand exists and the one that 266 00:15:03,720 --> 00:15:07,040 Speaker 2: really matters the left hand is missing. 267 00:15:07,840 --> 00:15:10,920 Speaker 3: Later on, after us convicted years later, we took their 268 00:15:10,960 --> 00:15:15,360 Speaker 3: deposition and Jeff Rodgers that wrote the report out, he 269 00:15:15,480 --> 00:15:17,720 Speaker 3: swore that he didn't put the white out on that 270 00:15:18,160 --> 00:15:21,520 Speaker 3: because it's on green paper, and he said that he 271 00:15:21,520 --> 00:15:23,920 Speaker 3: wouldn't have whited it out, he'd have just filled out 272 00:15:23,960 --> 00:15:26,720 Speaker 3: a new report. And we got Dave Link, the one 273 00:15:26,760 --> 00:15:29,680 Speaker 3: that took it to the lab nine days later. He 274 00:15:29,960 --> 00:15:32,680 Speaker 3: swore up and down that he didn't do it, and 275 00:15:32,920 --> 00:15:36,680 Speaker 3: he was asked did he always take both hands of 276 00:15:36,760 --> 00:15:41,840 Speaker 3: a close gunshot residue test. He said yes. My attorney 277 00:15:41,880 --> 00:15:46,080 Speaker 3: asking years later in ninety seven, always, and he said absolutely. 278 00:15:46,480 --> 00:15:50,080 Speaker 2: They whited out the left hand, and they whited out 279 00:15:50,280 --> 00:15:54,040 Speaker 2: the number of articles. I mean, somebody literally just took 280 00:15:54,200 --> 00:15:54,840 Speaker 2: white out. 281 00:15:55,320 --> 00:15:58,280 Speaker 1: Yeah, the left hand. If it would have come back positive, 282 00:15:58,640 --> 00:16:02,960 Speaker 1: it would have been powerful, full evidence that she accidentally 283 00:16:03,000 --> 00:16:07,240 Speaker 1: fired the gun herself. Our attorney told us that if 284 00:16:07,240 --> 00:16:10,000 Speaker 1: that left hand come back positive, the coroner would have 285 00:16:10,080 --> 00:16:13,480 Speaker 1: changed his findings and they wouldn't have had a case 286 00:16:13,480 --> 00:16:16,440 Speaker 1: against my father. It all would have ended right there. 287 00:16:28,840 --> 00:16:33,080 Speaker 2: This episode is underwritten by AIG, a leading global insurance company. 288 00:16:33,440 --> 00:16:36,880 Speaker 2: AIG is committed to corporate social responsibility and is making 289 00:16:36,920 --> 00:16:39,720 Speaker 2: a positive difference in the lives of its employees and 290 00:16:39,760 --> 00:16:42,440 Speaker 2: in the communities where we work and live. In light 291 00:16:42,520 --> 00:16:45,280 Speaker 2: of the compelling need for pro bono legal assistance, and 292 00:16:45,320 --> 00:16:49,359 Speaker 2: in recognition of AIG's commitment to criminal and social justice reform, 293 00:16:49,560 --> 00:16:53,360 Speaker 2: the AIG pro Bono Program provides free legal services and 294 00:16:53,520 --> 00:17:03,400 Speaker 2: other support to underrepresented communities and individuals. Now, this is 295 00:17:03,440 --> 00:17:06,720 Speaker 2: a small town police department. My understanding is there hadn't 296 00:17:06,760 --> 00:17:10,760 Speaker 2: been a homicide investigation in almost a decade. These people 297 00:17:10,840 --> 00:17:14,240 Speaker 2: were not up to the task, and they started making 298 00:17:14,280 --> 00:17:16,560 Speaker 2: mistakes more or less as soon as they walked into 299 00:17:16,600 --> 00:17:17,080 Speaker 2: the house. 300 00:17:17,359 --> 00:17:19,920 Speaker 1: Yes, yes, And like so many other cases, I believe 301 00:17:20,000 --> 00:17:24,640 Speaker 1: the police immediately focused on my father and had tunnel 302 00:17:24,720 --> 00:17:29,840 Speaker 1: vision as they began to investigate this case. I'll start 303 00:17:29,920 --> 00:17:34,119 Speaker 1: with the fact that they took photos that day of 304 00:17:34,280 --> 00:17:40,080 Speaker 1: the alleged crime scene, and the photos allegedly did not 305 00:17:40,320 --> 00:17:46,720 Speaker 1: come out, and after Kathy's body was removed, they went 306 00:17:46,880 --> 00:17:51,199 Speaker 1: back and restaged the crime scene and took new photos. 307 00:17:51,720 --> 00:17:54,520 Speaker 1: By the time they'd done this, my stepmother had already 308 00:17:54,560 --> 00:17:58,320 Speaker 1: been taken out of the house, and the fire department 309 00:17:58,359 --> 00:18:01,600 Speaker 1: had actually been called in to cut sheet rock out 310 00:18:01,680 --> 00:18:05,159 Speaker 1: of the wall with blood spatter and things, and so 311 00:18:05,320 --> 00:18:08,840 Speaker 1: the new pictures they took the sheet rock was already 312 00:18:08,840 --> 00:18:13,320 Speaker 1: cut out, and they had drawn a diagram of the 313 00:18:13,400 --> 00:18:18,320 Speaker 1: dining room where this happened, and the diagram didn't match 314 00:18:18,400 --> 00:18:22,240 Speaker 1: the pictures. They had moved the dining room table all 315 00:18:22,280 --> 00:18:25,520 Speaker 1: the way up against the wall to make it appear 316 00:18:25,640 --> 00:18:29,880 Speaker 1: that there was a bigger area there when she was shot. 317 00:18:30,040 --> 00:18:33,200 Speaker 2: Right to make room for this alleged struggle that never 318 00:18:33,240 --> 00:18:35,840 Speaker 2: even happened. When she went to use the phone. 319 00:18:36,119 --> 00:18:38,840 Speaker 1: In every picture they took of this small dining room, 320 00:18:39,160 --> 00:18:42,560 Speaker 1: they missed that phone, Jason by a quarter of an inch. 321 00:18:43,400 --> 00:18:47,560 Speaker 1: Another mistake that was made that day at the crime scene. 322 00:18:47,600 --> 00:18:53,360 Speaker 1: According to the police reports, they unclothed my stepmother naked 323 00:18:54,080 --> 00:18:58,120 Speaker 1: right there on the dining room floor and folded her 324 00:18:58,119 --> 00:19:01,560 Speaker 1: clothes up and put them in bags and transported her 325 00:19:02,080 --> 00:19:06,679 Speaker 1: to the morgue naked for them to unclothe her and 326 00:19:06,840 --> 00:19:11,000 Speaker 1: alter any evidence that could have been gathered from that. Now, 327 00:19:11,080 --> 00:19:15,800 Speaker 1: that goes against every protocol of any police department anywhere. 328 00:19:16,320 --> 00:19:19,439 Speaker 3: Best I remember, the medical examiner said she'd come in 329 00:19:19,520 --> 00:19:23,880 Speaker 3: fully clothing, So what they actually done was recloser before 330 00:19:24,400 --> 00:19:26,080 Speaker 3: the medical examiner. 331 00:19:25,600 --> 00:19:31,000 Speaker 1: Examiner, that's exactly right. What the medical examiner reported didn't 332 00:19:31,080 --> 00:19:34,639 Speaker 1: match the police reports. They unclothed her and at some 333 00:19:34,880 --> 00:19:37,080 Speaker 1: point reclothed her. 334 00:19:37,080 --> 00:19:40,959 Speaker 2: So they mishandled the scene, and the evidence altered or disappeared. 335 00:19:41,000 --> 00:19:43,959 Speaker 2: The key gunshot resident detest to Kathy's left hand. And 336 00:19:44,000 --> 00:19:47,720 Speaker 2: then they arrested you, and eventually you got out un bond, 337 00:19:47,840 --> 00:19:50,280 Speaker 2: And even that was kind of odd, right. 338 00:19:50,480 --> 00:19:54,800 Speaker 3: Prosecutor Peters agreed to ten thousand, and he put a 339 00:19:54,920 --> 00:19:59,639 Speaker 3: restriction on my bond. It says not to dispose of 340 00:19:59,720 --> 00:20:03,840 Speaker 3: any marital or jointly held property without the permission of 341 00:20:03,880 --> 00:20:06,600 Speaker 3: the prosecute attorney in the probate court. 342 00:20:06,880 --> 00:20:09,639 Speaker 1: You got the State of Missouri coming after you with 343 00:20:09,840 --> 00:20:14,920 Speaker 1: unlimited resources, and your life and liberty is on the line. 344 00:20:15,080 --> 00:20:18,800 Speaker 1: My dad should have had access to every dime he 345 00:20:19,160 --> 00:20:21,200 Speaker 1: had to save his life. 346 00:20:21,080 --> 00:20:23,640 Speaker 2: Right, And this also gets us to a crazy part 347 00:20:23,640 --> 00:20:27,520 Speaker 2: of this whole story. So while you're facing Prosecutor Patrick 348 00:20:27,560 --> 00:20:30,760 Speaker 2: Peters in this criminal trial against you, there's also a 349 00:20:30,840 --> 00:20:35,119 Speaker 2: wrongful death civil suit filed against you by Kathy's sisters. 350 00:20:35,280 --> 00:20:42,760 Speaker 2: And get this, Prosecutor Peters's father is part of the 351 00:20:42,880 --> 00:20:48,480 Speaker 2: law firm behind that civil suit, so stands to benefit 352 00:20:48,960 --> 00:20:51,840 Speaker 2: from the outcome. And of course you didn't even know 353 00:20:51,880 --> 00:20:52,639 Speaker 2: that at the time. 354 00:20:53,080 --> 00:20:55,600 Speaker 3: They had concealed it, and they had said that he 355 00:20:55,760 --> 00:20:59,040 Speaker 3: had convinced them and he would convict me, and the 356 00:20:59,160 --> 00:21:01,479 Speaker 3: law firm would help keep me in prison. 357 00:21:02,000 --> 00:21:06,320 Speaker 1: I'd like to point out that the Blue Springs Police Department, 358 00:21:06,600 --> 00:21:10,760 Speaker 1: city attorney for Blue Springs was also in the same 359 00:21:10,880 --> 00:21:14,479 Speaker 1: law firm as the prosecutor's father, So you had a 360 00:21:14,600 --> 00:21:18,879 Speaker 1: triangle of a conflict of interest here that was hidden 361 00:21:18,920 --> 00:21:20,000 Speaker 1: from everyone. 362 00:21:20,359 --> 00:21:22,200 Speaker 2: Every time we do an episode, I always think I've 363 00:21:22,200 --> 00:21:24,159 Speaker 2: heard it all, I could say, even after doing two 364 00:21:24,280 --> 00:21:27,320 Speaker 2: hundred and fifty episodes of this show, I've never heard 365 00:21:27,320 --> 00:21:32,280 Speaker 2: of that the prosecutor refers the family of the woman 366 00:21:32,320 --> 00:21:38,200 Speaker 2: who died to his own father's law firm. Now everybody's compromised, right, 367 00:21:38,320 --> 00:21:41,080 Speaker 2: because now there's a whole nother motive for them to 368 00:21:41,160 --> 00:21:44,200 Speaker 2: want to convict you of this crime so that everybody 369 00:21:44,240 --> 00:21:45,040 Speaker 2: can make money. 370 00:21:45,440 --> 00:21:48,920 Speaker 1: And they ultimately got a one point three five million 371 00:21:49,000 --> 00:21:52,520 Speaker 1: dollar default wrongful debt judgment against my father. 372 00:21:53,000 --> 00:21:58,240 Speaker 2: So now there's been this litany of errors, misconduct, malfeasans 373 00:21:58,240 --> 00:22:00,840 Speaker 2: straight up insanity. I'm going to call it what it is, 374 00:22:00,880 --> 00:22:04,520 Speaker 2: it's insanity. And now finally it's time for the trial. 375 00:22:05,320 --> 00:22:08,960 Speaker 2: It's February nineteen ninety one, a year after the incident. 376 00:22:09,320 --> 00:22:12,959 Speaker 1: Basically, the cross of the States case against my dad 377 00:22:13,200 --> 00:22:16,119 Speaker 1: was that he held her up against the wall and 378 00:22:16,240 --> 00:22:18,760 Speaker 1: shot her from a foot away from her face. 379 00:22:19,200 --> 00:22:23,000 Speaker 3: The prosecutor put on his so called experts, saying that 380 00:22:23,040 --> 00:22:26,840 Speaker 3: she was two inches away from the wall and that 381 00:22:26,960 --> 00:22:29,959 Speaker 3: I had my arm across her chest and held her 382 00:22:30,000 --> 00:22:33,120 Speaker 3: up against the wall and shot her and blood experts 383 00:22:33,200 --> 00:22:36,159 Speaker 3: admitted that he had a week's training and he. 384 00:22:36,280 --> 00:22:40,320 Speaker 1: Self taught he had taken a forty hour course on 385 00:22:40,440 --> 00:22:45,040 Speaker 1: blood spatter evidence. That's all the training that their expert had. 386 00:22:45,160 --> 00:22:48,440 Speaker 2: These quote unquote experts had a forty hour training course 387 00:22:48,600 --> 00:22:50,840 Speaker 2: that doesn't actually teach you anything except how to act 388 00:22:50,880 --> 00:22:53,520 Speaker 2: like you know what you're talking about in court pretty much, right. 389 00:22:53,440 --> 00:22:56,359 Speaker 3: But he didn't tell that there was no gun shot 390 00:22:56,440 --> 00:22:59,639 Speaker 3: residue on my hands or long sleeve shirt, or blood 391 00:22:59,720 --> 00:23:02,040 Speaker 3: or not the nails on my lone sleeve shirt. 392 00:23:02,359 --> 00:23:05,240 Speaker 1: And they said he put a bootprint on the wall, 393 00:23:05,600 --> 00:23:09,800 Speaker 1: which was false. It had been there weeks prior, and 394 00:23:09,840 --> 00:23:13,160 Speaker 1: in order for that bootprint to get there, his leg 395 00:23:13,200 --> 00:23:15,600 Speaker 1: would have had to have bent backwards at the knee 396 00:23:15,840 --> 00:23:19,600 Speaker 1: and hyper extended in order to put that bootprint there. 397 00:23:19,960 --> 00:23:22,960 Speaker 2: Right, you have this bootprint that was physically impossible to 398 00:23:23,080 --> 00:23:25,600 Speaker 2: have been made in this scenario. But you know what, 399 00:23:26,640 --> 00:23:30,440 Speaker 2: none of it freaking matters. Why they could have produced 400 00:23:30,680 --> 00:23:33,919 Speaker 2: any other made up nonsense to try to support their theory. 401 00:23:34,000 --> 00:23:38,400 Speaker 2: But without Ken being covered in blood and GSR, it's 402 00:23:38,560 --> 00:23:42,800 Speaker 2: all pure drivel. Blood in GSR has to be present 403 00:23:42,960 --> 00:23:47,159 Speaker 2: for us to even entertain these bullshit footprints, not to 404 00:23:47,280 --> 00:23:51,760 Speaker 2: mention the analysis from Bob Tressel, the renowned forensic crime investigator, 405 00:23:51,760 --> 00:23:55,720 Speaker 2: that further clarifies just how bogus the state's theory was. 406 00:23:55,840 --> 00:23:57,879 Speaker 2: We'll get into all of that a bit later, but 407 00:23:58,080 --> 00:24:01,160 Speaker 2: unfortunately Ken didn't benefit from Bob Restol's testimony or any 408 00:24:01,160 --> 00:24:04,680 Speaker 2: of this being pointed out at the original trial. Ken's attorney, 409 00:24:04,800 --> 00:24:09,720 Speaker 2: Bob Duncan, couldn't be bothered to do an investigation, not 410 00:24:09,840 --> 00:24:13,400 Speaker 2: even a thorough examination of the gun. Cliff what else 411 00:24:13,440 --> 00:24:14,399 Speaker 2: did the state present? 412 00:24:14,840 --> 00:24:18,920 Speaker 1: They also put on evidence that the gun would take 413 00:24:19,000 --> 00:24:21,480 Speaker 1: ten pounds of pressure I believe it was without the 414 00:24:21,520 --> 00:24:25,920 Speaker 1: hammer pulled three and a half pounds with the hammer pulled. Well, 415 00:24:25,960 --> 00:24:28,600 Speaker 1: the gun needed to be examined in the exact state 416 00:24:29,000 --> 00:24:32,040 Speaker 1: it was found in, and it wasn't. They had dismantled 417 00:24:32,040 --> 00:24:35,119 Speaker 1: it and put it back together before testing it, so 418 00:24:35,200 --> 00:24:37,760 Speaker 1: if there was any problems with the gun, they fixed 419 00:24:37,760 --> 00:24:41,080 Speaker 1: it when they put it back together. Bob Duncan was 420 00:24:41,240 --> 00:24:44,400 Speaker 1: asleep at the wheel, if you will, and had none 421 00:24:44,400 --> 00:24:47,480 Speaker 1: of the physical evidence examined by an expert, and hadn't 422 00:24:47,520 --> 00:24:52,000 Speaker 1: interviewed any witnesses. He was totally unprepared for the case 423 00:24:52,040 --> 00:24:53,119 Speaker 1: to even go to trial. 424 00:24:53,359 --> 00:24:55,600 Speaker 2: Did I hear this correctly? That he didn't even make 425 00:24:55,640 --> 00:24:56,840 Speaker 2: an opening statement. 426 00:24:57,320 --> 00:24:59,399 Speaker 1: He reserved one and he forgot to give it. 427 00:25:00,080 --> 00:25:02,359 Speaker 3: I couldn't get him to do nothing. They didn't see 428 00:25:02,359 --> 00:25:06,040 Speaker 3: nothing about the gunshot was do not one word of 429 00:25:06,080 --> 00:25:09,000 Speaker 3: them with lighting that document out. They never seen it. 430 00:25:09,080 --> 00:25:12,520 Speaker 1: Without a proper defense, you're out there, mercy. 431 00:25:12,680 --> 00:25:16,520 Speaker 3: Years later, in ninety five and ninety six, he gave 432 00:25:16,600 --> 00:25:20,320 Speaker 3: me three affi davids of what he had failed to do. 433 00:25:20,800 --> 00:25:23,679 Speaker 3: This is my trial attorney, Robert Duncan. I did not 434 00:25:23,880 --> 00:25:27,280 Speaker 3: have any physical evidence in the case examined by a 435 00:25:27,320 --> 00:25:30,640 Speaker 3: forensic expert, other than to speak to a gun expert 436 00:25:30,680 --> 00:25:33,639 Speaker 3: about the gun. But I did not have him examine 437 00:25:33,680 --> 00:25:38,720 Speaker 3: the gun. And then he gave another affidavit and he said, father, 438 00:25:39,000 --> 00:25:42,600 Speaker 3: I believe my ability to defend mister Middleton was impaired 439 00:25:42,960 --> 00:25:47,119 Speaker 3: because I wasn't given information of the connection between the 440 00:25:47,160 --> 00:25:52,080 Speaker 3: police department, the prosecutor, and the civil claims against mister 441 00:25:52,119 --> 00:25:57,639 Speaker 3: Middleton seeking a substantial monetary recovery. This information, if for 442 00:25:57,680 --> 00:26:01,880 Speaker 3: no other purpose, would have been admits as impeachment evidence 443 00:26:02,200 --> 00:26:06,240 Speaker 3: showing the bias of the police and some of the witnesses. 444 00:26:06,480 --> 00:26:09,600 Speaker 2: So Kathy's sister, Mildred Anderson, gave false testimony for the 445 00:26:09,640 --> 00:26:13,199 Speaker 2: prosecution to show motive that Ken had secret assets in 446 00:26:13,359 --> 00:26:15,639 Speaker 2: Arkansas that no one in the family was aware of. 447 00:26:15,880 --> 00:26:18,560 Speaker 2: And we know this is just another lie because Mildred 448 00:26:18,640 --> 00:26:21,160 Speaker 2: Anderson later said she admitted that she and the rest 449 00:26:21,200 --> 00:26:23,600 Speaker 2: of the family actually did know about all of the 450 00:26:23,680 --> 00:26:27,880 Speaker 2: assets before Kathy's death, which is a clear cut example 451 00:26:28,000 --> 00:26:29,159 Speaker 2: of perjury. 452 00:26:29,160 --> 00:26:32,000 Speaker 3: Which in Missouri in a murder case, that's a class 453 00:26:32,000 --> 00:26:36,160 Speaker 3: A felony. Intact Peters colluded with her because Peter's put 454 00:26:36,160 --> 00:26:40,120 Speaker 3: it in the question would be simple for her says, quote, 455 00:26:40,480 --> 00:26:43,479 Speaker 3: quite a bit of holdings down in Arkansas that you 456 00:26:44,440 --> 00:26:50,320 Speaker 3: and your family, including your sister, were unaware of. She says, yes. 457 00:26:50,960 --> 00:26:55,040 Speaker 1: It should also be mentioned Jason that after the sisters 458 00:26:55,280 --> 00:27:00,439 Speaker 1: testified to that, the prosecutor instructed the police depart meant 459 00:27:00,640 --> 00:27:04,720 Speaker 1: to release eighteen thousand, seven hundred dollars worth of jewelry 460 00:27:04,760 --> 00:27:08,160 Speaker 1: that was confiscated out of the house to the witness. 461 00:27:08,520 --> 00:27:11,520 Speaker 1: So not only was it perjury, she was rewarded with 462 00:27:11,800 --> 00:27:15,200 Speaker 1: eighteen thousand, seven hundred dollars worth of jewelry, and then. 463 00:27:15,119 --> 00:27:19,040 Speaker 3: Eight years later on March at twenty fifth to ninety nine, 464 00:27:19,480 --> 00:27:24,320 Speaker 3: Mildred Anderson gave foreign testimony entered Arkansas lawsuit against Kenneth 465 00:27:24,359 --> 00:27:27,960 Speaker 3: Middleton which show she clearly perjured herself in nineteen ninety 466 00:27:27,960 --> 00:27:31,000 Speaker 3: one and her sister coaborated it. 467 00:27:31,400 --> 00:27:35,200 Speaker 2: Wow, okay, So I got to ask about what must 468 00:27:35,200 --> 00:27:38,320 Speaker 2: have been the worst day all of your life, which 469 00:27:38,359 --> 00:27:40,520 Speaker 2: of course is the day that the jury went out 470 00:27:40,560 --> 00:27:44,600 Speaker 2: for a freaking hour and came back in and sentenced 471 00:27:44,640 --> 00:27:48,680 Speaker 2: you to life without parole plus two hundred years. 472 00:27:48,920 --> 00:27:51,600 Speaker 3: Well, I don't know how to describe it, but I 473 00:27:51,680 --> 00:27:54,880 Speaker 3: was in chock, and until this happened, I never spent 474 00:27:54,960 --> 00:27:57,280 Speaker 3: a day in jail in my life. And take you 475 00:27:57,359 --> 00:28:01,200 Speaker 3: from being free in the country and working all my 476 00:28:01,280 --> 00:28:05,600 Speaker 3: life to tow you in a cage is unbelievable. I 477 00:28:05,600 --> 00:28:06,320 Speaker 3: can't explain. 478 00:28:07,080 --> 00:28:10,359 Speaker 1: Growing up as a kid, I would have never in 479 00:28:10,400 --> 00:28:13,240 Speaker 1: a million years dreamed that what happened to my dad 480 00:28:13,280 --> 00:28:16,280 Speaker 1: would have happened to him. He just was, you know, 481 00:28:18,240 --> 00:28:22,040 Speaker 1: a great father. He's been more of a father to 482 00:28:22,160 --> 00:28:26,800 Speaker 1: me behind bars than most kids could ask for from 483 00:28:26,800 --> 00:28:31,560 Speaker 1: a father on the street. And it was devastating to 484 00:28:31,680 --> 00:28:33,120 Speaker 1: our whole family. 485 00:28:49,960 --> 00:28:51,880 Speaker 2: So now we moved to the post conviction and there's 486 00:28:51,880 --> 00:28:55,160 Speaker 2: still more insanity to come. So it's nineteen ninety two 487 00:28:55,240 --> 00:28:57,920 Speaker 2: and your repellent attorney is a man named Gerald Handley 488 00:28:58,040 --> 00:29:01,880 Speaker 2: who was recommended by Bob. Well, that's not a good sign. 489 00:29:02,120 --> 00:29:04,320 Speaker 2: And one of the first things we come to is 490 00:29:04,360 --> 00:29:07,160 Speaker 2: that what's called the twenty nine to fifteen appeal, Cliff, 491 00:29:07,160 --> 00:29:09,680 Speaker 2: can you explain that to us and get us started here? 492 00:29:10,200 --> 00:29:14,000 Speaker 1: After trial, the first appeal that you have in the 493 00:29:14,000 --> 00:29:17,240 Speaker 1: state of Missouri is your post conviction twenty nine to fifteen. 494 00:29:17,800 --> 00:29:20,720 Speaker 1: Twenty nine to fifteen is an appeal that's filed back 495 00:29:20,760 --> 00:29:24,240 Speaker 1: in front of the trial judge to evaluate your trial 496 00:29:24,440 --> 00:29:27,360 Speaker 1: to make sure that you had a fair trial. That's 497 00:29:27,400 --> 00:29:30,840 Speaker 1: where you bring your ineffective assistance of council issues if 498 00:29:30,880 --> 00:29:34,440 Speaker 1: you have any. So you have ninety days to do 499 00:29:34,480 --> 00:29:37,160 Speaker 1: that in Missouri or you don't get that hearing on 500 00:29:37,280 --> 00:29:40,840 Speaker 1: ineffective assistance a council. And that's right back in front 501 00:29:40,840 --> 00:29:43,520 Speaker 1: of the very trial judge that just set on your 502 00:29:43,560 --> 00:29:47,040 Speaker 1: trial and convicted you. So you got a high burden 503 00:29:47,120 --> 00:29:49,440 Speaker 1: to meet there, right, you got to prove that you 504 00:29:49,480 --> 00:29:52,600 Speaker 1: had an unfair trial and your attorney didn't do his job. 505 00:29:53,080 --> 00:29:56,880 Speaker 1: Our appellent attorney at that time had a ninety day 506 00:29:57,000 --> 00:30:00,720 Speaker 1: window to file an amended petition for DA and get 507 00:30:00,760 --> 00:30:04,400 Speaker 1: all of his issues in the appeal. He never met 508 00:30:04,440 --> 00:30:07,360 Speaker 1: with my dad, never went over any of the issues, 509 00:30:07,440 --> 00:30:10,440 Speaker 1: which the law requires him to do. And at the 510 00:30:10,600 --> 00:30:13,240 Speaker 1: last minute, before the ninety days was up and you 511 00:30:13,280 --> 00:30:18,080 Speaker 1: could get no extensions, my dad gets a letter from 512 00:30:18,320 --> 00:30:22,200 Speaker 1: his attorney telling him to sign this affidavit that all 513 00:30:22,240 --> 00:30:25,640 Speaker 1: of his issues are in the amended petition, even though 514 00:30:25,920 --> 00:30:28,360 Speaker 1: my dad had never seen the petition. And if you 515 00:30:28,400 --> 00:30:31,760 Speaker 1: didn't sign that affidavit and have it with your amended 516 00:30:31,760 --> 00:30:34,600 Speaker 1: petition when you filed it, you were out. You couldn't 517 00:30:34,600 --> 00:30:37,200 Speaker 1: even get a twenty nine to fifteen hearing. So my 518 00:30:37,280 --> 00:30:40,560 Speaker 1: dad had to sign it and at least hope that 519 00:30:40,680 --> 00:30:43,080 Speaker 1: his attorney was going to put all of his issues 520 00:30:43,080 --> 00:30:45,360 Speaker 1: in it. Well, we had to do a lot of 521 00:30:45,360 --> 00:30:49,600 Speaker 1: fanagulon to get that affidavit to him before Monday, and 522 00:30:49,640 --> 00:30:52,680 Speaker 1: when we got it to him on Monday, Gerald Hanley 523 00:30:52,960 --> 00:30:57,920 Speaker 1: filed a three page motion on my dad's life, procedurally 524 00:30:58,000 --> 00:31:02,000 Speaker 1: defaulting all of his issues on a pial. So because 525 00:31:02,040 --> 00:31:06,240 Speaker 1: that attorney procedurally defaulted all of his issues, the facts 526 00:31:06,280 --> 00:31:08,720 Speaker 1: and the merits of his case were never. 527 00:31:08,520 --> 00:31:11,880 Speaker 3: Heard, and when we went to the evidentiary hearing, I 528 00:31:11,960 --> 00:31:15,280 Speaker 3: had nine witnesses out in the hallway. When I got 529 00:31:15,320 --> 00:31:19,640 Speaker 3: to the courthouse, the witnesses that knew Pat Peters through 530 00:31:19,720 --> 00:31:24,120 Speaker 3: trial seen Pat Peters talking to the uniform guard, and 531 00:31:24,160 --> 00:31:27,320 Speaker 3: the guard took a post at the door and wouldn't 532 00:31:27,400 --> 00:31:31,120 Speaker 3: let none of my witnesses in the courtroom. I didn't 533 00:31:31,120 --> 00:31:33,280 Speaker 3: know what happened to himuntil I got back to the 534 00:31:33,360 --> 00:31:37,040 Speaker 3: jail and made some calls. Peters called Duncan to the 535 00:31:37,080 --> 00:31:42,400 Speaker 3: stand and Duncan testified this basically, answering Peter's questions, said 536 00:31:42,440 --> 00:31:45,200 Speaker 3: I checked himself into the hospital. Well, I shake him 537 00:31:45,200 --> 00:31:47,280 Speaker 3: the head. It was a lie because I was forced 538 00:31:47,320 --> 00:31:48,520 Speaker 3: in that mental hospital. 539 00:31:48,640 --> 00:31:51,080 Speaker 1: One of the records that Bob Duncan didn't get was 540 00:31:51,080 --> 00:31:54,960 Speaker 1: the medical records from the mental ward. The prosecution's theory 541 00:31:55,240 --> 00:31:59,000 Speaker 1: was that it was trial strategy for Duncan to not 542 00:31:59,240 --> 00:32:03,760 Speaker 1: get the medical records, because the prosecution had a witness 543 00:32:03,800 --> 00:32:07,040 Speaker 1: that would have said Dad told him, if you want 544 00:32:07,040 --> 00:32:09,680 Speaker 1: to get away with murder, you check yourself into a 545 00:32:09,720 --> 00:32:13,120 Speaker 1: mental ward after you do it. So Judge Messina agreed 546 00:32:13,160 --> 00:32:17,040 Speaker 1: and said, yeah, that's not ineffective assistance and counsel. He 547 00:32:17,080 --> 00:32:20,920 Speaker 1: didn't get them records because he voluntarily checked hisself into 548 00:32:20,960 --> 00:32:24,600 Speaker 1: a mental ward. Well that wasn't true, but Gerald Hanley 549 00:32:24,960 --> 00:32:28,720 Speaker 1: never got the records either, so the judge never knew. 550 00:32:28,480 --> 00:32:31,600 Speaker 2: This, and so the hearing ended and no witness is recalled, 551 00:32:31,680 --> 00:32:35,160 Speaker 2: no expert testimony was given, and no evidence was presented 552 00:32:35,200 --> 00:32:39,600 Speaker 2: to refute the state. Gerald Hanley ended up being, and 553 00:32:39,640 --> 00:32:41,920 Speaker 2: this is hard to believe, but he ended up being 554 00:32:42,080 --> 00:32:46,320 Speaker 2: just as disinterested as Bob Duncan was before. And so predictably, 555 00:32:46,480 --> 00:32:51,760 Speaker 2: Judge Messina rejected your twenty nine to fifteen appeal. It's insane. 556 00:32:51,760 --> 00:32:54,040 Speaker 2: It's not because the appeal wasn'tvalid. It's because the lawyers 557 00:32:54,080 --> 00:32:56,800 Speaker 2: didn't do their freaking jobs. And according to the law 558 00:32:56,840 --> 00:33:00,480 Speaker 2: at that time, the trial courts jurisdiction over your case ended. 559 00:33:01,080 --> 00:33:05,200 Speaker 2: So Cliff, eventually you all get a new attorney, Jonathan Lawrence, 560 00:33:05,320 --> 00:33:07,640 Speaker 2: and there's a new law that gave you and your 561 00:33:07,720 --> 00:33:12,080 Speaker 2: dad some hope, or maybe false hopes, but some positive 562 00:33:12,080 --> 00:33:15,560 Speaker 2: things came about, nonetheless, So can you tell us what 563 00:33:15,640 --> 00:33:16,200 Speaker 2: happened next? 564 00:33:16,400 --> 00:33:19,120 Speaker 1: In two thousand and one, a law come down that 565 00:33:19,360 --> 00:33:24,680 Speaker 1: give courts the opportunity to reevaluate cases. If you could 566 00:33:24,680 --> 00:33:29,280 Speaker 1: prove your twenty nine to fifteen attorney Gerald Hanley abandoned 567 00:33:29,320 --> 00:33:32,680 Speaker 1: you on your twenty nine to fifteen the trial courts 568 00:33:32,720 --> 00:33:35,720 Speaker 1: could look at your case again. So my dad had 569 00:33:35,760 --> 00:33:39,120 Speaker 1: done all this research on this and had done everything, 570 00:33:39,680 --> 00:33:43,880 Speaker 1: and we took it to Jonathan Lawrence, and Jonathan Lawrence 571 00:33:44,360 --> 00:33:46,400 Speaker 1: at first didn't think we could do it, but once 572 00:33:46,440 --> 00:33:48,560 Speaker 1: he read the case law, he said, yeah, I believe 573 00:33:48,600 --> 00:33:53,000 Speaker 1: we can. So Jonathan Lawrence got involved and filed an 574 00:33:53,040 --> 00:33:58,280 Speaker 1: eighty one page motion and convinced Judge Messina, who denied 575 00:33:58,360 --> 00:34:02,760 Speaker 1: us back in ninety two, reopened my father's case, and 576 00:34:02,840 --> 00:34:06,440 Speaker 1: she held a two day evidentiary hearing in two thousand 577 00:34:06,480 --> 00:34:07,480 Speaker 1: and four. 578 00:34:07,960 --> 00:34:09,920 Speaker 2: And you finally have an attorney here who can do 579 00:34:10,120 --> 00:34:13,319 Speaker 2: justice in your father's case, who gathered and presented some 580 00:34:13,400 --> 00:34:17,879 Speaker 2: powerful expert testimony, including from investigator Chuck Gay, who had 581 00:34:17,920 --> 00:34:21,040 Speaker 2: been at the courthouse for the nineteen ninety two hearing 582 00:34:21,600 --> 00:34:25,400 Speaker 2: but had been prevented from entering the courtroom. Now he 583 00:34:25,520 --> 00:34:26,960 Speaker 2: finally had a chance to speak. 584 00:34:27,239 --> 00:34:30,200 Speaker 1: Chuck Gay was a twenty five year police officer in 585 00:34:30,239 --> 00:34:34,200 Speaker 1: Long Beach, California. He had actually talked to the FBI 586 00:34:34,320 --> 00:34:39,919 Speaker 1: in different courses on crime scene investigation, and he testified 587 00:34:39,960 --> 00:34:44,800 Speaker 1: to the crime scene photos not coming out. You can't 588 00:34:44,840 --> 00:34:50,520 Speaker 1: restage a crime scene. That's absurd, unclothing her at the scene, 589 00:34:50,640 --> 00:34:54,560 Speaker 1: all of these things. Crime scene preservation is what Chuck 590 00:34:54,640 --> 00:34:59,000 Speaker 1: Gay testified to and how improper it was. The gunshot 591 00:34:59,120 --> 00:35:02,320 Speaker 1: residue was a real big one with him. We found 592 00:35:02,360 --> 00:35:05,319 Speaker 1: out a little more about the green document. See, you 593 00:35:05,360 --> 00:35:08,440 Speaker 1: have to realize before trial, when they give us that 594 00:35:08,520 --> 00:35:12,080 Speaker 1: green document, it was just a copy, so it was 595 00:35:12,160 --> 00:35:15,880 Speaker 1: on white paper. We really didn't know what it said underneath, 596 00:35:16,520 --> 00:35:19,440 Speaker 1: but we knew something was wrong because the left hand 597 00:35:19,560 --> 00:35:24,120 Speaker 1: was missing. And when our investigator after the trial went 598 00:35:24,200 --> 00:35:28,400 Speaker 1: to go investigate that, the crime lab said, we didn't 599 00:35:28,480 --> 00:35:33,400 Speaker 1: do that. They said, these are our documents. We use greenout. 600 00:35:34,040 --> 00:35:36,520 Speaker 1: So they were pointing the finger at the police. They 601 00:35:36,680 --> 00:35:41,200 Speaker 1: knew that that wasn't right. There was no initials or 602 00:35:41,239 --> 00:35:45,399 Speaker 1: anything that would indicate who did it or why they 603 00:35:45,400 --> 00:35:49,839 Speaker 1: did it. Myself and our attorney in twenty sixteen went 604 00:35:49,840 --> 00:35:53,920 Speaker 1: to the crime lab and got this document and him 605 00:35:53,960 --> 00:35:56,719 Speaker 1: and I both held it up to the light and 606 00:35:56,760 --> 00:36:00,279 Speaker 1: you could see underneath the white out on the number 607 00:36:00,320 --> 00:36:03,839 Speaker 1: of articles, and then underneath the other wide out off 608 00:36:03,840 --> 00:36:07,359 Speaker 1: to the side, you could see the word left. And 609 00:36:07,440 --> 00:36:10,800 Speaker 1: he give us an affidavit that that was the worst 610 00:36:10,840 --> 00:36:14,360 Speaker 1: alteration of official documents he had ever seen in thirty 611 00:36:14,400 --> 00:36:16,600 Speaker 1: two years I believe of practicing law. 612 00:36:16,920 --> 00:36:21,080 Speaker 2: And you also had testimony from a ballistics expert proving 613 00:36:21,760 --> 00:36:25,719 Speaker 2: that the scenario presented by the state was physically impossible. 614 00:36:26,160 --> 00:36:29,640 Speaker 2: And this guy was no slouching. He had overseen over 615 00:36:29,800 --> 00:36:34,200 Speaker 2: eight hundred investigations, and importantly he had been an expert 616 00:36:34,239 --> 00:36:37,680 Speaker 2: for both prosecution and defense. And of course the guy 617 00:36:37,719 --> 00:36:39,440 Speaker 2: I'm referring to is Bob Trestle. 618 00:36:40,480 --> 00:36:45,399 Speaker 4: I'm Bob Trestle. I'm a forensic crime scene investigator. When 619 00:36:45,440 --> 00:36:48,160 Speaker 4: I first looked at the case, the bullet was found 620 00:36:48,200 --> 00:36:52,799 Speaker 4: across the room after it had struck the doorframe, ricocheted 621 00:36:52,880 --> 00:36:54,640 Speaker 4: up to the ceiling and over to on the other 622 00:36:54,719 --> 00:36:58,040 Speaker 4: side of the dining room. So we began looking at 623 00:36:58,080 --> 00:37:02,520 Speaker 4: the angles that the bullet hook in striking the doorframe 624 00:37:02,760 --> 00:37:06,440 Speaker 4: exiting the doorframe. Their lab came up with what we 625 00:37:06,480 --> 00:37:09,040 Speaker 4: call a muzzle to target, or the barrel of the whip, 626 00:37:09,040 --> 00:37:12,280 Speaker 4: it having to be approximately eight inches from her face, 627 00:37:12,320 --> 00:37:15,080 Speaker 4: where the bullet entered, So then we started looking at 628 00:37:15,080 --> 00:37:18,319 Speaker 4: the gun. The gun's the three fifty seven magnum. You 629 00:37:18,400 --> 00:37:21,920 Speaker 4: get the length of the barrel, chamber and the grip area, 630 00:37:22,680 --> 00:37:26,160 Speaker 4: so although the barrel's eight inches from her face, the 631 00:37:26,239 --> 00:37:30,160 Speaker 4: gun is almost fourteen inches and total length away from 632 00:37:30,160 --> 00:37:34,680 Speaker 4: her face. And then we started looking at the wounds themselves. 633 00:37:34,960 --> 00:37:38,600 Speaker 4: Pretty well, a straight shot gunshot when with little deviation 634 00:37:39,040 --> 00:37:42,320 Speaker 4: on the upward or downward plane, and with the bullet 635 00:37:42,400 --> 00:37:45,759 Speaker 4: not deviating very much right or left, the shot had 636 00:37:45,800 --> 00:37:48,680 Speaker 4: come from directly in front of her the upper trajectory. 637 00:37:49,000 --> 00:37:51,520 Speaker 4: Because we know where it strikes on the wall and 638 00:37:51,560 --> 00:37:54,480 Speaker 4: then Rick shaves off, we know it's going upward, so 639 00:37:54,560 --> 00:37:57,600 Speaker 4: she has to have her upper body bent over or 640 00:37:57,600 --> 00:38:00,880 Speaker 4: her head bent over towards the table order to receive 641 00:38:00,960 --> 00:38:04,880 Speaker 4: that gunshot one and there's only about two feet distance 642 00:38:05,000 --> 00:38:08,200 Speaker 4: between the table and the walls, and so you've got 643 00:38:08,239 --> 00:38:11,759 Speaker 4: to get two people almost directly in front of each other. 644 00:38:11,960 --> 00:38:14,280 Speaker 4: But the gun's got to be held way down low, 645 00:38:14,560 --> 00:38:18,240 Speaker 4: and in order to get the distances that we saw, 646 00:38:18,520 --> 00:38:20,880 Speaker 4: the gun has got to be almost on top of 647 00:38:20,920 --> 00:38:23,360 Speaker 4: the table. So where can the shooter be at that 648 00:38:23,520 --> 00:38:26,960 Speaker 4: point when we finally did all the calculations in order 649 00:38:27,000 --> 00:38:29,600 Speaker 4: for someone to be directly in front of her, if 650 00:38:29,640 --> 00:38:32,279 Speaker 4: a shooter was the one that fired this weapon, he 651 00:38:32,320 --> 00:38:36,160 Speaker 4: would have to be under the table. That makes no 652 00:38:36,280 --> 00:38:43,680 Speaker 4: sense whatsoever. There's no direct forensic evidence, either by blood tissue, 653 00:38:44,120 --> 00:38:48,200 Speaker 4: gunshot residue, things of that nature that indicate that Middleton 654 00:38:48,440 --> 00:38:50,520 Speaker 4: fired this gun killing his wife. 655 00:38:51,800 --> 00:38:54,799 Speaker 2: And so all of this powerful expert testimony has been heard. 656 00:38:54,840 --> 00:38:56,919 Speaker 2: And to top it all off, there was one more 657 00:38:56,960 --> 00:39:02,839 Speaker 2: witness that testified on your father's behalf former governor of Missouri. Yes, 658 00:39:02,920 --> 00:39:07,560 Speaker 2: you heard that correctly. The former governor of Missouri, Joseph P. Teesdale, 659 00:39:08,040 --> 00:39:11,799 Speaker 2: testified on Kensby had and he had extensive trial experience 660 00:39:11,840 --> 00:39:15,520 Speaker 2: as an assistant US attorney, prosecuting attorney, and as a 661 00:39:15,560 --> 00:39:20,240 Speaker 2: trial lawyer. And he testified to the quote suspect conduct 662 00:39:20,239 --> 00:39:23,440 Speaker 2: of the prosecutors and the quote ineffective performance of the 663 00:39:23,480 --> 00:39:27,680 Speaker 2: defense council. And at the end of the testimony, former 664 00:39:27,760 --> 00:39:30,560 Speaker 2: Governor Teesdale was asked what he would have done if 665 00:39:30,560 --> 00:39:33,600 Speaker 2: this case had been presented to him in his capacity 666 00:39:33,600 --> 00:39:36,800 Speaker 2: as governor, and he replied that this was the worst 667 00:39:36,880 --> 00:39:40,360 Speaker 2: case of constitutional violations that he had ever witnessed in 668 00:39:40,480 --> 00:39:44,879 Speaker 2: forty one years of practicing law, and that he and 669 00:39:45,000 --> 00:39:48,480 Speaker 2: this is a direct quote, would clearly have pardoned mister 670 00:39:48,520 --> 00:39:52,040 Speaker 2: Middleton of all wrongdoing end quote. 671 00:39:52,920 --> 00:39:54,719 Speaker 3: That's a strong statement. 672 00:39:55,640 --> 00:39:59,560 Speaker 1: He had gotten familiar with Dad's case a few years before, 673 00:40:00,400 --> 00:40:03,239 Speaker 1: and I reached out to him when we got this 674 00:40:03,320 --> 00:40:07,480 Speaker 1: evidentiary hearing and asked him what his costs would be 675 00:40:07,520 --> 00:40:11,040 Speaker 1: for him to come testify, and he said, I don't 676 00:40:11,080 --> 00:40:13,799 Speaker 1: want any money. I want a steak dinner when your 677 00:40:13,920 --> 00:40:16,600 Speaker 1: dad gets out of there. And it meant a lot 678 00:40:16,680 --> 00:40:16,920 Speaker 1: to me. 679 00:40:17,800 --> 00:40:20,680 Speaker 2: So, finally, this information that you've been trying to get 680 00:40:20,760 --> 00:40:24,040 Speaker 2: heard for so many years, the ineffective counsel, the prosecutorial 681 00:40:24,120 --> 00:40:27,960 Speaker 2: misconduct and complex of interest of botched investigation and altered reports, 682 00:40:28,640 --> 00:40:31,440 Speaker 2: you're finally able to get that before the judge, and 683 00:40:31,640 --> 00:40:35,480 Speaker 2: even a more conservative judge, Judge Messina, could not deny 684 00:40:35,520 --> 00:40:36,800 Speaker 2: the merits of Kin's case. 685 00:40:37,480 --> 00:40:41,080 Speaker 1: So this was all powerful evidence that the jury never heard. 686 00:40:41,520 --> 00:40:44,799 Speaker 1: After all this evidence was put forward, Judge Messina took 687 00:40:44,800 --> 00:40:48,320 Speaker 1: it under advisement and would not rule on the case 688 00:40:48,400 --> 00:40:53,040 Speaker 1: for eleven more months. Two weeks after the hearing was over, 689 00:40:53,480 --> 00:40:56,279 Speaker 1: the prosecutors come to my dad with an Alford plea. 690 00:40:56,760 --> 00:40:59,360 Speaker 1: If he would plead to an Alford plea and plead 691 00:40:59,360 --> 00:41:02,760 Speaker 1: guilty to second degree, he could walk out of prison 692 00:41:02,880 --> 00:41:07,080 Speaker 1: a free man. But even though all of his appeals 693 00:41:07,080 --> 00:41:10,480 Speaker 1: were exhausted and we were setting in front of very 694 00:41:10,520 --> 00:41:15,640 Speaker 1: conservative judge, my father refused the offered plea. For him 695 00:41:15,640 --> 00:41:19,480 Speaker 1: to turn that down with all appeals exhausted, that speaks 696 00:41:19,760 --> 00:41:21,440 Speaker 1: volumes to his innocence. 697 00:41:21,760 --> 00:41:24,000 Speaker 2: And on May twenty fifth, two thousand and five, Judge 698 00:41:24,000 --> 00:41:27,160 Speaker 2: Messina came back and vacated Ken's nineteen ninety one conviction 699 00:41:27,239 --> 00:41:30,480 Speaker 2: and granted him a new trial. So the same judge 700 00:41:30,520 --> 00:41:34,240 Speaker 2: who denied him in nineteen ninety two overturned his conviction. 701 00:41:34,560 --> 00:41:38,320 Speaker 1: Judge Messina found eight different points of ineffective assistance and 702 00:41:38,440 --> 00:41:42,640 Speaker 1: counsel on Bob Duncan. The man had three other capital 703 00:41:42,880 --> 00:41:46,680 Speaker 1: murder cases overturned at the same time he was handling 704 00:41:46,719 --> 00:41:47,560 Speaker 1: my dad's case. 705 00:41:47,840 --> 00:41:51,120 Speaker 2: But just six days after this incredible news, you get 706 00:41:51,160 --> 00:41:52,680 Speaker 2: a huge punch to the gun. 707 00:41:52,960 --> 00:41:57,280 Speaker 1: What does the Jackson County Prosecutor's office do? They appeal 708 00:41:57,360 --> 00:42:00,960 Speaker 1: the decision. So if he would plead guilty after that hearing, 709 00:42:01,040 --> 00:42:03,400 Speaker 1: they were willing to let him go, but when he 710 00:42:03,520 --> 00:42:06,840 Speaker 1: stood by his innocence and the trial judge agreed and 711 00:42:06,880 --> 00:42:10,680 Speaker 1: overturned his conviction, they appealed it. They ruled that Judge 712 00:42:10,680 --> 00:42:14,879 Speaker 1: Messina didn't have jurisdiction to issue that new trial. They 713 00:42:14,960 --> 00:42:17,360 Speaker 1: never got to the merits or the facts that she 714 00:42:17,640 --> 00:42:21,360 Speaker 1: ruled he was wrongfully convicted in violation of his sixth 715 00:42:21,360 --> 00:42:25,840 Speaker 1: Amendment right to constitutional effective representation. They never got to 716 00:42:25,880 --> 00:42:28,799 Speaker 1: any of that. They just said she didn't have jurisdiction. 717 00:42:29,239 --> 00:42:34,400 Speaker 2: And this is now seventeen long years ago. It's crazy. 718 00:42:34,760 --> 00:42:39,759 Speaker 2: I mean, the court heard the merits of his innocence 719 00:42:39,840 --> 00:42:43,200 Speaker 2: and decided he should get a new trial, but outside 720 00:42:43,200 --> 00:42:45,160 Speaker 2: of the twenty nine to fifteen of pell proceedings, it 721 00:42:45,200 --> 00:42:47,680 Speaker 2: was ruled that the trial court didn't have jurisdiction. So 722 00:42:47,800 --> 00:42:50,919 Speaker 2: Ken has just been sitting there since two thousand and four, 723 00:42:51,520 --> 00:42:53,960 Speaker 2: awaiting a miracle or a change in the law so 724 00:42:54,000 --> 00:42:58,360 Speaker 2: that his case could be heard again, and that finally happened. 725 00:42:58,440 --> 00:43:02,160 Speaker 2: In August of twenty one, a new law was passed 726 00:43:02,160 --> 00:43:04,520 Speaker 2: in Missouri that allows a case to go before the 727 00:43:04,560 --> 00:43:07,040 Speaker 2: trial judge outside of a twenty nine to fifteen hearing. 728 00:43:07,800 --> 00:43:10,399 Speaker 2: So what that means is that if a prosecutor knows 729 00:43:10,400 --> 00:43:12,880 Speaker 2: that a man is innocent, as the current prosecutor has 730 00:43:12,920 --> 00:43:16,960 Speaker 2: implied in Ken's case, they're no longer jurisdictionally barred from 731 00:43:17,000 --> 00:43:20,480 Speaker 2: doing something about it. Judge Massin has already ruled on this, 732 00:43:20,680 --> 00:43:23,239 Speaker 2: and she's now an advisor to the current prosecutor Jean 733 00:43:23,320 --> 00:43:26,400 Speaker 2: Peters Baker. And Baker already made use of this new 734 00:43:26,480 --> 00:43:28,479 Speaker 2: law in Kevin Strickland's case in the fall of twenty 735 00:43:28,520 --> 00:43:32,200 Speaker 2: twenty one. Yet strangely she has yet to act in 736 00:43:32,320 --> 00:43:36,960 Speaker 2: Ken's case. It's mystifying and maddening at the same time. So, Cliff, 737 00:43:37,360 --> 00:43:38,680 Speaker 2: what's going on with all of this? 738 00:43:38,800 --> 00:43:43,359 Speaker 1: Now, this new law, Yes, it's about a prosecutor's right 739 00:43:43,520 --> 00:43:47,040 Speaker 1: to file emotion, but it's also about a court's right 740 00:43:47,480 --> 00:43:50,799 Speaker 1: to have jurisdiction to consider and hear the matter. Well, 741 00:43:50,840 --> 00:43:54,480 Speaker 1: now they're given the most in court's jurisdiction, but the 742 00:43:54,520 --> 00:43:57,919 Speaker 1: prosecutor has to file it. So in our case, we've 743 00:43:57,960 --> 00:44:02,520 Speaker 1: already proved everything there is with this statute. This statute 744 00:44:02,600 --> 00:44:05,800 Speaker 1: lays out that upon the filing of such a motion, 745 00:44:05,960 --> 00:44:10,160 Speaker 1: the court shall have a hearing and issue of findings 746 00:44:10,200 --> 00:44:13,520 Speaker 1: in facts and conclusions of law on all issues presented. 747 00:44:13,800 --> 00:44:18,200 Speaker 1: That's exactly what Judge Messina did. So we've already been 748 00:44:18,280 --> 00:44:22,440 Speaker 1: successful at securing a new trial from my father, but 749 00:44:22,680 --> 00:44:26,120 Speaker 1: the only thing we didn't have was jurisdiction. Well, now 750 00:44:26,160 --> 00:44:29,560 Speaker 1: this new law gives the court's jurisdiction, but the prosecutor 751 00:44:29,560 --> 00:44:32,480 Speaker 1: has been reluctant to file it. So now that this 752 00:44:32,600 --> 00:44:35,840 Speaker 1: new law has passed, I believe the next steps are 753 00:44:36,320 --> 00:44:40,560 Speaker 1: for Jane to file emotion conceding jurisdiction. That's it. We 754 00:44:40,640 --> 00:44:43,080 Speaker 1: don't need anything else from her but a one page 755 00:44:43,120 --> 00:44:48,400 Speaker 1: motion conceding jurisdiction and allow a court there in Jackson 756 00:44:48,520 --> 00:44:52,480 Speaker 1: County to get to the merits of the trial Judge 757 00:44:52,600 --> 00:44:56,040 Speaker 1: Edith Messina's order overturning my dad's conviction. 758 00:44:56,440 --> 00:44:59,560 Speaker 2: Cliff, we are our audience out there listening now. Is 759 00:44:59,560 --> 00:45:01,560 Speaker 2: there some thing you'd like them to do? What can 760 00:45:01,600 --> 00:45:04,840 Speaker 2: they do to help to write this horrible injustice? 761 00:45:05,120 --> 00:45:10,560 Speaker 1: Yes, you'd go to our website at free Hyphenkenmiddleton dot com. 762 00:45:11,040 --> 00:45:16,840 Speaker 1: There's a wealth of very compelling documents that support everything 763 00:45:16,960 --> 00:45:20,840 Speaker 1: we spoke about today. If we said it today, rest assured. 764 00:45:20,920 --> 00:45:24,400 Speaker 1: You can go to our website and find it, and 765 00:45:24,560 --> 00:45:28,160 Speaker 1: on the homepage right up front, there's a petition asking 766 00:45:28,280 --> 00:45:31,880 Speaker 1: Jean Peters Baker to abide by her oath and follow 767 00:45:32,040 --> 00:45:36,160 Speaker 1: the plain language of this new Missouri statute. It's as 768 00:45:36,200 --> 00:45:40,279 Speaker 1: simple as a one page motion conceding jurisdiction so that 769 00:45:40,480 --> 00:45:44,600 Speaker 1: my dad can once again prove his innocence and come 770 00:45:44,640 --> 00:45:46,799 Speaker 1: home to the family that waits him. 771 00:45:47,200 --> 00:45:49,279 Speaker 2: Right, we'll have that linked in the bio as well 772 00:45:49,320 --> 00:45:53,120 Speaker 2: as a link to Silver Creek Entertainment. I believe there's 773 00:45:53,160 --> 00:45:56,279 Speaker 2: a film on the way about Ken's case, and it 774 00:45:56,360 --> 00:45:59,120 Speaker 2: can't come soon enough as far as I'm concerned. You know, 775 00:45:59,239 --> 00:46:02,120 Speaker 2: I'm reading and really looking forward to watching it. So 776 00:46:02,440 --> 00:46:04,520 Speaker 2: check that out, click on the link in the bio. 777 00:46:05,200 --> 00:46:07,879 Speaker 2: And now, guys, we have a tradition here and it's 778 00:46:07,960 --> 00:46:10,440 Speaker 2: really my favorite part of the show. It's called closing arguments. 779 00:46:10,440 --> 00:46:13,319 Speaker 2: And closing arguments is very simple. It works like this. 780 00:46:13,480 --> 00:46:16,040 Speaker 2: I'm just gonna turn my microphone off, kick back in 781 00:46:16,120 --> 00:46:18,680 Speaker 2: my chair with my headphones on. You'll try to volume 782 00:46:18,760 --> 00:46:21,319 Speaker 2: up a little bit and just listen to anything else 783 00:46:21,360 --> 00:46:23,400 Speaker 2: you'd like to say, anything at all you have to 784 00:46:23,400 --> 00:46:26,280 Speaker 2: say to our audience. So Cliff, why don't you go first? 785 00:46:26,440 --> 00:46:30,279 Speaker 2: And Ken, we'll let you close us out I'd like. 786 00:46:30,320 --> 00:46:34,040 Speaker 1: To thank you for using your celebrity to bring awareness 787 00:46:34,040 --> 00:46:37,880 Speaker 1: to wrong for convictions, given a voice to the voiceless. 788 00:46:38,280 --> 00:46:41,680 Speaker 1: It's an amazing thing what you're doing. It's encouraging other 789 00:46:41,760 --> 00:46:46,240 Speaker 1: celebrities like Kim Kardashian and John Grisham and Johnny Depp 790 00:46:46,320 --> 00:46:49,279 Speaker 1: and you know a lot of others to take up 791 00:46:49,320 --> 00:46:52,520 Speaker 1: the cause and stand up for justice. And so i'd 792 00:46:52,560 --> 00:46:55,759 Speaker 1: like to thank you again, Jason, and now Ken over 793 00:46:55,800 --> 00:46:56,040 Speaker 1: to you. 794 00:46:57,280 --> 00:46:59,640 Speaker 3: Well, what I'd like to say here or that all 795 00:46:59,680 --> 00:47:03,279 Speaker 3: of the people it's listening, I would appreciate it more 796 00:47:03,360 --> 00:47:08,400 Speaker 3: than words can explain. Anything they can do, sign a petition, 797 00:47:08,719 --> 00:47:12,799 Speaker 3: sign letters to Baker to get her to follow the statue, 798 00:47:13,040 --> 00:47:16,640 Speaker 3: anything anybody can do to help it clearer and get 799 00:47:16,680 --> 00:47:21,239 Speaker 3: the same justice as Kevin Strickland. God, I would appreciate 800 00:47:21,280 --> 00:47:25,640 Speaker 3: it more than words can say. 801 00:47:29,600 --> 00:47:32,560 Speaker 2: Thank you for listening to wrongful Conviction. I'd like to 802 00:47:32,600 --> 00:47:36,280 Speaker 2: thank our production team Connor Hall, Justin Golden, Jeff Cliburn, 803 00:47:36,360 --> 00:47:39,800 Speaker 2: and Kevin Wardis. With research by Lyla Robinson. The music 804 00:47:39,800 --> 00:47:42,600 Speaker 2: in this production was supplied by three time OSCAR nominated 805 00:47:42,600 --> 00:47:46,359 Speaker 2: composer Jay Ralph. Be sure to follow us on Instagram. 806 00:47:46,400 --> 00:47:50,640 Speaker 2: At Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and 807 00:47:50,760 --> 00:47:53,840 Speaker 2: on Twitter at wrong Conviction, as well as at Lava 808 00:47:53,920 --> 00:47:57,080 Speaker 2: for Good. On all three platforms, you can also follow 809 00:47:57,160 --> 00:48:00,800 Speaker 2: me on both TikTok and Instagram at its Jason flam 810 00:48:01,080 --> 00:48:03,840 Speaker 2: Ravel Conviction is the production of Lava for Good podcasts 811 00:48:03,880 --> 00:48:11,680 Speaker 2: and association with Signal Company Number one