Document Index

           News Video about Ken Middleton

            Pitch Story about Ken Middleton Case

2010 Case Updates

  • Motion to Reopen Previous Rule 29.15 Proceeding Due to Abandonment, Conflict of Interest and Fraud Against Court.
  • State's Response to Motion to Reopen Previous Rule 29.15 Proceeding
  • Middleton's Reply in Support of His Motion to Reopen Previous Rule 29.15 Proceeding Due to Abandonment, Conflict of Interest and Fraud Against Court.

2009 Case Updates

Please call or write Missosuri Attorney General, Josh Howley, requesting that he concede To Ken Middleton's writ.

Check this website for updates.

  1. 1990 Letter showing Prosecutor conflict of interest
    Letter is on Cochran, Oswald, Barton, McDonald & Graham letterhead (of which prosecutor's father was a partner) regarding Estate of Katherine Middleton
  2. 1990 Investigation Report
    Officer report indicating both of Mrs. Middleson's hands were bagged when body arrived at medical examiner
  3. Kansas City Star Article, KC Lawyer Admits Debt, July 1992
    Article detailing $655,000 in back taxes owed by Robert Duncan, Esq.(deceased)
  4. Kansas City Star Article, Dr. Death Back in Show Business March 1993
    Former prosecutor Patrick Peters returns to DJ'ing music, videos
  5. Crime Scene Diagram
  6. Defendant Middleton's Amended 29.15 Motion for Post Trial Correction Nov 1991
    Brief by Gerald M. Handley, Esq.
  7. Transcript Video Deposition of David Link January 1998
    Link testifies would never order gun shot residue of only one hand
  8. Partial Transcript - Governor Joseph P. Teasdale Testimony 2004 hearing
    In 41 years of legal practice never witnessed such a violation a defendant's rights, would grant Middleton full pardon if Teasdale was governor. See Cliff Middleton's letter to Prosecutor Jim Kanatzar and Motion to reopen 29.15 for fraud on the Court "with attachments" August 1, 2009.
  9. Partial Transcript - Chris Carter Testimony 2004 hearing
    Expert from Arkansas on Strickland v. Washington standards for 29.15 hearings
    Lists details as to why Duncan inadequate counsel, prosecutor unethical
  10. Partial Transcript - Chuck Gay Testimony 2004 hearing
    Investigator for Northwinds Investigation, expert on investigations. Testifies regarding altered Gun Shot Residue request, improper handling of firearm, improper crime scene preservation, misleading crime scene photos, disrobing body at scene improper and not disclosed. (see #19 for copy of altered report)
  11. Partial Transcript - Cliff Middleton Tesimony 2004 hearing
    Location of several items at crime scene mis-placed in crime scene photos, previous presence of boot print on wall.
  12. Defense Exhibit 03 - Affidavit of Kenneth G. Smith
    Middleton stated did not receive Amended Motion of 29.15 Hearing
  13. Defense Exhibit 03 - Affidavit of Lynn Carl Middleton
    Middleton stated did not receive Amended Motion of 29.15 Hearing
  14. Defense Exhibit 06 - Letter from Handley to Middleton

    1. Affidavit must be signed and returned tomorrow by Federal Express, will express mail draft of Amended Petition
    2. Copy of fraudulent coerced affidavit
    3. Susan McDougal Case ruling on Mail Fraud

  15. Defense Exhibit 07 - Affidavit of Mitchell A. Jensen
    Stating mail comes to Potosi Correction Center at 5:30pm, no access to Federal Express
  16. Defense Exhibit 09 Affidavit of Robert Duncan, Esq. (deceased)
    Only read Dr.John Overman's deposition, called no other witnesses, no physical evidence examined by experts, gun not examined by expert, at original trial
  17. Defense Exhibit 10 - Robert Duncan, Esq. (deceased) 2004 hearing
    Requests made by Middleton of Attorney Duncan
  18. Defense Exhibit 15 - Newspaper Article, Police Investigate Shooting Death
  19. Defense Exhibit 18 - Gunshot Residue Request (obviously altered)
  20. Defense Exhibit 19, Affidavit of Wilma Sallee January 1994
    Saw original green gunshot residue report with whiteout, altering report
  21. Affidavit of Dixie Busby (Defense Exhibit 37) Sept 1996
    Prosecutor tied up Middleton's assets for Mrs. Middleton's Family, family hired lawfirm suggest by prosecutor (his father's firm).
  22. Letter from Robert McDonald regarding release of Jewelry (Defense Exhibit 38) Feb. 1995
    1. Investigation Report - Didn't send letter from Samual Zollicker to Records Unity
    2. Letter from Samual Zollicker requesting not to release property to Middleton
  23. Affidavit of Robert Duncan (Defense Exhibit 42), Esq. (deceased) Sept. 1996
    No knowledge prosecutor related to firm handling civil case against Middleton
  24. Defense Exhibit 44 - Barn Pictures
    1. Exhibit 44A Schedule A (Plaintiff's Exhibit 3)- Asset List Blue Springs MO House
    2. Exhibit 44B Schedule B (Plaintiff's Exhibit 7) - Asset List Vendor, Newton County, AK House
  25. Defense Exhibit 52 R. Robert Tressell Biographical information
  26. Partial Transcript of R. Robert Tressell Testimony
    Tressell discusses the altered gunshot residue report. As an expert trained in bullet trajectory, Tressell says gun shot could not happened the way the Prosecutor says. Last page is picture of angle of bullet path testified about.
  27. Defense Exhibit 57 - J. Nixon's Motion and Order to Remand for Ed Reucher New Trial
    In 1997, J. Nixon "conceded" to attorney Robert Duncan's ineffectiveness and filed a motion for Ed Reucher's new trial. Ken Middleton's trial started immediately after Ed Reucher's trial and death sentence, with the "same" attorney, Robert Duncan. Ironically, after Ken Middleton turned down an Alford Plea to time served and an immediate release from prison; Jay Nixon appealed Middleton's new trial ordered by Middleton's trial judge, and got the order reversed on a procedural technicality! See MO Court of Appeals Opinion Why the discrimination?
    1. Findings of Fact and Conclusions of Law June 2005
      Reopening of 29.15 hearing and post-conviction relief. Judge Messina rules inadequate counsel, conviction and sentences set aside, orders new trial.
    2. Findings of Fact and Conclusions of Law June 2005
      6 pages of Judge Messina's ruling
    3. Susan McDougal Case ruling on Mail Fraud

  28. Notice of Appeal to MO. Court of Appeals, Western Distict June 2005
  29. Motion to Reinstate Movant's Original $10,000 Bond June 2005
  30. Motion to Withdraw Assistant Prosecutor Michael Hunt July 2005
  31. Kansas City Star Article - Son Crusades for Father's Freedom July 2005
    In this article Prosecutor Patrick Peters (now a defense attorney) states: "If someone cheated and his attorney didn't present stuff that's important, it should be set aside." Why isn't Patrick Peters now working for Ken Middleton's release?
  32. Partial Brief by Jonathan Laurans - Oct 2005
  33. Brief for Cross-Appellant, MO Court of Appeals, Western District Kenneth Middleton Oct. 2005
  34. Partial Breif of Respondent Cross-Appellant MO Court of Appeals, Western District - Jay Nixon January 2006; "And, certainly there was no showing of an altered report, ..." See altered report defense exhibit #18 . See Affidavit of what the altered report covered-up. See defense exhibit #19 . According to law in Susan McDougal's case, this was clearly mail fraud.
  35. Appeal from Circuit Court of Jackson County - MO Court of Appeals, Western District June 2006 Reversal and Remand Order for New Trial, Dismiss Middleton's Motion. The Court of Appeals clearly described Ken Middleton being "coerced" into signing a fradulent affidavit by his attorney, with no alternative (Hobson's Choice), as in stated in the facts on page 2, paragraph 2, and page 5 paragraph 2 - constituting fraud on the trial court, mail fraud and wire fraud; Clearling violating the Constitution. See Susan McDougal's case. Further, see his attorney's compelling letter, defense exhibit #06. When Middleton finally received a copy of the 3 page "Amended Motion" his attorney had filed, citing no case law, was so patently defective that it amounts to nullity and constitutes abandonment. See Robinson v. State, 211 S.W.3d 162, 163 (Mo. App. 2007).
  36. Kansas City Star Article - Case Takes Another Twist June 2006.
    3 Judge panel for MO Appellate Cout overturns Order for New Trial on procedural grounds
  37. Motion for Rehearing and/or Transfer, MO Court of Appeals, Western District. July 2006
  38. Denial of Transfer to Supreme Court and Motion for Rehearing denied, MO Court of Appeals, Western Distict. August 2006
  39. Application for Transfer MO Supreme Court Sept 2006
  40. Supreme Court of MO Denial of Application to Transfer Sept 2006
    Ironically, the same Court of Appeals presiding judge Ronald R. Hollinger ruled Ken Middleton's 2915 Appeal de novo; now states that the Standard of Review in another case under the same Rule 2915 is clearly erroneous! Which was outcome-determinative and clearly denied Ken Middleton equal protection of the law. See Anthony Smith vs. State WD66129 (March 6, 2007), Also see 1992 MO Rules for Standard of Review
  41. US v. McDougal 137F. 3d 547 - Mail Fraud committed by mailing false statements.
  42. Ken Middleton's Letter to Justice Denied, July 11, 2008
  43. Open Letter to Governor Mike Hucklebee

 

 
  We have gathered FACTS to show that justice has not prevailed. Read for yourself how our system failed
Ken Middleton:
 
Home

The Kansas City Star
Reported

What Happened
The Trial
Prosecutorial
Misconduct
Insufficient Counsel
1992 Appeal Hearing
Proof of Innocence:
2004 Appeal Hearing
Alford Plea Offer
Rulings 2005 to Present
Illegal Acts!

Conflict of Interest
Cliff Middleton Letter
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Please call or write Missosuri Attorney General, Josh Howley, requesting that he concede To Ken Middleton's writ.

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