|
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 Jackson County Prosecutor Jim Kanatzar (1-816-881-3555) requesting that Kanatzar concede to the new trial ordered by Middleton's Trial Judge Messina in 2005.
Check this website for updates.
- 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
- 1990 Investigation Report
Officer report indicating both of Mrs. Middleson's hands were bagged
when body arrived at medical examiner
- Kansas City Star Article, KC
Lawyer Admits Debt, July 1992
Article detailing $655,000 in back taxes owed by Robert Duncan, Esq.(deceased)
- Kansas City Star Article, Dr. Death Back in Show Business March
1993
Former prosecutor Patrick Peters returns to DJ'ing music, videos
- Crime Scene Diagram
- Defendant Middleton's Amended 29.15
Motion for Post Trial Correction Nov 1991
Brief by Gerald M. Handley, Esq.
- Transcript Video Deposition
of David Link January 1998
Link testifies would never order gun shot residue of only one hand
- 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.
- 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
- 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)
- 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.
- Defense Exhibit 03 - Affidavit of Kenneth G. Smith
Middleton stated did not receive Amended Motion of 29.15 Hearing
- Defense Exhibit 03 - Affidavit of Lynn Carl Middleton
Middleton stated did not receive Amended Motion of 29.15 Hearing
- Defense Exhibit 06 -
Letter from Handley to Middleton
- Affidavit must be signed and returned tomorrow by Federal Express, will
express mail draft of Amended Petition
- Copy of fraudulent coerced affidavit
- Susan McDougal Case ruling on Mail Fraud
- Defense Exhibit 07 - Affidavit of Mitchell A. Jensen
Stating mail comes to Potosi Correction Center at 5:30pm, no access to
Federal Express
- 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
- Defense Exhibit
10 - Robert Duncan, Esq. (deceased) 2004 hearing
Requests made by Middleton of Attorney Duncan
- Defense Exhibit
15 - Newspaper Article, Police Investigate Shooting
Death
- Defense Exhibit
18 - Gunshot Residue Request (obviously altered)
- Defense Exhibit 19, Affidavit
of Wilma Sallee January 1994
Saw original green gunshot residue report with whiteout, altering report
- 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).
- Letter from Robert
McDonald regarding release of Jewelry (Defense Exhibit
38) Feb. 1995
- Investigation
Report - Didn't send letter from Samual Zollicker to
Records Unity
- Letter from
Samual Zollicker requesting not to release property to
Middleton
- Affidavit of Robert
Duncan (Defense Exhibit 42), Esq. (deceased) Sept. 1996
No knowledge prosecutor related to firm handling civil case against Middleton
- Defense Exhibit 44 - Barn Pictures
- Exhibit 44A Schedule
A (Plaintiff's Exhibit 3)- Asset List Blue Springs MO House
- Exhibit 44B Schedule
B (Plaintiff's Exhibit 7) - Asset List Vendor, Newton County,
AK House
- Defense Exhibit
52 R. Robert Tressell Biographical information
- 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.
- 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?
-
- 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.
- Findings of Fact and Conclusions of Law June 2005
6 pages of Judge Messina's ruling
- Susan McDougal Case ruling on Mail Fraud
- Notice of
Appeal to MO. Court of Appeals, Western Distict June 2005
- Motion to Reinstate Movant's
Original $10,000 Bond June 2005
- Motion to Withdraw
Assistant Prosecutor Michael Hunt July 2005
- 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?
- Partial Brief
by Jonathan Laurans - Oct 2005
- Brief for Cross-Appellant,
MO Court of Appeals, Western District Kenneth Middleton Oct. 2005
- 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.
- 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).
- 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
- Motion for Rehearing
and/or Transfer, MO Court of Appeals, Western District. July 2006
- Denial of Transfer to
Supreme Court and Motion for Rehearing denied, MO Court of Appeals, Western
Distict. August 2006
- Application
for Transfer MO Supreme Court Sept 2006
- 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
- US v. McDougal 137F. 3d 547 - Mail Fraud committed by mailing false
statements.
- Ken Middleton's Letter to Justice Denied, July 11, 2008
- Open Letter to Governor Mike Hucklebee
|
|
|