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If Missouri’s elected prosecutors have evidence that a person has languished in prison for decades wrongfully, they don’t have the power to ask for a new
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Attorney General Eric Schmitt could find himself involved in wrongful conviction cases. Traditionally, the Missouri Attorney General’s Office whether led by a Republican or Democrat has had a blanket policy of opposing any requests for relief in wrongful conviction cases. The crime bill waiting Gov. Mike Parson s signature could change that.
If Missouri’s elected prosecutors have evidence that a person has languished in prison for decades wrongfully, they don’t have the power to ask for a new trial.
That’s what the Missouri Supreme Court ruled in March, after St. Louis Circuit Attorney Kim Gardner filed a motion for a new trial for Lamar Johnson.
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For the moment, it’s only Patricia McCloskey who’s had her charges amended, but the special prosecutor who took over the case after St. Louis Circuit Attorney Kim Gardner was removed by a judge says Mark McCloskey could also be given the same amended charge in the near future.
The McCloskeys were originally facing felony charges of unlawful use of a weapon as well as evidence tampering, but Special Prosecutor Richard Callahan filed a new indictment on Monday adding the charge of misdemeanor harassment to Patricia McCloskey’s case. Callahan says when the case goes to trial in November, jurors will now have the option of convicting McCloskey on either the felony counts or the misdemeanor charge.. as well as the option of finding her and her husband not guilty.
“While there is still work to do and more witnesses to interview in terms of trial preparation, this substitute information represents my best judgement (sic) as to the options a jury or a judge should be given in light of the totality of the facts and circumstances that can be proven,” Callahan’s statement read. “A similar decision will be made regarding Mark McCloskey in the coming days.”
An investigation by St. Louis Circuit Attorney Kim Gardner’s office led to the indictments in October. The charges also made the McCloskeys celebrities in conservative circles - so much so that Mark McCloskey announced last week that he’ll seek the Republican nomination for the U.S. Senate in 2022.