KC area man wanted to prove his innocence in court on Wednesday. Why he’ll have to wait
Dozens of supporters of Ken Middleton packed into a courtroom in Maysville, Missouri, expecting to hear his innocence claims presented to a judge on Wednesday.
But DeKalb County Circuit Judge Ryan Horsman continued proceedings until September.
Middleton’s attorney Kent Gipson noted that his client was nearing age 80 and had been in prison for 35 years. Middleton sat next to Gipson during the brief hearing clad in a bright orange jumpsuit, white sneakers and black-rimmed eyeglasses.
Horsman said Gipson had not turned over discovery documents requested by Missouri Attorney General Andrew Bailey’s office and therefore, the court proceeding could not continue Wednesday.
Gipson said the records were not relevant to the case and that Bailey’s office was using them as a delay tactic. He also alleged that the attorney general’s office did not have “credibility these days,” referring to a series of actions the office has taken to block innocent people from being released.
After days of legal wrangling, Horsman on Friday threatened to hold officials with the office, including Attorney General Andrew Bailey, in contempt if they did not comply with the judge’s order allowing the release of Sandra Hemme from prison. She was declared innocent by Horsman in a June ruling. Hemme was freed a couple hours later.
The attorney general’s office is now fighting to stop the release of Christopher Dunn in St. Louis. He was declared innocent on Monday, and a judge ordered his immediate release. But the attorney general’s office said they were going to appeal, and Dunn had not been released as of Wednesday morning.
Middleton’s hearing was rescheduled for Sept. 16.
His son Cliff Middleton has supported his father for decades.
“I’m very disappointed that there’s a delay, but I’m looking forward to proving my father’s innocence once again,” Cliff Middleton said outside the courtroom.
Ken Middleton was convicted in the 1990 shooting death of his wife Kathy Middleton in Blue Springs and sentenced to life.
About 20 years ago, a judge ruled he had received ineffective representation and ordered a new trial. Ken Middleton turned down a plea deal before the judge’s decision was overturned by a higher court.
Court documents argue that Kathy Middleton accidentally shot herself. They also allege that prosecutors froze Middleton’s accounts, preventing him from hiring the counsel of his choice.
One of his initial attorneys ended up being Robert Duncan, a lawyer who also represented Hemme and later lost his law license.
The attorney general’s office argues that Ken Middleton is guilty and that claims about his assets should have been raised in earlier appeals.
This story was originally published July 24, 2024 at 12:42 PM.
