Prosecutors drop murder case against Independence woman over double jeopardy doctrine
After a series of procedural delays, Jackson County prosecutors dismissed charges against a woman accused of beating another woman to death because of a legal doctrine that protects defendants from being tried twice for the same charge.
“It is far from satisfying when a procedural rule prevents a family from obtaining a final jury verdict,” the Jackson County Prosecutor’s Office said in a statement Thursday. “But this office’s conclusion is that double jeopardy prevents the case from being retried.”
Courtney Hackney, 35, had been charged with second-degree murder and armed criminal action in the May 2017 killing of 57-year-old Holly Barnett, who was beaten to death with a baseball bat in an Independence home.
When Hackney was tried in December, jurors could not reach a unanimous verdict. A mistrial was declared.
The trial was reset for February, but Hackney’s defense attorney had a conflict, so it was moved to April. The judge indicated no more state continuances would be granted, but prosecutors had not verified its witnesses could make the new date. One of those witnesses, the state crime analyst, was on medical leave.
At the time, those involved in the case believed prosecutors would be able to dismiss and refile the charges without prejudice, so they did, according to the prosecutor’s office. While Hackney’s attorney did not object, Hackney did not affirmatively consent to the move.
A new trial date was set in September.
But before that trial, prosecutors determined the medical examiner — who moved out of Missouri after separating from the Jackson County Medical Examiner’s Office — would not be available that date, according to the prosecutor’s office.
Prosecutors again moved to refile the case. Hackney’s attorney did not object, but she did not affirmatively consent to the refiling.
But after conducting a review of the case, the prosecutor’s office determined double jeopardy applied and the charges could not be refiled because Hackney, who had already been subjected to trial, did not affirmatively consent to the refiling. It also applied because the state’s attorneys dismissed and refiled the case, as opposed to a judge granting a continuance, according to the office’s statement.
The prosecutor’s office offered its sympathy to the victim’s family.
“This is a legally complex and very difficult resolution to a criminal case,” the office said in its statement.
Hackney was released from the Jackson County Detention Center earlier this week, records show.
The homicide
When police found Barnett dead, she was in a recliner in the home in the 700 block of East Walnut Street. Officers also found an aluminum bat with apparent blood on it, according to documents.
A witness told officers that when she came to the house, she saw Barnett sitting in a recliner with a red substance on her face. Hackney told the woman Barnett was asleep and that the red substance was makeup, according to the documents.
When the witness began to leave, Hackney tried to drag her back inside, police said. She was able to break free and call for help.
Officers later found Hackney near Woodlawn Cemetery on South Noland Road. She told police Barnett was her aunt and said the bat belonged to her, according to court records. Witnesses told police they saw Hackney frequently carrying the bat.
This story was originally published October 31, 2019 at 8:38 PM.
