A judge could free Kevin Strickland this week when prosecutors argue he’s innocent
Jackson County prosecutors on Thursday will make their case before a judge that Kevin Strickland has been wrongly imprisoned for more than 40 years, which could lead to his release.
The hearing is set for 8:30 a.m. in front of Judge Kevin Harrell, who will decide whether to throw out the murder convictions that have kept Strickland, 62, behind bars for more than two-thirds of his life.
Utilizing a new law that went into effect Saturday, prosecutors filed a 25-page motion Monday that argues Strickland’s innocence in an April 25, 1978, triple homicide in Kansas City is “clear and convincing.” The evidence shows Strickland, who was 18 when he was arrested, should “not remain in custody a day longer,” they said in the motion, which is believed to be the first filed under the new law.
The Missouri Attorney General’s Office, which contends Strickland is guilty, intends to oppose the motion.
Lawyers under Attorney General Eric Schmitt filed a motion Monday requesting that the 16th Circuit Court of Jackson County and its judges recuse themselves from Strickland’s proceedings. They cited a letter Prosecutor Jean Peters Baker put out May 10, which said Dale Youngs, the circuit’s presiding judge, “concurs on behalf” of the court that Strickland’s conviction should be set aside.
The attorney general’s office asked that an “impartial judge” in another circuit court be assigned to the case.
In response, local prosecutors asked the judge to toss out the “improper” motion, saying the new law allows the attorney general’s office to question witnesses and make arguments during a hearing, but that it has no additional powers.
Such a motion assumes the attorney general’s office represents the State of Missouri in the case, but that is “contrary to Missouri law,” local prosecutors said. The new law gives that role to the prosecutor’s office.
The judge agreed with the prosecutor’s office, saying the attorney general was not a “party” in the case and could not file motions.
Strickland is not expected to be at the hearing Thursday. The judge has ordered he be in his courtroom at 10 a.m. Friday.
One of Strickland’s attorneys, Bob Hoffman of the law firm Bryan Cave Leighton Paisner, commended local prosecutors for taking the time to examine the evidence, which led to their conclusion that Strickland is innocent.
“We need more prosecutors who are willing to accept the possibility that the system isn’t perfect,” Hoffman said Tuesday.
In an investigation published nearly a year ago, The Star reported that, for decades, two men who pleaded guilty swore Strickland was not with them and two other accomplices during the killings. A third, uncharged suspect has also since called Strickland innocent.
The lone eyewitness to the murders told numerous relatives and friends that she tried to recant for years, local prosecutors say. They called her identification the only direct evidence against Strickland at trial.
This story was originally published August 31, 2021 at 3:41 PM.
