Should Blue Springs man convicted of murdering wife 29 years ago die in prison?
Ken Middleton has spent the last 29 years in prison. He is likely to die behind bars if Missouri Gov. Mike Parson doesn’t grant the Blue Springs man clemency.
Middleton was convicted of murdering his wife, Kathy, in 1990. The couple had argued inside their home when, according to police and prosecutors, Ken fatally shot Kathy.
But forensic experts and private investigators tell a different story. Evidence suggests Kathy mishandled the gun and accidentally shot herself. Gunpowder residue was never found on Ken Middleton’s hands or clothes. Neither was blood, according to Chuck Gay, a private investigator hired by Middleton’s family.
Investigators apparently tested only Kathy’s right hand for gunpowder residue. Why the test results from her left hand weren’t included in the final report remains a mystery. Private investigators concluded she accidentally pulled the trigger with her left hand.
“Had they tested her left hand, that would have proved (Ken’s) innocence right there,” Gay said. “He’s an innocent man put in prison for something he didn’t do.”
Still, a jury in Jackson County found Ken Middleton guilty of first-degree murder and armed criminal action, sentencing him to life in prison.
“If Kenneth Middleton had fired the .357 magnum at close range, it is my opinion that gunshot soot and residues would have been visible to experienced law enforcement officers,” forensic expert Robert Tressel wrote in an affidavit filed in 2016 on Ken Middleton’s behalf.
In Missouri, those convicted of criminal offenses can petition the governor for clemency if they meet certain criteria: They claim innocence; have served 25 or more years in prison or are at least 70 years old and have served 12 or more years; and all appeal options have been exhausted. The applicant cannot have been denied clemency within the past five years.
Middleton, 70, fits every criteria for clemency, and Parson should consider his case.
Kelli Jones, a spokeswoman for the governor’s office, said Parson’s legal counsel does not comment on clemency applications.
Former Missouri Gov. Joseph Teasdale, now deceased, testified in 2004 during the appeals process that if Middleton’s case for clemency had come before him during his time as governor, he would have extended Ken Middleton a full pardon.
“The whole thing, to me, smacked of ineptitude,” Teasdale said, according to court documents.
Middleton has maintained his innocence for nearly three decades. He once turned down a plea deal that would have set him free — he didn’t want to admit guilt for a crime that he did not commit, said Middleton’s son, Cliff, who was 21 when the shooting occurred.
“I’ve been fighting my entire adult life to bring my dad home,” Cliff Middleton said.
A Jackson County judge granted Middleton a new trial in 2005 due to ineffective counsel and abandonment. Incredibly, the Missouri Court of Appeals, Western District, ruled the trial judge, Edith Messina, did not have jurisdiction to order a new trial.
“She knew the case better than any other judge anywhere, and convincing her a man was wrongfully convicted in her own courtroom was a monumental task,” Cliff Middleton said.
The evidence was overwhelming that Ken Middleton deserved a new trial. With his appeals exhausted, Middleton’s case now merits serious consideration from the governor.
Parson has shown little interest in exercising his power to grant clemency, sitting on a backlog of more than 3,500 applications and offering no explanation for his inaction.
Taking a hard look at Middleton’s case would be a good place for Parson to start.
This story was originally published February 10, 2020 at 5:00 AM.