#248 Jason Flom with Ken Middleton

Wrongful Conviction

Lava for Good Podcasts

True Crime

4.6 • 5.7K Ratings

🗓️ 9 March 2022

⏱️ 54 minutes

🔗️ Recording | iTunes | RSS

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Summary

On February 12th, 1990, a tragic accident occurred in which it is believed that Kathy Middleton mishandled a gun in her left hand, accidentally shooting herself one time in the head. The state turned this tragedy into a homicide investigation, sending her husband Ken Middleton to prison for life plus 200 years. In 2004, Ken had an opportunity to present to his motion trial court evidence of ineffective assistance of his counsel, as well as ballistics evidence that proved that the state's theory was impossible. Before the judge ruled, the state offered Ken freedom through an Alford plea, and he refused. Eventually, the judge granted him a new trial, but the state simply challenged that ruling on jurisdictional grounds, leaving Ken in prison ever since. A 2021 law now specifically grants that motion trial court the necessary jurisdiction, yet Ken and his family still await justice from prosecutor Jean Peters Baker. The altered GSR test document is linked here: https://www.instagram.com/p/Ca4rRsDLWaC/ To learn more and get involved, visit: http://www.free-kenmiddleton.com/ https://www.change.org/p/missouri-missouri-or-misery https://silvercreekentertainment.net/ https://twitter.com/TheNewsBreaker https://lavaforgood.com/with-jason-flom/ Wrongful Conviction is a production of Lava for Good Podcasts in association with Signal Co No1.

Transcript

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0:00.0	Ken and Kathy Middleton had properties in Blue Springs, Missouri as well as Ken's family
0:06.6	land back in Arkansas, where they hoped to one day retire.
0:10.2	On February 12, 1990, when he planned to clean a gun that he had brought back from Arkansas,
0:15.2	Ken felt ill, laid the gun down and took him out.
0:18.6	Meanwhile, Kathy returned early from work to confront Ken about news of a regretful affair
0:23.3	that had ended three years earlier.
0:25.6	After grabbing the gun from where Ken had laid it down, Kathy made her way to the phone
0:29.6	to call the alleged mistress when tragedy struck.
0:32.9	It is believed that a destroyed Kathy misshaddle the weapon in her left hand had shot herself
0:37.6	in the head.
0:38.6	Ken immediately called 911 and first responders found him without a drop of blood or gunshot
0:43.6	residue on him.
0:44.8	A positive gunshot residue test of Kathy's left hand would have conclusively ruled her
0:49.5	death as a tragic accident.
0:51.1	However, her left hand test results weren't missing.
0:54.4	And the crime lab document was altered and what clearly appears to be evidence tampering,
0:59.2	with a medical examiner and blood spatter expert willing to testify to an impossible scenario
1:04.5	in which Ken was magically able to shoot Kathy from less than a foot away while remaining
1:09.0	free of blood and GSR, Ken was sentenced to life plus 200 years.
1:14.3	Despite the mishandling of the crime scene, Ballistics testing was still able to prove Ken's
1:18.7	innocence.
1:19.7	His conviction was overturned in 2004, but a jurisdictional technicality has held him
	...

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