#288 Jason Flom with Ken Middleton - UPDATE

Wrongful Conviction

Lava for Good Podcasts

True Crime

4.6 • 5.7K Ratings

🗓️ 1 September 2022

⏱️ 51 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	When we initially released Ken Middleton's episode in March 2022, we were hoping that Jackson
0:05.5	County District Attorney Jean Peters Baker would be moved to action.
0:09.4	But it turns out, it looks like Ken's son Cliff Middleton has exposed another conflict
0:14.6	of interest for the Jackson County Prosecutors' Office and this one comes with a constitutional
0:19.4	violation.
0:20.8	When the trial prosecutors struck a bond agreement with the court for Mr. Middleton, there
0:25.6	was a stipulation that he would not have access to his assets.
0:29.9	This was a clear violation of his sixth amendment rights as affirmed in 2016 by the Supreme
0:35.8	Court who decided in Louise versus United States that the sixth amendment prohibits the
0:41.1	pretrial restraint of assets needed to retain a defendant's counsel of choice when those
0:45.5	assets have not been used in conjunction with criminal activity.
0:49.7	Mr. Middleton is hoping that the court agrees that the actions of the Jackson County Prosecutors'
0:54.8	Office to do just that to Mr. Middleton pretrial represented a conflict of interest
0:59.8	that will disqualify that office and result in the appointment of a special prosecutor.
1:04.3	A prosecutor who is free of this conflict among others would be able to apply the newly
1:10.3	enacted SB-53 in order to grant Mr. Middleton a new trial on his ineffective assistance
1:16.0	of counsel, constitutional violations, and actual innocence claims.
1:22.4	Ken and Kathy Middleton had properties in Blue Springs, Missouri as well as Ken's family
1:26.2	laying back in Arkansas where they hoped to one day retire.
1:29.8	On February 12, 1990, when he planned to clean a gun that he had brought back from Arkansas
1:34.5	Ken felt ill, laid the gun down and took him out.
1:38.4	Meanwhile, Kathy returned early from work to confront Ken about news of a regretful affair
	...

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