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Missouri poised to execute sixth inmate in 2014 despite fresh doubts Missouri poised to execute sixth inmate in 2014 despite fresh doubts
(about 1 month later)
The state of Missouri is hours away from executing its sixth prisoner this year despite new evidence that raises doubts about the inmate’s culpability in the three 1995 murders for which he was put on death row.The state of Missouri is hours away from executing its sixth prisoner this year despite new evidence that raises doubts about the inmate’s culpability in the three 1995 murders for which he was put on death row.
Barring eleventh-hour intervention by the courts, John Middleton, 54, will be killed by lethal injection at 12.01am on Wednesday morning for crimes that he insists he did not commit. His legal team has uncovered new evidence that they believe not only gives him a rock-solid alibi but also incriminates two other men who they name in legal documents.Barring eleventh-hour intervention by the courts, John Middleton, 54, will be killed by lethal injection at 12.01am on Wednesday morning for crimes that he insists he did not commit. His legal team has uncovered new evidence that they believe not only gives him a rock-solid alibi but also incriminates two other men who they name in legal documents.
A petition has been lodged on Middleton’s behalf with the eighth circuit federal court of appeals calling for his execution to be halted while the new evidence is digested. It argues that on the day that one of the three victims was murdered, Middleton was in fact locked up in jail in Iowa, 40 miles away from the crime scene.A petition has been lodged on Middleton’s behalf with the eighth circuit federal court of appeals calling for his execution to be halted while the new evidence is digested. It argues that on the day that one of the three victims was murdered, Middleton was in fact locked up in jail in Iowa, 40 miles away from the crime scene.
“It’s hard to think of a more iron-clad alibi than that,” the prisoner’s co-counsel, Joseph Perkovich, said.“It’s hard to think of a more iron-clad alibi than that,” the prisoner’s co-counsel, Joseph Perkovich, said.
Middleton was sentenced to death for a spate of murders that took place in 1995 in Harrison County related to methamphetamine trade that at the time was ravaging Missouri’s small towns. Fears were running high among meth addicts and dealers in the area of an imminent police crackdown, and three people suspected of acting as informants or “snitches” were murdered in close succession – first Randy Hamilton and Stacey Hodge, and then in a second shooting a few days later, Alfred Pinegar.Middleton was sentenced to death for a spate of murders that took place in 1995 in Harrison County related to methamphetamine trade that at the time was ravaging Missouri’s small towns. Fears were running high among meth addicts and dealers in the area of an imminent police crackdown, and three people suspected of acting as informants or “snitches” were murdered in close succession – first Randy Hamilton and Stacey Hodge, and then in a second shooting a few days later, Alfred Pinegar.
At two separate trials, the first in 1997 relating to the Pinegar murder and the second the following year dealing with the Hamilton and Hodge murders, Middleton was convicted and sentenced to death largely on circumstantial evidence, with no DNA or other forensic proof to back it up. The state’s case in the Pinegar trial depended on the murder having taken place on a particular day, 23 June 1995, yet the new evidence suggests that in fact Pinegar was killed a day later – on 24 June, when Middleton was in the custody of the sheriff of Decatur county, Iowa.At two separate trials, the first in 1997 relating to the Pinegar murder and the second the following year dealing with the Hamilton and Hodge murders, Middleton was convicted and sentenced to death largely on circumstantial evidence, with no DNA or other forensic proof to back it up. The state’s case in the Pinegar trial depended on the murder having taken place on a particular day, 23 June 1995, yet the new evidence suggests that in fact Pinegar was killed a day later – on 24 June, when Middleton was in the custody of the sheriff of Decatur county, Iowa.
Pinegar’s time of death was deduced in the original investigation by forensic analysis of insect larvae collected from the victim’s body. At trial, the jury was told that the insects were gathered on the day the body was found, 26 June, and from that date a forensic entomologist was able to work backwards, based on the developmental stage of the larvae, to determine that Pinegar in all probability was killed on 23 June.Pinegar’s time of death was deduced in the original investigation by forensic analysis of insect larvae collected from the victim’s body. At trial, the jury was told that the insects were gathered on the day the body was found, 26 June, and from that date a forensic entomologist was able to work backwards, based on the developmental stage of the larvae, to determine that Pinegar in all probability was killed on 23 June.
But Middleton’s legal team has heard new testimony from the Harrison County coroner of the time, Carl Slaughter, that suggests the insects could not have been gathered on 26 June. That day he kept the corpse secured in a padlocked body bag and there was no opportunity for police to inspect it.But Middleton’s legal team has heard new testimony from the Harrison County coroner of the time, Carl Slaughter, that suggests the insects could not have been gathered on 26 June. That day he kept the corpse secured in a padlocked body bag and there was no opportunity for police to inspect it.
In an affidavit sworn this February, Slaughter says that he watched law enforcement officers collect evidence from the body only once the autopsy had begun on the following day – 27 June.In an affidavit sworn this February, Slaughter says that he watched law enforcement officers collect evidence from the body only once the autopsy had begun on the following day – 27 June.
That discrepancy of a day is significant because when you work back from it, based on examination of the insects, it takes you not to 23 June – the day on which the prosecution based its case – but to 24 June, when Middleton was in custody in Iowa. Professor Robert Hall, the forensic entomologist who carried out the original insect analysis on behalf of the state, told the Guardian that he had changed his opinion on the likely date of death.That discrepancy of a day is significant because when you work back from it, based on examination of the insects, it takes you not to 23 June – the day on which the prosecution based its case – but to 24 June, when Middleton was in custody in Iowa. Professor Robert Hall, the forensic entomologist who carried out the original insect analysis on behalf of the state, told the Guardian that he had changed his opinion on the likely date of death.
“For almost 20 years we thought that my analysis had been accurate,” Hall said. “But now we find that the time of collection of the insects was about 24 hours later than I had been informed. I went back and did the analysis again and found that it pushed the time the victim had to be dead, similarly, by a day to 24 June.”“For almost 20 years we thought that my analysis had been accurate,” Hall said. “But now we find that the time of collection of the insects was about 24 hours later than I had been informed. I went back and did the analysis again and found that it pushed the time the victim had to be dead, similarly, by a day to 24 June.”
Despite Hall’s new testimony and analysis, the highest judicial panel in the state, the Missouri supreme court, rejected Middleton’s petition without explanation. Hall said he was disappointed by the court’s decision: “When we are talking about a capital case and someone is in a position of losing his life, you don’t undertake this kind of analysis trivially.”Despite Hall’s new testimony and analysis, the highest judicial panel in the state, the Missouri supreme court, rejected Middleton’s petition without explanation. Hall said he was disappointed by the court’s decision: “When we are talking about a capital case and someone is in a position of losing his life, you don’t undertake this kind of analysis trivially.”
Middleton’s lawyers believe the discrepancy of a day crucially undermines the state’s case. “The case against my client is a circumstantial case based on witnesses identifying him at certain points on a certain day. If the state is wrong about the date of death by 24 hours, its case is completely dismantled as my client was 40 miles from the crime scene in custody,” Perkovich said.Middleton’s lawyers believe the discrepancy of a day crucially undermines the state’s case. “The case against my client is a circumstantial case based on witnesses identifying him at certain points on a certain day. If the state is wrong about the date of death by 24 hours, its case is completely dismantled as my client was 40 miles from the crime scene in custody,” Perkovich said.
Middleton’s lawyers believe they have also found a second piece of compelling new evidence that points to the condemned man’s innocence. In February, they took an affidavit from another small-time methamphetamine dealer in the area.Middleton’s lawyers believe they have also found a second piece of compelling new evidence that points to the condemned man’s innocence. In February, they took an affidavit from another small-time methamphetamine dealer in the area.
The man, who the Guardian is not identifying to protect him from possible reprisals, recalled that in the summer of 1995 he was driven out into the countryside by two prominent meth dealers who beat him with a baseball bat and then showed him a body lying on the gravel. The man, who the Guardian is not identifying to protect him from possible reprisals, recalled that in the summer of 1995 he was driven out into the countryside by two prominent meth dealers who beat him with a baseball bat and then showed him a body lying on the gravel.
“They thought I was a snitch and brought me to the body to show me what they would do to me if I talked about their meth business,” the man said in the affidavit. One of the two dealers told the man: “There’s already been three people killed. You want to be number four?”“They thought I was a snitch and brought me to the body to show me what they would do to me if I talked about their meth business,” the man said in the affidavit. One of the two dealers told the man: “There’s already been three people killed. You want to be number four?”
Shortly after, Pinegar’s body was found. The man said the body he had been shown matched Pinegar.Shortly after, Pinegar’s body was found. The man said the body he had been shown matched Pinegar.
Middleton’s lawyers have named the two prominent dealers who allegedly carried out the beating, and suggested that they are the true perpetrators of the Harrison County murders. The Guardian is not naming the two men, though their identities have been revealed in court documents. One of the men is in prison serving a seven-year sentence; the other is living freely in the local community.Middleton’s lawyers have named the two prominent dealers who allegedly carried out the beating, and suggested that they are the true perpetrators of the Harrison County murders. The Guardian is not naming the two men, though their identities have been revealed in court documents. One of the men is in prison serving a seven-year sentence; the other is living freely in the local community.
Perkovich said that prosecutors had been aware of these allegations before Middleton’s trial, but had improperly failed to pass on the information to his trial lawyers at the time in breach of rules of disclosure.Perkovich said that prosecutors had been aware of these allegations before Middleton’s trial, but had improperly failed to pass on the information to his trial lawyers at the time in breach of rules of disclosure.
In its response, to Middleton’s petition for a postponement of his execution, Missouri dismisses the new evidence as without merit. The state’s attorney general Chris Koster disputes the claim that the date of death was misplaced by 24 hours, stating that the insect larvae were collected on 26 June as originally presented to the jury. “There is no real discrepancy … Middleton has manufactured the alleged discrepancy nearly two decades after the events.” In its response, to Middleton’s petition for a postponement of his execution, Missouri dismisses the new evidence as without merit. The state’s attorney general Chris Koster disputes the claim that the date of death was misplaced by 24 hours, stating that the insect larvae were collected on 26 June as originally presented to the jury. “There is no real discrepancy … Middleton has manufactured the alleged discrepancy nearly two decades after the events.”
Koster also dismisses the new testimony of the small-time dealer who said he had been beaten up and shown a body by two other dealers. The attorney general said the man “is not credible after having waited nearly two decades to make his current statement”.Koster also dismisses the new testimony of the small-time dealer who said he had been beaten up and shown a body by two other dealers. The attorney general said the man “is not credible after having waited nearly two decades to make his current statement”.
But Middleton’s lawyers insist that the new information should merit another look at the case, even at this late stage, and are determined to take their appeal for a stay of execution right up to the US supreme court if necessary. “Our evidence is that the authorities, due in part to the manipulation by the actual perpetrators, pinned the murders on our client, who was in no fit state to handle the criminal justice system because of brain damage from his drug use,” Perkovich said.But Middleton’s lawyers insist that the new information should merit another look at the case, even at this late stage, and are determined to take their appeal for a stay of execution right up to the US supreme court if necessary. “Our evidence is that the authorities, due in part to the manipulation by the actual perpetrators, pinned the murders on our client, who was in no fit state to handle the criminal justice system because of brain damage from his drug use,” Perkovich said.
The lawyer added: “I don't believe that any fair-minded person could be 100% certain about John Middleton’s guilt at this point. Anyone looking at this case should be deeply troubled by it.”The lawyer added: “I don't believe that any fair-minded person could be 100% certain about John Middleton’s guilt at this point. Anyone looking at this case should be deeply troubled by it.”