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Galileo
02-19-2009, 02:35 PM
MISCARRIAGE OF JUSTICE

Former Congressman Withheld Vital Evidence

A Cole County judge has slammed former congressman Kenny Hulshof for the wrongful conviction of Joshua Kezer and withholding key evidence.

TEXT Published: February 19, 2009 16:52h

Convicted of second degree murder at just 17 years old, and sentenced to 60 years in prison in 1992, Joshua Kezer of Colombia, Missouri, was looking at spending the rest of his life in the Jefferson City Correctional Center.

Fifteen years after being imprisoned for the murder of Angela Mischelle Lawless, Joshua Kezer’s conviction has been overturned.

Surprisingly the case was reopened in 2006 by Scott County Sheriff Rick Walter. The Sheriff’s suspicions of Lawless’ killer being still at large were voiced in a report published by the St. Louis Post-Dispatch in November 2007.

After Kezer was granted a hearing, the defence argued that the prosecutors in the original case failed to produce several key pieces of evidence to Kezer’s defence, three witnesses to Kezer’s confession admitted lying to have their jail sentences reduced and a key witness who placed Kezer near the murder scene recanted.

`None of the Final Statement was True`

Judge Callahan’ s 44 page ruling slammed special prosecutor and former Republican congressman, Kenny Hulshof’s, behaviour in court not to mention withholding key evidence from the defence and an exaggerated closing statement.

Part of Hulshof’s closing statement is as follows: `We put him at the scene, we put a gun in his hand, we put the victim with him, we have got blood on his clothes.`

- None of what Mr. Hulshof said in that final summary was true – Callahan said

- New evidence uncovered since the first trial, including an ex-boyfriend's DNA found under Lawless' fingernails, - further suggests that Kezer was wrongly imprisoned, the judge said for the press.

- The criminal justice system failed in the investigative and charging stage, it failed at trial, it failed at post-trial review and it failed during the appellate process, - Callahan said in his report.

I feel sorry for him

In statements to the press both Kezer’s mother Joni and Angela’s older brother commented on the judges’ verdict:

- I've been laughing and crying since I heard the news. God is great. That's all we had to gone on. We never lost hope because we always had faith, - Kezer's mother, Joni Kezer said.

- Mostly I just feel sorry for him, I really do. He sat in there all this time for something he didn't do, which is horrible for him, - said Jason Lawless, Angela’s brother.

Cole County Judge Callahan has given Scott County prosecutor, Paul Boyd, 10 days to seek a retrial or have Kezer freed.
Related Articles

http://www.javno.com/en-world/former-congressman-withheld-vital-evidence_235644

Winehole23
02-19-2009, 03:02 PM
Justice miscarried in the original conviction, but it didn't completely fall asleep. Kudos to the sheriff for getting the case reopened. :tu

101A
02-19-2009, 04:18 PM
Well we should decide what to do with the Congressman......17 years from now when he next sees the light of day.

Winehole23
02-19-2009, 04:24 PM
Well we should decide what to do with the Congressman......17 years from now when he next sees the light of day.Prosecutions of prosecutorial misconduct are rare, convictions even rarer. I hope they get him, tho.

101A
02-19-2009, 04:29 PM
Prosecutions of prosecutorial misconduct are rare, convictions even rarer.

Professional Courtesy

Galileo
02-19-2009, 04:35 PM
Well we should decide what to do with the Congressman......17 years from now when he next sees the light of day.

Why not lock him up, and give him 17 years to prove he's innocent?

Winehole23
02-20-2009, 01:24 PM
More (http://www.reason.com/blog/show/131746.html) at Reason:



An AP investigation found that in four cases — excluding the latest Kezer decision — prosecutorial errors by Hulshof led to death sentence reversals.
Another accused murderer won acquittal by a new jury at a second trial after his Hulshof-prosecuted conviction was rejected on appeal. A seventh defendant sentenced to life in prison without parole briefly won his freedom when a federal judge tossed out the conviction, although it was later restored.
Hulshof parlayed his prosecutorial excesses into a seat in Congress and, after losing his race for governor, to land at a presumably lucrative gig at a Kansas City-based law firm. Kezer, his victim, has spent half of his 34 years in prison for a crime it now seems fair to say he didn’t commit. And of course there’s also the niggling problem that if Kezer didn’t commit the crime, then Angela Lawless’ murderer remains free.


And yet it’s unlikely Hulshof will suffer much at all from all of this, other than a few days of bad press. Kezer will certainly never see a dime from Hulshof, thanks to the absolute immunity afforded to prosecutors (http://www.reason.com/news/show/126125.html)—even in cases where they knowingly withhold exculpatory evidence, as it appears happened in this one. As Hulshof’s own career trajectory shows, a string of high-profile convictions can launch a promising career in politics and, in Hulshof’s case, the lifetime lucre that comes with having once held federal office (he was at one time considered for president of the University of Missouri). Every incentive points to winning convictions at any cost, and there’s rarely any personal or professional sanction for cheating.

NFGIII
02-20-2009, 01:54 PM
Pathetic that one individual would falsely convict another in order to launch a political career. Seems that he established a pattern and should be investigated but as stated above concerning the absolute immunity afforded to prosecutors this is moot.

Too bad he can't spend a couople of years in Kezer's shoes and see the ohter side of the situation.

Galileo
02-20-2009, 02:38 PM
More (http://www.reason.com/blog/show/131746.html) at Reason:

good find! The comments at reason are very interesting as well.

angel_luv
02-20-2009, 03:05 PM
- I've been laughing and crying since I heard the news. God is great. That's all we had to gone on. We never lost hope because we always had faith, - Kezer's mother, Joni Kezer said.

That is awesome! I am so happy things worked out for them. I only wish the mistake had never been made or, at the very least, been corrected sooner.