Why is a proven wrongfully convicted man dying in prison over a jurisdictional defect?

Why is a proven wrongfully convicted man dying in prison over a jurisdictional defect?

0 have signed. Let’s get to 2,500!
At 2,500 signatures, this petition is more likely to get picked up by local news!
Clifton Middleton started this petition to Jackson Co Missouri Prosecutor Jean Peters Baker

On August 28 2021 Missouri lawmakers passed S.B 53 Statue (547.031) This is the new law that not only empowered Jackson Co Missouri Prosecutor Jean Peters Baker to file a motion, but also gave trial courts jurisdiction to hear the case and free Kevin Strickland. 
On June 24-25 2004 the trial judge Edith Messina reopened Ken Middleton’s case conducting a two day evidentiary hearing and ultimately tossed out his conviction just like Kevin Strickland was able to do! Only this new law didn’t exist back then and the appeals court refused to enforce the trial judges order ruling she didn’t have jurisdiction never reaching the merits/facts that the trial judge ruled an innocent wrongfully convicted man is dying in prison! 

Please sign this petition asking the Jackson Co Missouri Prosecutor Jean Peters Baker to uphold her oath of office and follow the plain language of this new statue by filing a motion to vacate for Ken Middleton! A man who already proved he was wrongfully convicted to the trial judge and now current advisor to Jean Peters Baker 16 years ago!! 

  547.031.  Information of innocence of convicted person — prosecuting or circuit attorney may file to vacate or set aside judgment — procedure. — 1.  A prosecuting or circuit attorney, in the jurisdiction in which a person was convicted of an offense, may file a motion to vacate or set aside the judgment at any time if he or she has information that the convicted person may be innocent or may have been erroneously convicted.  The circuit court in which the person was convicted shall have jurisdiction and authority to consider, hear, and decide the motion.

  2.  Upon the filing of a motion to vacate or set aside the judgment, the court shall order a hearing and shall issue findings of fact and conclusions of law on all issues presented.  The attorney general shall be given notice of hearing of such a motion by the circuit clerk and shall be permitted to appear, question witnesses, and make arguments in a hearing of such a motion.

  3.  The court shall grant the motion of the prosecuting or circuit attorney to vacate or set aside the judgment where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial 

http://www.free-kenmiddleton.com

WHAT IF.....

You found yourself falsely accused of an unimaginable crime.... Would you, like so many others, believe that justice would prevail? Would you have faith in our esteemed courts?

WHAT IF.....
You were forced to sit back and watch quietly while
your fate was being decided by a jury who was never given
the opportunity to hear your side of the story.

WHAT IF.....
You watched repeatedly as one attorney after another fail 
to effectively represent you.

The Evidence Speaks to Innocence!

 Middleton was given life without parole for the murder of his wife. Major facts have been uncovered that call for the immediate release of Middleton, and a criminal investigation.

Here is a brief summary of the accused crime, you be the judge...

Middleton’s wife, Kathy was shot in February of 1990. Kenneth and his wife were the only individuals in the house. Yet, there was no blood splatter or Gun Shot Residue on Kenneth hands or long sleeve shirt. Kathy was shot from the left at close range. Both of her hands were to be tested for Gun Shot Residue, but mysteriously only the right hand sample made it to the lab. The section that showed the Gun Shot Residue for Kathy had been altered with white-out. The evidence would have proven that she accidentally shot herself. Kenneth Middleton had no motive and no life insurance on his wife. This can be viewed on http://www.free-kenmiddleton.com 

Police photos of the crime scene came out black, and new photos were retaken a day later by re-staging the crime scene. This was done without items that were first present in the original crime scene. Middleton’s original attorney Bob Duncan, had three other clients that had been convicted of murder from 1989 to 1992. All of their sentences were overturned due to Bob Duncan’s ineffectiveness, one of the most difficult things to prove in appeal.

After the extensive evidence hearing in July, 2004, Middleton was offered the “Alford Plea,” where he was asked to plead guilty to second degree murder in turn for his freedom on time served and an immediate release. Kenneth refused to admit to something he did not do. The Missouri Governor Teasdale testified under oath in June 2004, that if he was still in office he would grant a full pardon to Ken Middleton. The original trial Judge Edith Messina issued a new ruling in May 2005. She vacated Mr. Middleton’s 1991 conviction and granted him a new trial. In summary, Judge Messina overturned the conviction due to Bob Duncan’s Gross Ineffective Assistance of counsel. Bob Duncan failed to investigate and call experts who 100% ruled out Kenneth as a shooter. The same Prosecutor, Mike Sanders who offered the Alford Plea shockingly appealed the decision and won on a procedural technicality. 

We still have not given up hope, considering these outrageous circumstances. We ask you to sign our petition and ask Jackson Co Missouri Prosecutor Jean Peters Baker to acknowledge her own advisor’s order is information of an erroneous conviction due to constitutional and follow the plain language of this new statue that freed Kevin Strickland

Ken Middleton and his family stand behind him for justice and at 77 years old he deserves to spend his remaining years with his grandkids, whom have never seen him outside of a prison visiting room. Help this man meet his grandchildren outside of the place he should have never been.

0 have signed. Let’s get to 2,500!
At 2,500 signatures, this petition is more likely to get picked up by local news!