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| Joey Lynn Plunkett (mug shot SCSO) A man who allegedly tried to set two Stone County deputies on fire January 8th has been bound over for trial. At Joey Lynn Plunkett's preliminary hearing last week, Deputy Nathan Boone told the court that he and Deputy Dustin Wells were called to Plunkett's Reeds Spring home for a domestic disturbance. Kara Nichole Plunkett allegedly told dispatchers that her husband was ramming their mobile home with his truck that contained fuel filled barrels. When the law enforcers approached the mobile home at 522 Craig Street they found Plunkett walking from the front of the home toward his truck and illuminated him with their spotlights and ordered him to stop. Plunkett ignored the warning and got into his vehicle and locked the door, according to Deputy Boone. Boone said Plunkett refused to get out of his locked vehicle and threw the car in reverse, almost striking Deputy Wells. Plunkett then drove to the back yard where his vehicle got stuck after he hit a swing set. Plunkett again refused commands to exit the vehicle so the law enforcers broke out the driver and passenger windows, according to court testimony. At some point during the scuffle, Plunkett allegedly grabbed a glass jar containing fuel and threw it in Deputy Boone's face. When Plunkett continually refused to exit the vehicle he was tazered, which had no effect on him, according to Boone. As he was being handcuffed a lighter was found in his hand. On the way to the Stone County jail Plunkett allegedly told Boone that "he didn't think they were really police officers." Plunkett, who was placed on probation after pleading guilty to DWI charges last May, was arraigned in Circuit Court this week. |
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Man Who Allegedly Tried To Set Deputies On Fire Bound Over For Trial:
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Alleged Horseshoe Stake Assault Leads To Charges Against Shell Knob Man:
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A Shell Knob man was charged with first-degree assault after he allegedly attacked a man with a horseshoe stake on April 12th.
According to the probable cause statement, Charles F.Borchgardt, 52, went to 146 Lindenwood and told David Michaels he needed to turn down his music.
Michaels said that after Borchgardt threatened him, Herbert Gentry and another man he told Borchgardt to leave his property. Borchgardt allegedly returned later and grabbed a horseshoe stake out of the bed of Michaels truck and assaulted Gentry with it.
Gentry's arm was broken in the alleged attack, according to court documents.
Brochgardt is being held on $100,000 bond.
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| Charles F. Borchgardt (mug shot SCSO) |
A Shell Knob man was charged with first-degree assault after he allegedly attacked a man with a horseshoe stake on April 12th.
According to the probable cause statement, Charles F.Borchgardt, 52, went to 146 Lindenwood and told David Michaels he needed to turn down his music.
Michaels said that after Borchgardt threatened him, Herbert Gentry and another man he told Borchgardt to leave his property. Borchgardt allegedly returned later and grabbed a horseshoe stake out of the bed of Michaels truck and assaulted Gentry with it.
Gentry's arm was broken in the alleged attack, according to court documents.
Brochgardt is being held on $100,000 bond.
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Shell Knob Man Killed In Truck/Bus Crash:
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A Shell Knob man was killed after he collided with a school bus about 6:35 a.m. Friday (05-03-13) morning.
Troopers say 53 year-old Larry Verlin crossed the center line on MO 86 about three miles west of Lampe.
First Responders with The Southern Stone County Fire Protection District used the Jaw of Life to extricate Verlin from the wreckage, and assisted Paramedics with CPR as they transported Verlin to Cox Hospital in Berryville, Arkansas, where he later died.
The driver of the school bus, Johnny C. Bilyeu, 49, of Oak Grove, Arkansas, suffered moderate injured in the crash, according to the Highway Patrol crash report. There were no students on board at the time of the fatal crash.
It is unclear at this time if the unusual winter weather for this time of year may have contributed to the crash.
A Shell Knob man was killed after he collided with a school bus about 6:35 a.m. Friday (05-03-13) morning.
Troopers say 53 year-old Larry Verlin crossed the center line on MO 86 about three miles west of Lampe.
First Responders with The Southern Stone County Fire Protection District used the Jaw of Life to extricate Verlin from the wreckage, and assisted Paramedics with CPR as they transported Verlin to Cox Hospital in Berryville, Arkansas, where he later died.
The driver of the school bus, Johnny C. Bilyeu, 49, of Oak Grove, Arkansas, suffered moderate injured in the crash, according to the Highway Patrol crash report. There were no students on board at the time of the fatal crash.
It is unclear at this time if the unusual winter weather for this time of year may have contributed to the crash.
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Ponce De Leon Woman Allegedly Kicks Boy In Face After He Calls Her A Child Abuser:
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A woman from Ponce De Leon was charged with child abuse after she allegedly kicked her stepson in the face.
Authorities were called to Abesville Elementary to assist the Division of Family Services in an investigation involving a student on April 30th.
Court documents say Linda Marie Fletcher became angry after the young boy woke up early on April 28th and wanted to play. The boy and his brother told authorities that Fletcher told him to get back in bed and that when he called her a child abuser she "kicked him in the face and caused his nose to bleed."
The father of the children, who court documents say made the boy clean up his own blood, says Fletcher hit the boy in the face with her hand.
Fletcher is being held in the Stone County jail on $25,000 bond.
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| Linda Fletcher (mug shot SCSO) |
A woman from Ponce De Leon was charged with child abuse after she allegedly kicked her stepson in the face.
Authorities were called to Abesville Elementary to assist the Division of Family Services in an investigation involving a student on April 30th.
Court documents say Linda Marie Fletcher became angry after the young boy woke up early on April 28th and wanted to play. The boy and his brother told authorities that Fletcher told him to get back in bed and that when he called her a child abuser she "kicked him in the face and caused his nose to bleed."
The father of the children, who court documents say made the boy clean up his own blood, says Fletcher hit the boy in the face with her hand.
Fletcher is being held in the Stone County jail on $25,000 bond.
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Harris Sentenced To Prison:
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A man from Galena who has been charged with multiple drug charges over the last seven years has been sentenced to 15 years in prison.
Chester F. Harris, 34, was on probation when he was arrested for another drug offense this year.
Prosecutor's say Harris sold prescription painkillers, for which he did not have a prescription, and methamphetamine to an undercover officer in November of 2012.
Harris also pleaded guilty to receiving stolen property. Charges of possession of chemicals to manufacture meth were dismissed against Harris in exchange for his guilty plea.
He was ordered to take part in a long term drug treatment program in prison and will be eligible for parole in 18 months.
A man from Galena who has been charged with multiple drug charges over the last seven years has been sentenced to 15 years in prison.
Chester F. Harris, 34, was on probation when he was arrested for another drug offense this year.
Prosecutor's say Harris sold prescription painkillers, for which he did not have a prescription, and methamphetamine to an undercover officer in November of 2012.
Harris also pleaded guilty to receiving stolen property. Charges of possession of chemicals to manufacture meth were dismissed against Harris in exchange for his guilty plea.
He was ordered to take part in a long term drug treatment program in prison and will be eligible for parole in 18 months.
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Bowman Pleads Guilty To Amended Sex Charges:
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A man from Crane has pleaded guilty to misdemeanor charges of sexual misconduct of a child.
Authorities originally charged Joe Dean "J.D." Bowman Jr., 43, with felony charges of sexual misconduct with a child last August after he exposed himself to a group of girls attending a baseball game in Crane.
Bowman was sentenced to 1 year in prison. That sentence was suspended and he was placed on two years probation and ordered to receive counseling.
Bowman is now required to register as a sex offender, according to Stone County Prosecutor Matt Selby.
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| Joe Dean "J.D" Bowman Jr. (mug shot SCSO) |
A man from Crane has pleaded guilty to misdemeanor charges of sexual misconduct of a child.
Authorities originally charged Joe Dean "J.D." Bowman Jr., 43, with felony charges of sexual misconduct with a child last August after he exposed himself to a group of girls attending a baseball game in Crane.
Bowman was sentenced to 1 year in prison. That sentence was suspended and he was placed on two years probation and ordered to receive counseling.
Bowman is now required to register as a sex offender, according to Stone County Prosecutor Matt Selby.
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City Leaders Gearing Up For Summer:
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City crews are working to make repairs to the pool in Crane in preparation for the opening on May, 25 , 2013.
City leaders are in the process of mapping out some sponsored events to be held this summer at the pool, and applications for pool staff will be accepted through the end of the week, according to city clerk Beth Murphy.
City administrator Bob Savage says city workers are also repairing cracks in city streets that appeared over the winter.
Savage says several of people took part in the city wide cleanup on April 27th, but that rain played a part in keeping people home.
Another event the city will sponsor to keep kids busy this summer is a fishing day tentatively scheduled for June. The Department of Conservation will be working with city leaders to stock a pond for that event.
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Two Taney County Jailers Facing Charges Of Having Sexual Contact With Inmates:
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Two former jailers in Taney County found themselves behind bars last week after they were charged with allegedly having sex with inmates.
Details are sketchy at this point, but Sheriff Jimmie Russell has confirmed that he arrested Corey M. Ridings and Chadwick William Brewer last Thursday.
Russell says a female inmate, who is not a victim in these investigations, alerted authorities to the alleged inappropriate contact the two jailers had with inmate/s.
Prosecutor Jeff Merrell charged Ridings, 21,with four counts of sexual contact with a prisoner last Friday. Brewer, 22, is facing a single count of sexual contact with a prisoner.
Both Brewer and Ridings, who were both terminated upon arrest, were booked into jail in Branson and quickly posted bond. They are both due back in associate court on June 10th for bond hearings, according to online court records.
We will have the probable cause statements and mug shots of Ridings and Brewer tomorrow.
UPDATE 05-16-13:
Court documents say the investigation into the jailers was launched after female inmates in the Taney County jail filed a grievance against male correctional staff members.
According to court documents Corey Ridings allegedly admitted to having "consensual" intercourse and receiving oral sex from a prisoner, identified as L.D.T. in the probable cause statement , on multiple occasions while she was incarcerated in the Taney County jail.
Another woman, identified as S.J. in court records, told authorities that she performed oral sex on Ridings six months ago while she was incarcerated in Taney County.
Chad Brewer allegedly touched the breasts and vagina of L.D.T. on May 7th "with her full consent," according to the probable cause statement filed against him.
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| Taney County Sheriff Jimmie Russell |
Two former jailers in Taney County found themselves behind bars last week after they were charged with allegedly having sex with inmates.
Details are sketchy at this point, but Sheriff Jimmie Russell has confirmed that he arrested Corey M. Ridings and Chadwick William Brewer last Thursday.
Russell says a female inmate, who is not a victim in these investigations, alerted authorities to the alleged inappropriate contact the two jailers had with inmate/s.
Prosecutor Jeff Merrell charged Ridings, 21,with four counts of sexual contact with a prisoner last Friday. Brewer, 22, is facing a single count of sexual contact with a prisoner.
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| Corey Ridings (l) and Chad Brewer (mug shots Branson PD) |
Both Brewer and Ridings, who were both terminated upon arrest, were booked into jail in Branson and quickly posted bond. They are both due back in associate court on June 10th for bond hearings, according to online court records.
We will have the probable cause statements and mug shots of Ridings and Brewer tomorrow.
UPDATE 05-16-13:
Court documents say the investigation into the jailers was launched after female inmates in the Taney County jail filed a grievance against male correctional staff members.
According to court documents Corey Ridings allegedly admitted to having "consensual" intercourse and receiving oral sex from a prisoner, identified as L.D.T. in the probable cause statement , on multiple occasions while she was incarcerated in the Taney County jail.
Another woman, identified as S.J. in court records, told authorities that she performed oral sex on Ridings six months ago while she was incarcerated in Taney County.
Chad Brewer allegedly touched the breasts and vagina of L.D.T. on May 7th "with her full consent," according to the probable cause statement filed against him.
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McGlothlin Bound Over For Trial; Some Charges Dismissed:
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Several charges were dismissed against a man from Crane at his preliminary hearing last week.
Prosecutors had charged Larry Dewaine McGlothlin with three counts of burglary, drug possession and tampering with a motor vehicle last fall after a homeowner in Crane told authorities that he and Jess Willard Cypret allegedly broke into a garage and cut the catalytic converter off of a vehicle. Those charges were dismissed.
However, McGlothlin was bound over for trial on charges of receiving stolen property and possession of a controlled substance in connection to a rifle that was stolen in Blue Eye, and items stolen from a former casket company in Crane last October.
Cypret pled guilty to the charges connected to the above crimes and was placed on probation, according to online court records.
McGlothlin is scheduled to be arraigned in circuit court on June 4th.
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| Larry Dewaine McGlothlin (mug shot SCSO) |
Several charges were dismissed against a man from Crane at his preliminary hearing last week.
Prosecutors had charged Larry Dewaine McGlothlin with three counts of burglary, drug possession and tampering with a motor vehicle last fall after a homeowner in Crane told authorities that he and Jess Willard Cypret allegedly broke into a garage and cut the catalytic converter off of a vehicle. Those charges were dismissed.
However, McGlothlin was bound over for trial on charges of receiving stolen property and possession of a controlled substance in connection to a rifle that was stolen in Blue Eye, and items stolen from a former casket company in Crane last October.
Cypret pled guilty to the charges connected to the above crimes and was placed on probation, according to online court records.
McGlothlin is scheduled to be arraigned in circuit court on June 4th.
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Growing Green? Local Business Offering Organic Plants:
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Spring has sprung and with the warmer temperatures people are headed out to local home improvement stores and nursery's to spruce up their gardens.
But a lot of people don't know about a little gem of a nursery on a back road in Crane. Blackberry Lane Gardens, which offers organic options to area residents, is a labor of love for Paula Sherwood and her family.
In 1980, Sherwood and her husband, Mike, bought the land adjacent to the Crane cemetery and built a house. Over the years discussions about what to do with the large property evolved into several greenhouses being built and a family business was born.
"We knew we wanted to do something organic," said Sherwood. "There is a huge market for blueberries and we looked at that option for a while, but what we would have had to do to amend the soil and make the conditions right for blueberries would have taken us out of the organic realm."
Instead, they opted for blackberries which are native to this area and available from late June through the end of July. Sherwood says if there is an abundance of fruit they will let people come pick their own berries or they will pick them for you.
"This year the season is a bit late, but it looks really good."
Customers will also find organic tomato, cucumber, squash, okra and other vegetable plants at Blackberry Lane Gardens.
Perennial and annual flowers are also available until they sell out, which is usually by the end of June, according to Sherwood.
"The only difference between the flowers and blackberries are their soil, and we fertilize them...we don't use pesticide on any of our stuff."
Spring has sprung and with the warmer temperatures people are headed out to local home improvement stores and nursery's to spruce up their gardens.
But a lot of people don't know about a little gem of a nursery on a back road in Crane. Blackberry Lane Gardens, which offers organic options to area residents, is a labor of love for Paula Sherwood and her family.
In 1980, Sherwood and her husband, Mike, bought the land adjacent to the Crane cemetery and built a house. Over the years discussions about what to do with the large property evolved into several greenhouses being built and a family business was born.
"We knew we wanted to do something organic," said Sherwood. "There is a huge market for blueberries and we looked at that option for a while, but what we would have had to do to amend the soil and make the conditions right for blueberries would have taken us out of the organic realm."
Instead, they opted for blackberries which are native to this area and available from late June through the end of July. Sherwood says if there is an abundance of fruit they will let people come pick their own berries or they will pick them for you.
"This year the season is a bit late, but it looks really good."
Customers will also find organic tomato, cucumber, squash, okra and other vegetable plants at Blackberry Lane Gardens.
Perennial and annual flowers are also available until they sell out, which is usually by the end of June, according to Sherwood.
"The only difference between the flowers and blackberries are their soil, and we fertilize them...we don't use pesticide on any of our stuff."
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Phillip Friend Pleads Guilty To Amended Charges In Porter Homicides:
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One of five people facing murder charges connected to the 2011 homicides of Becky and Rusty Porter has cut a deal and pleaded guilty to second-degree murder and felonious restraint.
Phillip Friend was originally charged with two counts of first-degree murder, felonious restraint and armed criminal action last October.
Becky and Rusty Porter went missing from their home near Willard in April of 2011 and their skeletal remains were found three months later in rural Taney County. Becky Porter lived in Stone County for the majority of her life before her marriage to Porter.
In exchange for his guilty plea, prosecutors dropped two counts of armed criminal action against Friend. Taney County Circuit Court Judge Mark Orr accepted the plea agreement and sentenced Friend to seven years on each of the felonious restraint convictions. Those sentences will run concurrently (at the same time.)
Phillip Friend's father, Tony Lee Friend, his cousin Dusty Hicks and Tony Friend's brother-in-law (and Rusty Porter's uncle) Robert Lee Campbell, who lived next door to the murdered couple, still face murder charges connected to the couples deaths. Tony Friend's wife, Windy, is charged with conspiracy to commit murder.
Less than a month before the Porter's went missing, Campbell and Rusty Porter had filed orders of protection against each other. Sources close to the investigation say an alleged dispute over property and a fuel scam led to the Porter's homicides.
Since the suspects were indicted by a grand jury little has been released about a motive for the killings and none of the suspects will have preliminary hearings because the indictments landed them directly in circuit court.
However, when Campbell was charged court documents revealed that he offered "consideration to one or more persons to kill" the couple and "one or more person accepted the offer."
Phillip Friend will be sentenced at a later date on the murder convictions, which carry a sentence from 10 years to life (30 years in the state of Missouri) in prison. The only possible sentences for a first-degree murder conviction is life without the possibility of parole or the death penalty.
Merrell has not announced whether he intends to seek the death penalty against Tony Friend, Dusty Hicks or Robert Campbell.
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| Phillip Lee Friend (mug shot TCSO) |
One of five people facing murder charges connected to the 2011 homicides of Becky and Rusty Porter has cut a deal and pleaded guilty to second-degree murder and felonious restraint.
Phillip Friend was originally charged with two counts of first-degree murder, felonious restraint and armed criminal action last October.
Becky and Rusty Porter went missing from their home near Willard in April of 2011 and their skeletal remains were found three months later in rural Taney County. Becky Porter lived in Stone County for the majority of her life before her marriage to Porter.
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| Rusty and Becky Porter |
In exchange for his guilty plea, prosecutors dropped two counts of armed criminal action against Friend. Taney County Circuit Court Judge Mark Orr accepted the plea agreement and sentenced Friend to seven years on each of the felonious restraint convictions. Those sentences will run concurrently (at the same time.)
Phillip Friend's father, Tony Lee Friend, his cousin Dusty Hicks and Tony Friend's brother-in-law (and Rusty Porter's uncle) Robert Lee Campbell, who lived next door to the murdered couple, still face murder charges connected to the couples deaths. Tony Friend's wife, Windy, is charged with conspiracy to commit murder.
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| Robert Campbell, Tony Friend, Windy Friend and Dusty Hicks |
Less than a month before the Porter's went missing, Campbell and Rusty Porter had filed orders of protection against each other. Sources close to the investigation say an alleged dispute over property and a fuel scam led to the Porter's homicides.
Since the suspects were indicted by a grand jury little has been released about a motive for the killings and none of the suspects will have preliminary hearings because the indictments landed them directly in circuit court.
However, when Campbell was charged court documents revealed that he offered "consideration to one or more persons to kill" the couple and "one or more person accepted the offer."
Phillip Friend will be sentenced at a later date on the murder convictions, which carry a sentence from 10 years to life (30 years in the state of Missouri) in prison. The only possible sentences for a first-degree murder conviction is life without the possibility of parole or the death penalty.
Merrell has not announced whether he intends to seek the death penalty against Tony Friend, Dusty Hicks or Robert Campbell.
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Zarro Waives Preliminary Hearing:
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One of the boys accused of murdering an elderly couple in January waived his preliminary hearing last week and was bound over for trial.
One of the boys accused of murdering an elderly couple in January waived his preliminary hearing last week and was bound over for trial.
Prosecutors allege that Anthony "Tony" Zarro, of Spring, Texas, broke into a lakefront house near Lampe where Paul "Brian" and Margaret "Susan" Brooks were vacationing and stabbed and bludgeoned the couple to death.
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| Susan and Brian Brooks (family photo) |
Zarro, 17, and another teen Christopher Allen, 16, of Nashville, Tennessee had runaway from the Lives Under Construction boys ranch near Lampe a few days before the murders and had broken into a house next door to the Brookses where they were hiding out.
Judge Alan Blankenship ruled last month that both boys will stand trial as adults.
Zarro, who formally entered a not guilty plea, will be arraigned in circuit court on May 29th. Allen's preliminary hearing is scheduled to be heard the same day.
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Civil Lawsuit Brought By Kanakuk Kamp Sex Victim To Be Heard Next January:
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A civil law suit brought by family members of a child who was sexually abused while attending Kanakuk Kamp is scheduled to be heard early next year.
The lawsuit listsK-Kamp, Inc. (formerly known as Kanakuk Kamp, Inc.) and Kanakuk Ministries, owner Joe White and former employee Peter Daniel Newman, et. al (and others) as defendants in the lawsuit is scheduled to begin on January 27, 2014 unless some other agreement is reached before then.
Newman, a former camp leader is serving two life sentences plus 30 years for sex crimes against children who were enrolled in the Branson based Christian sports camp.
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| Peter Daniel "Pete" Newman (mug shot MDOC) |
The case, which was moved to Christian County on a change of venue, alleges that the owner of the facility, Joe White, and the director of the camp, Kris Cooper, were aware of Newman's nude bible studies and other sex acts he committed against children as early as 2000 but continued to employee him until criminal charges were filed against him in 2009.
The plaintiff, who is identified in court filings as John Doe to protect his identity, was 12-years-old at the time of the sexual assaults. He claims he has been psychologically and spiritually damaged as a result of the abuse.
"Psychological testing of John Doe indicates that he suffers from severe depression and ongoing anxiety as a result of the abuse imposed upon him by the defendants,” and “Significant concern exists regarding John Doe’s potential to commit suicide," court records claim.
The documents state that John Doe is confused about his sexual identity and has not been able to have a long term relationship with a female because his first sexual experience was with Newman, and that White and other leaders of the camp did not protect him while he was in their care.
Doe seeks a “judgment against the defendants, and each of them, for a sum that is fair and reasonable in an amount that exceeds the jurisdictional minimum of this court, for punitive damages in an amount sufficient to punish each defendant and to deter future misconduct." He has also asked that the plaintiff's pay his attorney fees.
A similar case that was filed against Kankuk Kamp in Texas was settled after one day of mediation, according to court records. Kanukuk has until May 29th to finalize that agreement or the case could proceed to trial or be dismissed.
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Attorney Rita Sanders Alleges Prosecutorial Misconduct In Paula Hall Murder Case:
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The attorney representing Paula Hall is alleging Prosecutorial misconduct in a motion filed today (05-22-13) and is asking that a special prosecutor be named to handle her clients murder case that was overturned by the Missouri Court of Appeals.
In Paula Hall's 2009 murder trial Lisa Bonham appeared as a witness for the state. Bonham, who was incarcerated with Hall in Christian County, testified that Hall told her that she took part in killing Freda Heyn in 2003.
"During direct examination Christian County Assistant Prosecutor Donovan Dobbs solicited testimony from Bonham that she had no pending Christian county charges and at the time she was in the Christian County jail with Paula she had been there on a paperwork snafu. Post trial it was learned this was false testimony."
Bonham testified that she had not read any of the discovery in Hall's case and "all she knew came from Paula herself." When Bonham's former cellmate, Jennifer Berry, was deposed she said that Bonham was "going to use Paula as a ticket to keep out of prison and that she had indeed read Paula's discovery."
Cleek argued during closing arguments that "Ms. Bonham had no deal and there was nothing he could offer her and she was testifying because it was the right thing to do."
Sanders writes in the motion filed this morning in Taney County, where the case was moved on a change of venue, that after Hall's trial she learned that former Christian County Prosecutor Ron Cleek had written an letter to Greene County Judge Tom Mountjoy BEFORE Hall's trial asking "that he grant her leniency on her Greene County cases due to her testifying in the Hall case."
Sanders alleges that letter was followed up by an email Cleek sent to the Greene County prosecutor's office five days after Hall's 2009 conviction. "The email was again asking that consideration be given to Bonham for her testimony."
Sanders wants a special prosecutor appointed to Hall's new case, if it does proceed to trial, because current Christian County Prosecutor Amy Fite was the prosecutor in Greene County who handled Bonham's cases.
When Fite responded to Cleek's email asking for leniency in Bonham's case she wrote, "her voluntary testimony was a mitigating fact and went into the concurrent offer."
In 2011, Judge John Moody overturned Hall's conviction. Fite filed a motion to reconsider and Moody temporarily vacated that order.
Sanders says when Fite learned that there was a letter from Mr. Cleek in Ms. Bonham's Greene County court file she called Bonham's attorney, Kyle Domain, and "attempted to convince Mr. Domain "that he did not see a letter but that in fact what he observed was the email she had received from Mr. Cleek."
Sanders then filed a motion to have Fite disqualified to handle Hall's new case. When Fite and Sanders met with Judge Moody to discuss the matter, Fite said Domain called her and opened her computer and read from her notes of the conversation. The notes did not mention the letter or email, but did note that Domain had called her.
Sanders withdrew her motion asking for a new prosecutor at that time, but called Domain and asked why he had misled her. "Mr. Domain informed Movants [Sanders] counsel at that time that Prosecutor Fite had been less than forthcoming to both counsel and Judge Moody."
Domain said he had talked with Fite twice that day and that he had made the initial phone call, "Domain maintained that regardless of whether it was in her notes or not that they did have a brief conversation regarding the email."
Domain says that during the second phone call Fite "attempted to persuade him that he had not seen a letter but that it was instead the email he had seen."
"Mr. Domain remains adamant that the letter was written on Christian County letterhead and was not an email."
Sanders also alleges that Christian County Assistant Prosecutor Donovan Dobbs testified during a Post Conviction Relief hearing that "he had an exparte [in this case it means both parties were present. i.e., Dobbs and Lisa Bonham, NOT an order of protection] meeting with witness Lisa Bonham" and that he did so knowing she was represented by an attorney.
Dobbs also testified that he filed a motion requesting that Bonham be released back to probation even though she had numerous probation violations and new felony charges pending in a neighboring county, according to court documents.
He admitted that the asking for those considerations was "not common for the Christian County Prosecutor's Office given the extensive criminal history and continuing violations" of someone like Bonham.
During the May 22nd motion hearing, Sanders asked to re-depose David Epperson. That motion was granted over the objection of prosecutor's. Epperson had originally been charged with second-degree murder in connection to Heyn's death, however, those charges were amended to tampering with evidence when he agreed to testify for the state.
Epperson testified at Hall's trial that he cut his hand on a piece of glass when he helped her clean up blood from inside Heyn's home. Epperson was sentenced to four years in prison for his testimony, however, that sentence was suspended and he was placed on probation for five years in 2012.
Sanders also asked for a speedy trial this time around. That motion was also granted and a trial date of September 30, 2013, was set. Sanders says she will call Fite, Dobbs and former prosecutor Ron Cleek as witnesses.
"I am thrilled that Paula will be coming home," said Sanders. "I am hopeful that I can get her released while awaiting the new trial. Her spirits are high, she is looking forward to spending time with her children and grandchildren. She has hopes of being able to find a job and start college, as she earned her GED while in prison. I'm very proud of her and the positive outlook she has kept during this difficult time in her life. The fact she took what would have made most people bitter and instead used the time to better herself speaks highly of her character."
"I'm gearing up to try this case.....I don't intend to lose this time."
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| Rita Sanders |
The attorney representing Paula Hall is alleging Prosecutorial misconduct in a motion filed today (05-22-13) and is asking that a special prosecutor be named to handle her clients murder case that was overturned by the Missouri Court of Appeals.
In Paula Hall's 2009 murder trial Lisa Bonham appeared as a witness for the state. Bonham, who was incarcerated with Hall in Christian County, testified that Hall told her that she took part in killing Freda Heyn in 2003.
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| Paula Hall (mug shot MDOC) |
"During direct examination Christian County Assistant Prosecutor Donovan Dobbs solicited testimony from Bonham that she had no pending Christian county charges and at the time she was in the Christian County jail with Paula she had been there on a paperwork snafu. Post trial it was learned this was false testimony."
Bonham testified that she had not read any of the discovery in Hall's case and "all she knew came from Paula herself." When Bonham's former cellmate, Jennifer Berry, was deposed she said that Bonham was "going to use Paula as a ticket to keep out of prison and that she had indeed read Paula's discovery."
Cleek argued during closing arguments that "Ms. Bonham had no deal and there was nothing he could offer her and she was testifying because it was the right thing to do."
Sanders writes in the motion filed this morning in Taney County, where the case was moved on a change of venue, that after Hall's trial she learned that former Christian County Prosecutor Ron Cleek had written an letter to Greene County Judge Tom Mountjoy BEFORE Hall's trial asking "that he grant her leniency on her Greene County cases due to her testifying in the Hall case."
Sanders alleges that letter was followed up by an email Cleek sent to the Greene County prosecutor's office five days after Hall's 2009 conviction. "The email was again asking that consideration be given to Bonham for her testimony."
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| Freda Heyn was last seen alive at a Post Office near Oldfield in 2003 |
Sanders wants a special prosecutor appointed to Hall's new case, if it does proceed to trial, because current Christian County Prosecutor Amy Fite was the prosecutor in Greene County who handled Bonham's cases.
When Fite responded to Cleek's email asking for leniency in Bonham's case she wrote, "her voluntary testimony was a mitigating fact and went into the concurrent offer."
In 2011, Judge John Moody overturned Hall's conviction. Fite filed a motion to reconsider and Moody temporarily vacated that order.
Sanders says when Fite learned that there was a letter from Mr. Cleek in Ms. Bonham's Greene County court file she called Bonham's attorney, Kyle Domain, and "attempted to convince Mr. Domain "that he did not see a letter but that in fact what he observed was the email she had received from Mr. Cleek."
Sanders then filed a motion to have Fite disqualified to handle Hall's new case. When Fite and Sanders met with Judge Moody to discuss the matter, Fite said Domain called her and opened her computer and read from her notes of the conversation. The notes did not mention the letter or email, but did note that Domain had called her.
Sanders withdrew her motion asking for a new prosecutor at that time, but called Domain and asked why he had misled her. "Mr. Domain informed Movants [Sanders] counsel at that time that Prosecutor Fite had been less than forthcoming to both counsel and Judge Moody."
Domain said he had talked with Fite twice that day and that he had made the initial phone call, "Domain maintained that regardless of whether it was in her notes or not that they did have a brief conversation regarding the email."
Domain says that during the second phone call Fite "attempted to persuade him that he had not seen a letter but that it was instead the email he had seen."
"Mr. Domain remains adamant that the letter was written on Christian County letterhead and was not an email."
Sanders also alleges that Christian County Assistant Prosecutor Donovan Dobbs testified during a Post Conviction Relief hearing that "he had an exparte [in this case it means both parties were present. i.e., Dobbs and Lisa Bonham, NOT an order of protection] meeting with witness Lisa Bonham" and that he did so knowing she was represented by an attorney.
Dobbs also testified that he filed a motion requesting that Bonham be released back to probation even though she had numerous probation violations and new felony charges pending in a neighboring county, according to court documents.
He admitted that the asking for those considerations was "not common for the Christian County Prosecutor's Office given the extensive criminal history and continuing violations" of someone like Bonham.
During the May 22nd motion hearing, Sanders asked to re-depose David Epperson. That motion was granted over the objection of prosecutor's. Epperson had originally been charged with second-degree murder in connection to Heyn's death, however, those charges were amended to tampering with evidence when he agreed to testify for the state.
Epperson testified at Hall's trial that he cut his hand on a piece of glass when he helped her clean up blood from inside Heyn's home. Epperson was sentenced to four years in prison for his testimony, however, that sentence was suspended and he was placed on probation for five years in 2012.
Sanders also asked for a speedy trial this time around. That motion was also granted and a trial date of September 30, 2013, was set. Sanders says she will call Fite, Dobbs and former prosecutor Ron Cleek as witnesses.
"I am thrilled that Paula will be coming home," said Sanders. "I am hopeful that I can get her released while awaiting the new trial. Her spirits are high, she is looking forward to spending time with her children and grandchildren. She has hopes of being able to find a job and start college, as she earned her GED while in prison. I'm very proud of her and the positive outlook she has kept during this difficult time in her life. The fact she took what would have made most people bitter and instead used the time to better herself speaks highly of her character."
"I'm gearing up to try this case.....I don't intend to lose this time."
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Springfield Police Say Case Closed In Frech Murder:
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Authorities in Springfield have now closed the investigation into the murder of Kelly Frech.
Frech's remains were discovered in a trash can outside Adam Bergesth's home at 1231 W. Edgewood last July. Bergseth was killed by a Marionville police officer after he lunged at the cop with a pair of scissors.
The law enforcer had been called to the Applelane Townhomes to check the well being of a woman who called police to say Bergseth was holding Erica Chaffin against her will.
Chaffin told authorities that Bergseth had given her a check in the name of Frech to make a furniture payment, and attempted to have her cash a state issued check that was made out to Julianne Phipps (or Phillips.)
When authorities searched Bergseth's home they found he had multiple identification cards belonging to other people, checkbooks and cell phones.
Marionville police chief Mark Webb was following up the investigation into the June 30, 2012, deadly officer involved shooting when he made the grisly discovery and alerted Springfield police. The shooting of Bergseth was ruled justifiable and the officer returned to duty.
Chaffin told investigator's that Bergseth's vehicle had a horrible smell. Bergseth told Chaffin that the boyfriend of a woman he was having an affair with dumped pigs blood in the car.
Webb says authorities in Springfield have refused to share records with him so that he can continue his investigation into Bergseth to determine if there are any additional victims.
According to a news release from the SPD, "The investigation conducted by detectives with the Springfield Police Department indicated that Adam Bergseth was responsible for the death of Kelly Frech. The investigative reports were presented to the Greene County Prosecutor's Office for review. The Greene County Prosecutor's Office completed the review of the investigation and agrees that Adam Bergseth was responsible for Kelly Frech's death. No further action will be taken since Adam Bergseth is deceased."
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| Kelly Frech (courtesy on J. Frech) |
Authorities in Springfield have now closed the investigation into the murder of Kelly Frech.
Frech's remains were discovered in a trash can outside Adam Bergesth's home at 1231 W. Edgewood last July. Bergseth was killed by a Marionville police officer after he lunged at the cop with a pair of scissors.
The law enforcer had been called to the Applelane Townhomes to check the well being of a woman who called police to say Bergseth was holding Erica Chaffin against her will.
Chaffin told authorities that Bergseth had given her a check in the name of Frech to make a furniture payment, and attempted to have her cash a state issued check that was made out to Julianne Phipps (or Phillips.)
When authorities searched Bergseth's home they found he had multiple identification cards belonging to other people, checkbooks and cell phones.
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| Adam Bergseth |
Marionville police chief Mark Webb was following up the investigation into the June 30, 2012, deadly officer involved shooting when he made the grisly discovery and alerted Springfield police. The shooting of Bergseth was ruled justifiable and the officer returned to duty.
Chaffin told investigator's that Bergseth's vehicle had a horrible smell. Bergseth told Chaffin that the boyfriend of a woman he was having an affair with dumped pigs blood in the car.
Webb says authorities in Springfield have refused to share records with him so that he can continue his investigation into Bergseth to determine if there are any additional victims.
According to a news release from the SPD, "The investigation conducted by detectives with the Springfield Police Department indicated that Adam Bergseth was responsible for the death of Kelly Frech. The investigative reports were presented to the Greene County Prosecutor's Office for review. The Greene County Prosecutor's Office completed the review of the investigation and agrees that Adam Bergseth was responsible for Kelly Frech's death. No further action will be taken since Adam Bergseth is deceased."
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Republic Man Sentenced For Resisting Arrest, Drugs:
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| Justin Morgan Scott (mug shot SCSO) |
A man from Republic who ran from deputies when they went to a house in Branson West on April 17th was sentenced to four years in prison after he pleaded guilty earlier this month.
When authorities went to the house on Lewallen Lane on April Justin Scott, 24, jumped out a bedroom window and fled into some nearby woods, according to court documents. Republic man was sentenced Monday for charges filed in April for running from police while in possession of drugs.
Justin Scott, 24, was given four- and two-year sentences,to run concurrently, with the Missouri Department of Corrections after he waived formal arraignment and pleaded guilty on the same day.
Scott ran through a tunnel that runs under Missouri 13 and attempted to hide behind a log, according to a press release from Sheriff Doug Rader.
When law enforcers searched a backpack that Scott left inside the residence they found methamphetamine and drug paraphernalia, according to court records.
The Southern Stone County First Protection District assisted in apprehending Scott when he fell down an embankment and was injured.
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Teri Dean Murder Trial Set To Begin Next Week:
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The murder trial of a woman accused of taking part in the February 2012 murder of Carl Anderson is scheduled to begin next week in Jasper County where it was moved on a change of venue.
Prosecutor Matt Selby says Teri Dean-Morrison, Cheryl Crawford and Eugene Crider killed Anderson during a fight at Dean-Morrison's home near Hootentown.
Anderson's family told investigators the 46 year-old man went missing after he went to work on Dean-Morrison's home at 263 Akita Run. Dean-Morrison told cops that she dropped Anderson off at his home in Highlandville and then went to her son's basketball game.
When law enforcers executed a search warrant at Dean-Morrison's home, "a large amount of blood was found in several locations on the ceiling in the master bedroom. The carpet flooring, exterior windows and interior door in the master bedroom had recently been replaced," according to court documents.
Those documents go on to say that the ceiling had been cleaned and ceiling texture had been removed in an attempt to hide blood stains. Samples of the blood were tested and came back as belonging to the 46 year-old missing man.
Crider allegedly told a witness that Anderson was beaten to death with a hammer and the windows and door were broken when Anderson attempted to flee. Search warrant returns say Anderson's remains were set on fire in an attempt to get rid of the body.
Anderson's charred dismembered remains were found in a pond on property belonging to a former boyfriend of Dean-Morrison on March 21, 2012.
A pre-trial conference is scheduled to be held on May 21st. The Crane Chronicle will be at that proceeding as well as the trial.
Crider and Crawford are scheduled to stand trial for murder later this year. Another woman, Krystal Buras, who is charged with tampering with physical evidence in the case, is scheduled to appear in court on June 12th.
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| Teri Lynn Dean-Morrison (mug shot SCSO) |
The murder trial of a woman accused of taking part in the February 2012 murder of Carl Anderson is scheduled to begin next week in Jasper County where it was moved on a change of venue.
Prosecutor Matt Selby says Teri Dean-Morrison, Cheryl Crawford and Eugene Crider killed Anderson during a fight at Dean-Morrison's home near Hootentown.
Anderson's family told investigators the 46 year-old man went missing after he went to work on Dean-Morrison's home at 263 Akita Run. Dean-Morrison told cops that she dropped Anderson off at his home in Highlandville and then went to her son's basketball game.
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| Carl Anderson |
When law enforcers executed a search warrant at Dean-Morrison's home, "a large amount of blood was found in several locations on the ceiling in the master bedroom. The carpet flooring, exterior windows and interior door in the master bedroom had recently been replaced," according to court documents.
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| Dean-Morrison's home at 263 Akita Run |
Those documents go on to say that the ceiling had been cleaned and ceiling texture had been removed in an attempt to hide blood stains. Samples of the blood were tested and came back as belonging to the 46 year-old missing man.
Crider allegedly told a witness that Anderson was beaten to death with a hammer and the windows and door were broken when Anderson attempted to flee. Search warrant returns say Anderson's remains were set on fire in an attempt to get rid of the body.
Anderson's charred dismembered remains were found in a pond on property belonging to a former boyfriend of Dean-Morrison on March 21, 2012.
A pre-trial conference is scheduled to be held on May 21st. The Crane Chronicle will be at that proceeding as well as the trial.
Crider and Crawford are scheduled to stand trial for murder later this year. Another woman, Krystal Buras, who is charged with tampering with physical evidence in the case, is scheduled to appear in court on June 12th.
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Allen Waives Prelim; Zarro Wants Change of Judge, Venue:
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A teenager accused of murdering an elderly couple last January waived his preliminary hearing on May 29th and was bound over for trial.
Prosecutor Matt Selby says Christopher James Allen, 16, of Nashville, Tennessee, took part in the stabbing and bludgeoning deaths of Paul "Brian" Brooks and his wife Margaret "Susan" Brooks.
Allen, and another teen, Anthony Zarro, 17,of Spring, Texas, had run away from the Lives Under Construction boys ranch near Lampe a few days before the couple were found murdered in their son's lake house near Lampe.
Court records say the boys had broken into a house next door to the Brookses and were hiding out there. During a hearing to determine whether the boys would stand trial as adults, testimony revealed that a bedpost had been broken off a bed in the home the boys were hiding out in and was allegedly used to beat the couple to death.
Allen will be arraigned in circuit court on July 1st.
Zarro's attorney, Rebecca Abeln, waived her clients preliminary hearing a few weeks ago. She has filed motions with the court asking for a change of judge and a change of venue for Zarro's trial.
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| Christopher James Allen (mug shot SCSO) |
A teenager accused of murdering an elderly couple last January waived his preliminary hearing on May 29th and was bound over for trial.
Prosecutor Matt Selby says Christopher James Allen, 16, of Nashville, Tennessee, took part in the stabbing and bludgeoning deaths of Paul "Brian" Brooks and his wife Margaret "Susan" Brooks.
Allen, and another teen, Anthony Zarro, 17,of Spring, Texas, had run away from the Lives Under Construction boys ranch near Lampe a few days before the couple were found murdered in their son's lake house near Lampe.
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| Susan and Brian Brooks |
Court records say the boys had broken into a house next door to the Brookses and were hiding out there. During a hearing to determine whether the boys would stand trial as adults, testimony revealed that a bedpost had been broken off a bed in the home the boys were hiding out in and was allegedly used to beat the couple to death.
Allen will be arraigned in circuit court on July 1st.
Zarro's attorney, Rebecca Abeln, waived her clients preliminary hearing a few weeks ago. She has filed motions with the court asking for a change of judge and a change of venue for Zarro's trial.
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Kulhanek Sentenced To 20 Years For Involuntary Manlsaughter:
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A man who pleaded guilty to involuntary manslaughter in March has been sentenced to twenty years in prison.
Barry County prosecutor Johnnie Cox says Kulhanek was drunk when he turned his truck into the path of motorcyclist Aaron Poston on Highway 39 last July.
According to the probable cause statement, "Kulhanek told Trooper Kyle Knight that he had "a couple of drinks, not that many" before getting behind the wheel. When Knight attempted to have Kulhanek perform a series of field sobriety tests the man could "barley walk and needed assistance from three officers to stand." A warrant had to be issued so authorities could have Kulhanek's blood drawn to be tested after he refused to voluntarily provide samples.
Kulhanek, who was charged as a prior and persistent offender, also pleaded guilty to charges of leaving the scene of an accident and resisting arrest. He was sentenced to 4 years in prison on each of those convictions, which will be served concurrently (at the same time) as the 20 year sentence.
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| Nicholas Kulhanek (mug shot BCSO) |
A man who pleaded guilty to involuntary manslaughter in March has been sentenced to twenty years in prison.
Barry County prosecutor Johnnie Cox says Kulhanek was drunk when he turned his truck into the path of motorcyclist Aaron Poston on Highway 39 last July.
According to the probable cause statement, "Kulhanek told Trooper Kyle Knight that he had "a couple of drinks, not that many" before getting behind the wheel. When Knight attempted to have Kulhanek perform a series of field sobriety tests the man could "barley walk and needed assistance from three officers to stand." A warrant had to be issued so authorities could have Kulhanek's blood drawn to be tested after he refused to voluntarily provide samples.
Kulhanek, who was charged as a prior and persistent offender, also pleaded guilty to charges of leaving the scene of an accident and resisting arrest. He was sentenced to 4 years in prison on each of those convictions, which will be served concurrently (at the same time) as the 20 year sentence.
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Judge Agrees To Release Paula Hall On Bond While She Awaits New Murder Trial:
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A Sparta woman who was convicted of the murder of Freda Heyn and sentenced to 20 years in prison will be released from the Christian County jail this afternoon on $25,000 bond.
Paula Hall's conviction was first overturned in 2011 by Judge John Moody and then upheld by the Missouri Court of Appeals.
In 2009 a jury in Taney County convicted Hall, 45, for the 2003 murder of 68 year-old Freda Heyn. Mrs. Heyn was last seen at the post office in Oldfield in November of 2003. Her skull was found in 2004 by hikers in the Mark Twain National Forest near Chadwick. The rest of her remains, which authorities believe were fed to hogs, have never been found.
Hall's attorney, Rita Sanders, has fought for Hall's release since she was sentenced. In a recent filing, Sanders alleges prosecutorial misconduct and underhanded dealings led to her clients conviction.
Sanders maintains that Hall's former boyfriend, David Epperson, who pleaded guilty to tampering with evidence, and another man are responsible for Heyn's death.
Epperson, a former boyfriend of Hall who at one time was facing murder charges connected to Heyn's death, testified that he witnessed Hall swing a golf club, "roundhouse style," at the elderly woman - who fell face first to the ground.
Epperson told jurors that Paula's former brother-in-law, Billy Wayne Hall, helped him move Heyn's body to the side of his trailer, then the trio went inside to get high on methamphetamine. He testified at Hall's trial that he cut his hand on a piece of glass when he helped her clean up blood from inside Heyn's home
Epperson, was given a plea deal in exchange for his testimony. He was sentenced to four years in prison as part of that deal.
But it wasn't just Epperson's testimony that helped convict Hall, according to Sanders.
In 2011, Sanders filed an appeal with Judge John Moody saying prosecutors failed to provide her with all of their discovery against her client and that a jailhouse snitch lied to get a better deal in the cases that were pending against her. At the time Moody overturned the verdict, he said the evidence prosecutor's presented against Paula Hall was "razor thin."
Sanders says Hall allowed Lisa Bonham to read the discovery in her case and Bonham "molded" her testimony around what she read and told jurors she overheard Hall tell fellow inmates she helped kill the elderly woman.
Murder charges connected to Heyn's death that were filed against Billy Wayne Hall, [who is Paula Hall's former brother-in-law] who Sanders also represented, were dismissed without prejudice when she filed a motion for a speedy trial in June of 2011.
"They had 180 days to re-file charges against Billy and they didn't because they had absolutely no evidence against him," said Sanders.
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Hall has obtained her GED while in prison, according to Sanders. "I know Paula's innocent and I will never stop fighting for her. I look forward to trying a new trial for Paula....I won't lose this time!"
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| Paula Hall (MDOC mug shot) |
A Sparta woman who was convicted of the murder of Freda Heyn and sentenced to 20 years in prison will be released from the Christian County jail this afternoon on $25,000 bond.
Paula Hall's conviction was first overturned in 2011 by Judge John Moody and then upheld by the Missouri Court of Appeals.
In 2009 a jury in Taney County convicted Hall, 45, for the 2003 murder of 68 year-old Freda Heyn. Mrs. Heyn was last seen at the post office in Oldfield in November of 2003. Her skull was found in 2004 by hikers in the Mark Twain National Forest near Chadwick. The rest of her remains, which authorities believe were fed to hogs, have never been found.
Hall's attorney, Rita Sanders, has fought for Hall's release since she was sentenced. In a recent filing, Sanders alleges prosecutorial misconduct and underhanded dealings led to her clients conviction.
Sanders maintains that Hall's former boyfriend, David Epperson, who pleaded guilty to tampering with evidence, and another man are responsible for Heyn's death.
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| Freda Heyn (family photo) |
Epperson, a former boyfriend of Hall who at one time was facing murder charges connected to Heyn's death, testified that he witnessed Hall swing a golf club, "roundhouse style," at the elderly woman - who fell face first to the ground.
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| David Epperson (mug shot CCSO) |
Epperson told jurors that Paula's former brother-in-law, Billy Wayne Hall, helped him move Heyn's body to the side of his trailer, then the trio went inside to get high on methamphetamine. He testified at Hall's trial that he cut his hand on a piece of glass when he helped her clean up blood from inside Heyn's home
Epperson, was given a plea deal in exchange for his testimony. He was sentenced to four years in prison as part of that deal.
But it wasn't just Epperson's testimony that helped convict Hall, according to Sanders.
In 2011, Sanders filed an appeal with Judge John Moody saying prosecutors failed to provide her with all of their discovery against her client and that a jailhouse snitch lied to get a better deal in the cases that were pending against her. At the time Moody overturned the verdict, he said the evidence prosecutor's presented against Paula Hall was "razor thin."
Sanders says Hall allowed Lisa Bonham to read the discovery in her case and Bonham "molded" her testimony around what she read and told jurors she overheard Hall tell fellow inmates she helped kill the elderly woman.
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| Rita Sanders |
Another reason Sanders cited lies with Tommy Pettit, who she believes is responsible for Heyn's murder. "I was given one CD of an interview with Pettit when there were actually three...and one of the reports we found in post conviction relief was dated February 9, 2009...5 days AFTER Paula was convicted. Under the Brady rule, they have to disclose everything they have to defense counsel."
"In some evidence we've found he [Pettit] describes what it felt and smelled like when he cut up Freda's body." Sanders also says it's possible that a woman with ties to Pettit, Debbie Presley, who also dated David Epperson, was present when Heyn was murdered. "She told Paula she needed to talk to her about Freda. Paula told her she was advised by me not to talk to anyone about the case anymore."
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Jail staff found Presley, who was looking at 40 years in federal prison if convicted of the drug charges she was being held on, hanging in her Christian County jail cell that same night.
"Tommy’s wife Danielle gave a written statement saying her husband did it, but I don’t think that statement ever left her hand,” Sanders says “I’m not sure the prosecutor's office even knew about this one."
Sanders says Danielle Petit claims in her statement that Tommy initially told her it was him, David Epperson and another family member of Pettit's, who has refused to speak with law enforcers, that were responsible for Mrs. Heyn's death.
"Tommy’s wife Danielle gave a written statement saying her husband did it, but I don’t think that statement ever left her hand,” Sanders says “I’m not sure the prosecutor's office even knew about this one."
Sanders says Danielle Petit claims in her statement that Tommy initially told her it was him, David Epperson and another family member of Pettit's, who has refused to speak with law enforcers, that were responsible for Mrs. Heyn's death.
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| Billy Wayne Hall (mug shot CCSO) |
Murder charges connected to Heyn's death that were filed against Billy Wayne Hall, [who is Paula Hall's former brother-in-law] who Sanders also represented, were dismissed without prejudice when she filed a motion for a speedy trial in June of 2011.
"They had 180 days to re-file charges against Billy and they didn't because they had absolutely no evidence against him," said Sanders.
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About 20 days after Moody overturned Paula Hall's conviction he vacated his judgment.
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Christian County Prosecuting Attorney, Amy J. Fite presented the court with the testimony of Christian County Circuit Clerk Barbara Stillings, Christian County Sheriff's Captain Bryan Gillman, and Greg Fahrlander and Cindy Bates with Probation and Parole.
The state argued that Sanders did not file an appeal for Paula Hall in a timely matter. "They said we didn't file within the 90 days allowed by the state. The clerk's office [Taney County] held on to the paperwork for seven days following the ruling and didn't date stamp it. We proved that we filed it within the time allowed."
Other evidence Fite presented indicated that there was no pending probation violation at the time the Lisa Bonham testified. Additional evidence presented also showed that a violation report did not exist and the alleged discovery violation was likely the result of a simple scrivener’s error in the court record. "She [Bonham] was on a 120 day hold on a probation violation for Christian County and had an ongoing case that was not disclosed," said Sanders.
In a recent motion filed in Taney County, where the case was moved on a change of venue, Sanders says she learned AFTER Hall's trial that former Christian County Prosecutor Ron Cleek had written a letter to Greene County Judge Tom Mountjoy BEFORE Hall's trial asking "that he grant her leniency on her Greene County cases due to her testifying in the Hall case."
Sanders alleges that letter was followed up by an email Cleek sent to the Greene County prosecutor's office five days after Hall's 2009 conviction. "The email was again asking that consideration be given to Bonham for her testimony."
Sanders wants a special prosecutor appointed to Hall's new case, if it does proceed to trial, because current Christian County Prosecutor Amy Fite was the prosecutor in Greene County who handled Bonham's cases.
When Fite responded to Cleek's email asking for leniency in Bonham's case she wrote, "her voluntary testimony was a mitigating fact and went into the concurrent offer."
In 2011, Judge John Moody overturned Hall's conviction. Fite filed a motion to reconsider and Moody temporarily vacated that order.
Sanders says when Fite learned that there was a letter from Mr. Cleek in Ms. Bonham's Greene County court file she called Bonham's attorney, Kyle Domain, and "attempted to convince Mr. Domain "that he did not see a letter but that in fact what he observed was the email she had received from Mr. Cleek."
Sanders then filed a motion to have Fite disqualified to handle Hall's new case. When Fite and Sanders met with Judge Moody to discuss the matter, Fite said Domain called her and opened her computer and read from her notes of the conversation. The notes did not mention the letter or email, but did note that Domain had called her.
Sanders withdrew her motion asking for a new prosecutor at that time, but called Domain and asked why he had misled her. "Mr. Domain informed Movants [Sanders] counsel at that time that Prosecutor Fite had been less than forthcoming to both counsel and Judge Moody."
Domain said he had talked with Fite twice that day and that he had made the initial phone call, "Domain maintained that regardless of whether it was in her notes or not that they did have a brief conversation regarding the email."
Domain says that during the second phone call Fite "attempted to persuade him that he had not seen a letter but that it was instead the email he had seen."
"Mr. Domain remains adamant that the letter was written on Christian County letterhead and was not an email."
Sanders also alleges that Christian County Assistant Prosecutor Donovan Dobbs testified during a Post Conviction Relief hearing that "he had an exparte [in this case it means both parties were present. i.e., Dobbs and Lisa Bonham, NOT an order of protection] meeting with witness Lisa Bonham" and that he did so knowing she was represented by an attorney.
Dobbs also testified that he filed a motion requesting that Bonham be released back to probation even though she had numerous probation violations and new felony charges pending in a neighboring county, according to court documents.
He admitted that the asking for those considerations was "not common for the Christian County Prosecutor's Office given the extensive criminal history and continuing violations" of someone like Bonham.
During the May 22nd motion hearing, Sanders asked to re-depose David Epperson. That motion was granted over the objection of prosecutor's.
Sanders also asked for a speedy trial this time around. That motion was also granted and a trial date of September 30, 2013, was set. Sanders says she will call Fite, Dobbs and former prosecutor Ron Cleek as witnesses.
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Christian County Prosecuting Attorney, Amy J. Fite presented the court with the testimony of Christian County Circuit Clerk Barbara Stillings, Christian County Sheriff's Captain Bryan Gillman, and Greg Fahrlander and Cindy Bates with Probation and Parole.
The state argued that Sanders did not file an appeal for Paula Hall in a timely matter. "They said we didn't file within the 90 days allowed by the state. The clerk's office [Taney County] held on to the paperwork for seven days following the ruling and didn't date stamp it. We proved that we filed it within the time allowed."
Other evidence Fite presented indicated that there was no pending probation violation at the time the Lisa Bonham testified. Additional evidence presented also showed that a violation report did not exist and the alleged discovery violation was likely the result of a simple scrivener’s error in the court record. "She [Bonham] was on a 120 day hold on a probation violation for Christian County and had an ongoing case that was not disclosed," said Sanders.
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| Former Christian County Prosecutor Ron Cleek |
In a recent motion filed in Taney County, where the case was moved on a change of venue, Sanders says she learned AFTER Hall's trial that former Christian County Prosecutor Ron Cleek had written a letter to Greene County Judge Tom Mountjoy BEFORE Hall's trial asking "that he grant her leniency on her Greene County cases due to her testifying in the Hall case."
Sanders alleges that letter was followed up by an email Cleek sent to the Greene County prosecutor's office five days after Hall's 2009 conviction. "The email was again asking that consideration be given to Bonham for her testimony."
Sanders wants a special prosecutor appointed to Hall's new case, if it does proceed to trial, because current Christian County Prosecutor Amy Fite was the prosecutor in Greene County who handled Bonham's cases.
When Fite responded to Cleek's email asking for leniency in Bonham's case she wrote, "her voluntary testimony was a mitigating fact and went into the concurrent offer."
In 2011, Judge John Moody overturned Hall's conviction. Fite filed a motion to reconsider and Moody temporarily vacated that order.
Sanders says when Fite learned that there was a letter from Mr. Cleek in Ms. Bonham's Greene County court file she called Bonham's attorney, Kyle Domain, and "attempted to convince Mr. Domain "that he did not see a letter but that in fact what he observed was the email she had received from Mr. Cleek."
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| Current Christian County Prosecutor Amy Fite |
Sanders then filed a motion to have Fite disqualified to handle Hall's new case. When Fite and Sanders met with Judge Moody to discuss the matter, Fite said Domain called her and opened her computer and read from her notes of the conversation. The notes did not mention the letter or email, but did note that Domain had called her.
Sanders withdrew her motion asking for a new prosecutor at that time, but called Domain and asked why he had misled her. "Mr. Domain informed Movants [Sanders] counsel at that time that Prosecutor Fite had been less than forthcoming to both counsel and Judge Moody."
Domain said he had talked with Fite twice that day and that he had made the initial phone call, "Domain maintained that regardless of whether it was in her notes or not that they did have a brief conversation regarding the email."
Domain says that during the second phone call Fite "attempted to persuade him that he had not seen a letter but that it was instead the email he had seen."
"Mr. Domain remains adamant that the letter was written on Christian County letterhead and was not an email."
Sanders also alleges that Christian County Assistant Prosecutor Donovan Dobbs testified during a Post Conviction Relief hearing that "he had an exparte [in this case it means both parties were present. i.e., Dobbs and Lisa Bonham, NOT an order of protection] meeting with witness Lisa Bonham" and that he did so knowing she was represented by an attorney.
Dobbs also testified that he filed a motion requesting that Bonham be released back to probation even though she had numerous probation violations and new felony charges pending in a neighboring county, according to court documents.
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| Donovan Dobbs |
He admitted that the asking for those considerations was "not common for the Christian County Prosecutor's Office given the extensive criminal history and continuing violations" of someone like Bonham.
During the May 22nd motion hearing, Sanders asked to re-depose David Epperson. That motion was granted over the objection of prosecutor's.
Sanders also asked for a speedy trial this time around. That motion was also granted and a trial date of September 30, 2013, was set. Sanders says she will call Fite, Dobbs and former prosecutor Ron Cleek as witnesses.
Sanders wants to know why Pettit hasn't been charged with Heyn's murder. "If it was my mother I would be screaming for justice."
At the time of Hall's sentencing, Sanders, who is representing Paula Hall pro bono (free) said she had lost faith in the jury system, "If not for her dating David Epperson, we might not be standing here."Hall has obtained her GED while in prison, according to Sanders. "I know Paula's innocent and I will never stop fighting for her. I look forward to trying a new trial for Paula....I won't lose this time!"
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