Lawyer: Sarcoxie Board member staying in jail is a burden for me

The most powerful criminal defense firm in Springfield is representing Sarcoxie Board of Education member John Lewis as he faces child pornography charges and in documents filed today in U. S. District Court for the Western District of Missouri, he explained why his client should be freed on bond.


"(I) will have great difficulty and be burdened by having to confer with (my)
client in custody at a county jail."

Attorney Joseph Passanise, the law partner of Dee Wampler, offered other reasons why the judge should reconsider his decision to have Lewis held without bond as he awaits trial.

He says there is no evidence that Lewis would threaten a witness or think of leaving the jurisdiction. It also notes the lack of severity of the crime and points out that Lewis is innocent until proven guilty.

Court documents indicate that both Passanise and Wampler are listed as attorneys of record. They replace Daniel Whitworth of Joplin.

In his ruling keeping Lewis behind bars, Judge David Rush noted that Lewis had photos of naked local youth on his computer.  The order included the following;

Regarding the potential for failure to appear, the defendant is a seasoned world-traveler who has visited approximately 30 foreign countries. He currently holds a passport, which he told the interviewing Pretrial Services Officer was stolen, then told the Court it was misplaced. More tellingly, the defendant recently applied for a new passport. Moreover, the defendant has substantial financial resources that could be put toward travel; his estate is worth approximately $2.2 million. The defendant also lacks significant family ties in the area. He was an only child, and his parents are deceased. He reported to the Pretrial Services Officer that he is not close to any of his extended family members. He is retired and thus lacks steady employment.

Regarding potential danger to the community, the Court notes that evidence was presented that the defendant exposed himself to a two sixteen-year-old boys who worked on his farm, and that the defendant possessed photographs of unclothed young men from the area, who may not have been above the age of consent at the time the photos were taken. Furthermore, the defendant is known to possess a significant number of firearms.

Based on all the foregoing, the Court finds by a preponderance of the evidence that the defendant is a risk of flight, and finds by clear and convincing evidence that the defendant is a danger to the community.

 The accusations against Lewis can be found in the affidavit at this link.

Lewis is charged with receiving and possessing child pornography.