Neosho man ordered held without bond after probation revocation hearing

A Neosho man who was only recently released from prison after serving a six-year term for meth trafficking is back behind bars.

Judge David P. Rush ordered Jason L. Harper, 40, held without bond during a preliminary revocation hearing this afternoon in U. S. District Court in Springfield. Court records do not indicate what caused the government to initiate the probation revocation proceedings.

A federal grand jury indicted Harper on meth trafficking and weapons charges in 2015. He pleaded guilty the following year, was sentenced to 45 months on each charge to be followed by five years of supervised probation.

As a result of a plea bargain agreement, a meth possession charge and another weapons charge were dismissed.

Harper's sentence came in spite of five glowing letters of recommendation that were sent to the judge, which were described in the August 31, 2016 Turner Report:

Harper's attorney submitted five letters of recommendation to the judge for his client, including two from Carthage women, one from a LaRussell woman, and one from a 14-year-old girl.

The teenager described someone different from the felon described by the government in its grand jury indictment and at his detention hearing.

"When I was little, Jason helped me make bacon and watched Spongebob with us. I've known Jason since he was four. He's been there for me like forever. One time when I got mad, I ran outside without a jacket and without shoes. Jason came after me and gave me his jacket and gave me a piggy back ride home."

A Carthage woman wrote that Harper had been a babysitter for her three and four-year-old children "while I slept after working all night."

She added, "I introduced him to my mom and she adores him. And for that to happen, he has to be a good person, because she doesn't like many of my friends.

" The world needs more caring people like Jason."

The LaRussell woman offered the following assessment of Harper:

"Jason is a strong-willed individual who always strives to do the right thing by others. Some (of his) decisions weren't the best, (but) he always seems to learn from his mistakes and come out on top."

A Carthage grandmother wrote that Harper's biggest problem was his choice of friends:

"He hangs out with old friends who always seem to get him in trouble. He has a heart of gold and would help anyone who needs anything."

The federal grand jury indictment came as a result of Harper's arrest, along with Alicia Ulloa of Arkansas July 29, 2015, at 34th and Main in Joplin.

During the arrest, which came as a result of a long-term investigation by the Jasper and Newton County sheriff's offices, the Joplin Police Department, and the Ozark Area Drug Task Force, authorities caught Harper and Ulloa with a quarter pound of methamphetamine, more than $20,000 in cash, and a stolen gun.

Earlier that month, the Newton County Sheriff's Office had arrested Harper and two others at a Joplin home and charged him with felony possession of a controlled substance.

Former Joplin/Carthage/Neosho resident charged with double murder of McDonald County men

 

The Cherokee County Prosecuting Attorney filed two first degree murder charges today against Kyle Butts, 41, Independence, in connection with the November 28 murder of two McDonald County men.

Butts, who is a former resident of Joplin, Carthage and Neosho, according to online court records, is charged with killing Jeremy Murphy, 47, Anderson, and Craig Guinn, 59, Pineville. He also was cited for the attempted murder of Seth Guinn, 27, Pineville, and with interference with law enforcement. Seth Guinn is still listed in critical condition at Freeman West Hospital, Joplin.

Autopsies of Murphy and Guinn are scheduled for Thursday, according to a Cherokee County Sheriff's Office news release.

 

 

.

State auditor offers cybersecurity recommendations for local governments

(From State Auditor Nicole Galloway)

Local government agencies in Missouri can avoid common mistakes and take several steps to safeguard electronic data from hacking, theft and other disruptions according to a cybersecurity review published by Missouri Auditor Nicole Galloway. 

The Auditor today released her annual summary of the most common cybersecurity risks found by her audits of local governments and courts, along with recommendations those agencies can follow to better safeguard data.

"Government faces the same cybersecurity challenges as the private industry, except that it's taxpayer resources that are put in danger of being lost, misused or stolen when security controls are inadequate," Auditor Galloway said. "Public entities must be proactive and vigilant when it comes to cybersecurity."

The summary was compiled using local government and court audit reports issued between July 2021 and June 2022. Auditor Galloway's office has released similar reports since 2015. The most common cybersecurity issues found by the audits were:

Access - Former employees did not have their access removed promptly, and current employees had greater access to the computer system than what they needed to do their job.

Passwords - The audits found system administrators were not requiring users to change their passwords periodically, passwords were shared by users, passwords were not required to be complex enough, and passwords were not required at all.

Security controls - Computers were not set to lock after a certain period of inactivity or after a certain number of unsuccessful log-on attempts. Antivirus protection software was not installed on computer systems.

Backup and recovery - Data backups were not periodically made, stored at an off-site location, or periodically tested; one audit found that the local government did not have a plan in place to allow computer systems to be quickly restored in case of a disaster situation.

As part of each audit that found cybersecurity problems, Auditor Galloway made recommendations for the local governments to help protect electronic data. They include:

Ensure user access rights are limited to only what is necessary to perform job duties and responsibilities;

Ensure user access is promptly deleted following termination of employment;

Ensuring passwords are periodically changed, are adequate for security, and that unique accounts and passwords are required for access;

Ensure users understand the importance of maintaining the confidentiality of passwords;

Putting controls in place to lock computers after inactivity or unsuccessful log-on attempts;

Ensure computers and systems are adequately protected from computer viruses;

Ensure data is regularly backed up, stored in a secure off-site location, and tested on a regular basis; and
Develop a formal disaster recovery plan and periodically test and evaluate the plan.

The complete report on information security controls in Missouri local governments and courts is available here.

Ashcroft criticizes Blunt support for same-sex marriage

By Rudi Keller

Missouri Independent

Secretary of State Jay Ashcroft said Tuesday he is “flabbergasted” retiring Republican U.S. Sen. Roy Blunt supports a bill adding federal legal protections to same-sex marriages.

Ashcroft, a Republican considering a bid for governor in 2024, sent Blunt a letter Tuesday asking him to reverse his stance and work to block the Respect for Marriage Act from becoming law.

In the letter, Ashcroft noted that Missouri’s Constitution defines marriage as a union between a man and a woman and Blunt should honor the 70% of Missourians who voted to add that language to the constitution in 2004.

The provision was in effect until the 2015 U.S. Supreme Court decision legalizing same-sex marriages nationwide.

In an interview with The Independent, Ashcroft said he had tried to call Blunt to lobby him in opposition to the bill but had been unable to reach him, so he issued the letter. A vote is scheduled for Tuesday evening.

Blunt announced his support for the bill earlier this month after sponsors added provisions intended to protect religious institutions and organizations from lawsuits for refusing to provide services to same-sex couples.

“Frankly, I was flabbergasted that he would do this to the people of Missouri,” Ashcroft said. “It is not how he has run. It is not how he has portrayed himself. And it is not what the people of this state want.”

Blunt has voted three times this month – including a vote Monday evening – to move the bill past a filibuster. Sen. Josh Hawley, Missouri’s other Republican senator, has opposed the measure on all three votes.

In a statement issued Nov. 16, Blunt said he was comfortable with the religious liberty provisions of the act. The bill makes sure that every state recognizes marriages performed in other states, Blunt said, providing the same privileges and imposing the same responsibilities.

“And,” Blunt said, “this legislation enhances the religious freedom for all Americans by protecting religious organizations from retaliation by federal agencies due to their views on marriage. I believe it’s better for Congress to clarify these issues than for federal judges to make these decisions.”

Blunt will retire from politics when his term ends in January. Attorney General Eric Schmitt, a Republican elected to replace him, has not made any recent public statements about the act. His office did not immediately respond to a request for comment on Ashcroft’s letter.

Enactment of the Respect for Marriage Act will put protection of same-sex union into federal law and make it more difficult to overturn the 2015 decision in Obergefell v. Hodges. The possibility of the court reversing itself was raised this summer when the court issued a ruling overturning the 1973 Roe v. Wade decision that recognized a constitutional right to abortion.

In a concurring opinion in that case, Justice Clarence Thomas wrote that the court should reconsider its decision in Obergefell, as well as decisions recognizing the right of access to contraceptives and to engage in same-sex intercourse.

In the interview, Ashcroft would not say whether he wants or expects the Supreme Court to overturn the right to same-sex marriage. But if Thomas is correct, he said, the bill before the Senate is unconstitutional.

“If it is true that the court was wrong in Obergefell, what is the authority to pass this law?” Ashcroft said.

In his letter, Ashcroft raised the specter of an aggressive federal Justice Department suing individuals and institutions who refuse to perform same-sex marriages or provide services to same-sex couples based on religious beliefs.

“Specifically, RFMA runs afoul traditional principles of federalism, will embolden an already weaponized U.S. Department of Justice and is simply counter to Missourians’ overwhelming desire that marriage be between a man and a woman,” Ashcroft wrote.

Missouri House Democrats, in a tweet, accused Ashcroft of “bigotry” for opposing the federal bill.

“The Secretary of State views LGBT Missourians that want to consecrate their bond as undeserving of that right, a right he believes should belong exclusively to straight people,” the Democratic statement read.

If the act is needed, Ashcroft said, it should not be done in a lame-duck session after an election that changed party control of one chamber of Congress. He addressed the letter to Blunt, he said, because as a veteran lawmaker and member of the GOP leadership, he might find a late way to prevent a vote.

“I believed there were procedural maneuvers and he is better at those than I am,” Ashcroft said.

Ashcroft is the only Republican statewide elected official to make a public statement in advance of the vote.

The offices of Gov. Mike Parson, state Treasurer Scott Fitzpatrick and Lt. Gov. Mike Kehoe, like Schmitt’s office, did not respond to requests for comment. The social media feeds for their offices have no comments on the act since the Nov. 16 changes that won Blunt’s support.

Kehoe is an announced candidate to succeed Parson in 2024 and Ashcroft is considering a run.

Ashcroft declined Tuesday to say whether he will run.

“I am just doing my job and we will see what happens,” Ashcroft said.

(Photo by Tim Bommel/Missouri House Communications)

Filing for Joplin R-8 Board begins next week

(From Joplin Schools)

Joplin Schools encourages qualified applicants interested in running for a position on the School Board to file to be a candidate in the April 4, 2023, election. Interested people may file at Joplin Schools Administration Building, 825 S. Pearl. Ave, Joplin, MO.

Filing will begin on Tuesday, December 6, 2022, at 8:00 a.m. and will continue during the district's regular business hours, which are Monday through Friday from 8:00 a.m. to 4:30 p.m. Except for the first and last dates, candidate filing will not occur on days that the school district's offices are closed due to inclement weather. 

Filing will also not occur on the following dates when the school district's offices are closed:

Wednesday, December 21 through Monday, December 26, 2022. Candidate filing will resume at 8:00 a.m. on Tuesday, December 27, 2022, and close at 5:00 p.m. Tuesday, December 27, 2022, the last day for candidate filing.

Names of qualified candidates will be placed on the ballot in order of filing, except for candidates filing on the first day. The district will determine by random drawing the order in which the names of first day candidates will appear on the ballot.

 
There are three board positions available with a three-year term.

For more information contact Pat Waldo at 417-625-5200 ext. 2020, or patwaldo@joplinschools.org

Jay man sentenced to 24 years for murdering his mother

(From the U. S. Attorney for the Northern District of Oklahoma)

A Jay man was sentenced Tuesday in federal court for shooting and killing his mother and wounding a second family member.

“Christopher Weeley fatally shot his mother and seriously wounded a second family member at a home in Jay in 2021. My thoughts are with the family and the second victim as she continues her long-term recovery,” said U.S. Attorney Clint Johnson. 

“Weeley will serve 24 years in prison for the harm he has caused to his family. My office remains steadfast in its commitment to seek justice for victims affected by violence.”

“The outcome of this case is a direct result of the excellent partnership we have with the Delaware County Sheriff’s Office and the U.S. Attorney’s Office for the Northern District of Oklahoma,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Today’s sentence ensures Christopher Weeley will be brought to justice for his horrific crime and hopefully begins the healing process for his grieving family.”

U.S. District Judge Gregory K. Frizzell sentenced Christopher Leo Weeley, 42, to 24 years in federal prison followed by five years of supervised release.

During sentencing, Weeley, a long time drug user, apologized to his family although they were not in attendance. He told the court that he heard drugs did horrible things to families but didn’t think it would ever happen within his own family. He called the crimes a nightmare he couldn’t take back.

Assistant U.S. Attorney Ryan Roberts shared with the court that the surviving victim continues to receive treatment for her injuries. He further relayed that she could not bring herself to come to the hearing because she felt it would harm her emotionally at this time.

Weeley, at a previous hearing, pleaded guilty to second degree murder in Indian Country and assault with intent to commit murder in Indian Country.

Weeley admitted that on March 6, 2021, he killed his mother, Annie Marie Weeley, by shooting her with a firearm. He also admitted to shooting a second family member two times during the incident.

On March 6, 2021, a Delaware County Sheriff’s deputy was dispatched to a home in Jay. While en route, he received a radio call advising him there was a report of shots fired at the home with two possible victims. When he arrived at 11:17 pm, he found Mrs. Weeley wounded and unresponsive on the floor and a second family member on the couch with gunshot wounds to her stomach and lower back.

The two victims were transported to the hospital, where the mother was pronounced dead. The second victim underwent emergency surgery.

The FBI and Delaware County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Ryan M. Roberts is prosecuting the case.

Bill protecting same-sex marriage passes Senate 61-36, Blunt one of 12 Republican "yes" votes

The U. S. Senate passed a bill protecting same-sex and interracial marriages today by a 61-36 vote. The bill now goes to the House, which is expected to approve it and send it to President Biden for his signature.

Twelve Republicans voted for the measure, including retiring Sen. Roy Blunt, R-MO. Missouri's other senator, Josh Hawley, voted against the bill.

Blunt was also one of those who voted earlier against a filibuster that would have prevented a vote on the bill, if it kept the number voting for it below 60.

Missouri Supreme Court denies stay for Kevin Johnson execution

By Rebecca Rivas

Missouri Independent

The Missouri Supreme Court late Monday night refused to delay the execution of Kevin Johnson, a St. Louis man sentenced to die for a murder he committed when he was 19.

The execution of Johnson, who was convicted in 2007 of killing a police officer, will be carried out during the 24-hour period beginning at 6 p.m. Tuesday barring an extraordinary intervention.

(Photo- The Missouri Supreme Court building in Jefferson City- photo courtesy of FLICKR/David Shane, licensed under CC BY 2.0).

The Supreme Court held an expedited hearing Monday for oral arguments for two motions to stay Johnson’s execution, in order for a circuit judge to hold a hearing on alleged constitutional violations in his original trial.

In a 5-2 decision issued just before 10 p.m., the court ruled that the issues raised by Johnson’s attorneys had been considered in past appeals.

“This court has heard and rejected those claims before, however, and nothing asserted by the Special Prosecutor materially alters those claims or establishes any likelihood he would succeed on them if that case were to be remanded for a hearing as he claims it should be,” the ruling, which is not signed, stated.

A state law enacted last year gave prosecutors the authority to file motions to set aside convictions in cases where a person may be innocent or may have been erroneously convicted.

Once the motions are filed, judges are required by law to hold hearings to review the evidence.

While the majority opinion was not signed, Judge Patricia Breckenridge wrote in a dissent that the new law was unambiguous in requiring a hearing at the circuit court level, which was denied.

And Breckenridge wrote that special prosecutor Edward Keenan, who is seeking the hearing, has shown a likelihood of proving racial bias in the original decision to seek the death penalty.

“I would find that, on this claim, the special prosecutor has shown a probability that he will succeed in establishing a constitutional error that undermines confidence in the judgment,” Breckenridge wrote.

Keenan, who is the special prosecutor the St. Louis County Circuit Court appointed in October to review Johnson’s conviction, filed one of the two motions considered Monday.

“All parties can agree that the timing here is less than ideal, but we’re at where we’re at,” Keenan told the court.

Missouri Gov. Mike Parson issued a statement just after the hearing concluded, saying he will not grant clemency because Johnson’s case has been reviewed by both state and federal courts.

“The violent murder of any citizen, let alone a Missouri law enforcement officer, should be met only with the fullest punishment state law allows,” Parson stated.

During the hearing, Keenan said he found evidence of unconstitutional racial discrimination behind then-St. Louis County Prosecuting Attorney Robert McCulloch’s prosecution in Johnson’s 2007 trial, after reviewing more than 30,000 pages and contacting witnesses.

State law is “crystal clear,” Keenan argued, that he must be allowed to present this evidence before a judge at a hearing.

On Nov. 15, Keenan filed a motion to set aside Johnson’s judgment and hold a new trial.

Within 12 hours, St. Louis County Presiding Judge Mary Elizabeth Ott, who had appointed Keenan to review the case, denied the motion without holding a hearing. With only six working days before Johnson’s execution, Ott said the motion put the court in “untenable position.”

State law requires a hearing, Ott wrote in a Nov. 19 order, but the court “is also aware of the requirement that sufficient time for all parties to prepare and present evidence at such hearing is essential to its proper function.”

Both Keenan and Johnson’s attorneys then filed motions to stay the execution, in order to allow the St. Louis County Court time to hold an evidentiary hearing.

“The special prosecutor represents the state,” said Joseph Luby, Johnson’s attorney, at the Monday hearing. “And at the very least, the special prosecutor’s acknowledgement of racial bias needs to be fully aired at an evidentiary hearing, and that cannot happen if the state is allowed to kill Mr. Johnson tomorrow.”

A hearing will also allow Keenan to depose McCulloch, who has not cooperated with Keenan’s investigation, Luby said.

The attorney general’s office argued Monday the Missouri Supreme Court should continue with Johnson’s scheduled execution.








“It’s a matter of undisputed fact that Kevin Johnson is guilty of first-degree murder and a fair jury determined he deserved death penalty,” said Andrew Crane, who represented the attorney general’s office. “And the rest of what we’re talking about is just the special prosecutor’s complaints about the way Bob McCulloch charged cases.”

The court majority agreed.

“Here, there is nothing in the special prosecutor’s motion to vacate Johnson’s conviction showing directly that any charging decision with respect to Johnson was motivated by racial animus,” the opinion states.

When Johnson was 19, he was charged with first degree murder for the killing of Sgt. William McEntee of the Kirkwood Police Department on July 5, 2005. The first trial ended when the jury deadlocked 10-2 in favor of a conviction on the lesser offense of second degree murder. However, a second jury convicted Johnson of first degree murder and sentenced him to death in 2007.

Johnson admitted to killing McEntee, who Johnson believed had been involved in the death of his then 12-year-old brother.

Johnson has been denied relief at every available avenue, including previous proceedings before the Missouri Supreme Court. Crane argued the new state law was not intended to allow a circuit court judge to overturn claims of racial bias that the state’s highest court had already ruled on.

However, Keenan said there have been U.S. Supreme Court rulings since the state court reviewed Johnson’s claims that may change the outcome – including a 2019 ruling that a prosecutor’s behavior in other cases “both may and must be considered.”

On Dec. 1, 2021, Johnson asked St. Louis County Prosecuting Attorney Wesley Bell’s Conviction and Incident Review Unit, which reviews potential wrongful convictions cases, to look into possible discrimination in his case.

Johnson’s former defender is now part of Bell’s conviction review unit, creating a conflict of interest, so they asked the court to appoint a special prosecutor.

Of the five police-officer killings McCulloch prosecuted during his tenure, Keenan found that McCulloch pursued the death penalty against four Black defendants but not against the one white defendant, Trenton Forster.

Keenan also discovered an “incriminating memorandum” from the trial team’s materials, showing the prosecutors strategized in advance of the trial on ways to get Black jurors stricken by the trial judge.

Crane said Monday that the memo “tells us nothing” about what was going on in McCulloch’s mind and doesn’t change anything about Johnson’s previous appellate claims.

Crane also argued the state law doesn’t require Johnson to get a hearing before he dies.

“The fact of the matter is that cases can be pending while an execution proceeds,” Crane said. “And the prosecutor, even if he had the right to bring a motion — which I don’t think anyone disputes here — that doesn’t entitle him to a stay of execution. A stay of execution is an extraordinary remedy.”

DESE awards grants to Carthage, Crowder, Lamar technical centers

(From Gov. Mike Parson)

The Department of Elementary and Secondary Education (DESE) has awarded several Missouri Career and Technical Education (CTE) programs with grant dollars to further support the important work that these programs do to ensure all Missouri students are prepared for success upon graduation and further contribute to developing Missouri’s workforce.

"Career and technical education is critical to our workforce development goals here in the State of Missouri," Governor Parson said. "Every day the necessity for a post secondary degree, trade, or industry recognized credential is growing for good-paying jobs across the state, and we want to support Missourians as they seek to learn new skills, especially in our career and technical education programs."

 

Missouri’s Area Career Center Opportunity (MACCO) Grant provides funding to enhance the state’s CTE capacity by providing more opportunities for CTE students while updating and modernizing career centers’ infrastructure and equipment.

MACCO is funded through the American Rescue Plan Act (APRA) and was included in Governor Parson's Fiscal Year 2023 budget proposal to the General Assembly. MACCO grants local education agencies (LEAs) up to $400,000 for the following purposes:Create new high-demand and emerging programs
Construct a new area career center building
Renovate or build an addition to an existing area career center
Update or expand current CTE programs
Improve infrastructure for safety and equipment needs
Upgrade equipment and instructional technology

The grant’s funds must be used to enhance or extend area career centers’ capacities to increase students’ knowledge and skills needed to gain employment in current or emerging fields, continue their education, or re-train for new business and industry opportunities. The grant required LEAs to submit an application and match 25 percent of the awarded MACCO funds.

Grant recipients and award totals are as follows:

Arcadia Valley Career Center, Ironton, $400,000.00

Boonslick Technical Education Center, Boonville, $400,000.00

Cape Girardeau Career & Technology Center, Cape Girardeau, $400,000.00

Career and Technology Center at Fort Osage, Independence, $400,000.00

Carrollton Area Career Center, Carrollton, $400,000.00

Carthage Technical Center, Carthage, $400,000.00

Cass Career Center, Harrisonville, $385,500.00

Clinton Technical School, Clinton, $400,000.00

Columbia Area Career Center, Columbia, $400,000.00

Crowder College Technical Education Center, Neosho, $400,000.00

Current River Career Center, Doniphan, $400,000.00

Dallas County Technical Center, Buffalo, $400,000.00

Davis H. Hart Career Center, Mexico, $234,000.00

Eldon Career Center, Eldon, $400,000.00

Excelsior Springs Area Career Center, Excelsior Springs, $400,000.00

Four Rivers Career Center, Washington, $400,000.00

Franklin Technology Center, Joplin, $400,000.00

Gibson Technical Center, Reeds Spring, $400,000.00

Grand River Technical School, Chillicothe, $400,000.00

Herndon Career Center, Raytown, $400,000.00

Hillyard Technical Center, St. Joseph, $400,000.00

Jefferson College - Area Technical School, Hillsboro, $400,000.00

Kennett Career and Technology Center, Kennett, $400,000.00

Kirksville Area Technical Center, Kirksville, $400,000.00

Lake Career and Technical Center, Camdenton, $400,000.00

Lamar Career & Technical Center, Lamar, $323,500.00

Lebanon Technology and Career Center, Lebanon, $400,000.00

Lewis & Clark Career Center, St. Charles, $400,000.00

Lex La-Ray Technical Center, Lexington, $400,000.00

Linn County Area Career and Technical Center, Brookfield, $400,000.00

Manual Career and Technical Center, Kansas City, $400,000.00

Miller Career Academy, St. Louis, $400,000.00

Nevada Regional Technical Center, Nevada, $400,000.00

New Madrid County R-I Technical Skills Center, New Madrid, $400,000.00

Nichols Career Center, Jefferson City, $400,000.00

Northwest Technical School, Maryville, $400,000.00

OTC Career Center, Springfield, $400,000.00

Ozark Mountain Technical Center, Mountain Grove, $400,000.00

Pemiscot County Career and Technology Center, Hayti, $400,000.00

Perryville Area Career and Technology Center, Perryville, $400,000.00

Pike-Lincoln Technical Center, Eolia, $400,000.00

Poplar Bluff Technical Career Center, Poplar Bluff, $400,000.00

Rolla Technical Center/Rolla Technical Institute, Rolla, $400,000.00

Scott Regional Technology Center, Monett, $400,000.00

Sikeston Career & Technology Center, Sikeston, $400,000.00

South Central Career Center, West Plains, $150,000.00

Special School District St. Louis County, Town & Country, $400,000.00

State Fair Career & Technology Center, Sedalia, $400,000.00

UniTec Career Center, Bonne Terre, $400,000.00

Warrensburg Area Career Center, Warrensburg, $400,000.00

Waynesville Career Center, Waynesville, $400,000.00

Springfield City Council votes to rename Midfield Terminal after Sen. Roy Blunt

(From the City of Springfield)

City C)ouncil approved a measure to rename the Midfield Terminal at Springfield-Branson National Airport to the Roy Blunt Terminal, in honor of U.S. Senator Roy Blunt. The airport will remain named Springfield-Branson National Airport and the call letters, SGF.

The people of southwest Missouri overwhelmingly elected Senator Blunt seven times to the U.S. House of Representatives. Senator Blunt was elected the Majority Whip earlier in his career than any Member of Congress in eight decades, and he was elected to the Senate leadership during his first year in the Senate. 

Before serving in Congress, he was a history teacher, a Greene County official, and in 1984 became the first Republican elected as Missouri’s Secretary of State in more than 50 years. Senator Blunt also served four years as the president of Southwest Baptist University, his alma mater, in Bolivar, Missouri. Senator Blunt earned an M.A. in history from Missouri State University.

“Senator Blunt has a long legacy of outstanding public service that has benefitted the community greatly,” said Mayor Ken McClure. “Throughout his long political career, he has been a strong advocate for investment in and improvement to our nation’s transportation infrastructure; especially in interstate highways, public transit systems, freight rail, and airports. He has always fought for this region, and his ability to secure funding on everything from roadways to mental health treatment to innovation and entrepreneurship, just to name a few, will be a part of his legacy.”

The SGF Airport has received several federal grants to construct, maintain, or improve critical airfield infrastructure, including runways, taxiways, and apron areas, thanks to help from Senator Blunt.

“Senator Blunt was instrumental in securing federal funding and helping to overcome obstacles during the development of SGF’s Midfield Terminal that opened on May 6, 2009. This modern 275,000 square foot facility with 10 airline gates is a showpiece for Springfield and will continue to serve the air transportation needs of our region for decades to come,” said Brian Weiler, Director of Aviation. “He has actively supported key airport economic development projects, such as advocating with American Airlines to establish a state-of-the-art airline maintenance facility that opened in December 2021, and most recently helping to secure funding to help build a new aircraft mechanic training facility with Ozarks Technical Community College expected to open in late 2024.”

Senator Blunt has served in several leadership positions on a variety of legislative committees. While in these roles, he regularly sought out and strongly considered input from local officials that gave southwest Missouri a voice during the development of national policy. For example, while serving a Chair of the Senate Commerce Subcommittee on Aviation, he had the SGF Director of Aviation travel to Washington DC to testify at a hearing on TSA Modernization and Improvements to Aviation security. He also worked to maintain operations funding for SGF’s 24-hour Air Traffic Control Tower.

He has actively supported key airport economic development projects, such as advocating with American Airlines to establish a state-of-the-art airline maintenance facility that opened in December 2021, which will help ensure quality airline service for our regions for decades to come. He also just recently helped secure funding to help build a new aircraft mechanic training facility with Ozarks Technical Community College at SGF that is expected to open in late 2024.

“Senator Blunt is an inspiration,” McClure went on. “Born in the small town of Niangua and grew up on a dairy farm, Roy Blunt is a fifth generation Missourian who was the first in his family to graduate from college. Roy Blunt worked tirelessly to represent and advance issues for Southwest Missouri, including at the Springfield-Branson National Airport (SGF). This is a fitting honor for this kind and generous statesman.”

A public ceremony to celebrate the name change is planned for Dec. 16, 2022. The cost for signage and a plaque to commemorate the occasion is being covered by private donations.

Missouri Supreme Court mulls motions to stay Kevin Johnson execution

By Rebecca Rivas

 Missouri Independent

The Missouri Supreme Court is expected to decide soon whether or not to delay the execution of Kevin Johnson, a St. Louis man sentenced to die for a murder he committed when he was 19.

The execution of Johnson, who was convicted in 2007 of killing a police officer, is scheduled to be carried out during the 24-hour period beginning at 6 p.m. Tuesday.


(Photo- The Missouri Supreme Court building in Jefferson City- photo courtesy of FLICKR/David Shane, licensed under CC BY 2.0)

The Supreme Court held an expedited hearing Monday to hear oral arguments for two motions to stay Johnson’s execution, in order to hold a hearing on alleged constitutional violations in his original trial.

One of the motions came from Edward Keenan, who is the special prosecutor the St. Louis County Circuit Court appointed in October to review Johnson’s conviction.

“All parties can agree that the timing here is less than ideal, but we’re at where we’re at,” Keenan told the Supreme Court judges Monday.

Missouri Gov. Mike Parson issued a statement just after the hearing concluded, saying he will not grant clemency because Johnson’s case has been reviewed by both state and federal courts.

“The violent murder of any citizen, let alone a Missouri law enforcement officer, should be met only with the fullest punishment state law allows,” Parson stated.

During the hearing, Keenan said he found evidence of unconstitutional racial discrimination behind then-St. Louis County Prosecuting Attorney Robert McCulloch’s prosecution in Johnson’s 2007 trial, after reviewing more than 30,000 pages and contacting witnesses.

State law is “crystal clear,” Keenan argued, that he must be allowed to present this evidence before a judge at a hearing.

A state law enacted last year gave prosecutors the authority to file motions to set aside convictions in cases where a person may be innocent or may have been erroneously convicted.

Once the motions are filed, judges are required by law to hold hearings to review the evidence.

On Nov. 15, Keenan filed a motion to set aside Johnson’s judgment and hold a new trial.

Within 12 hours, St. Louis County Presiding Judge Mary Elizabeth Ott, who had appointed Keenan to review the case, denied the motion without holding a hearing. With only six working days before Johnson’s execution, Ott said the motion put the court in “untenable position.”

State law requires a hearing, Ott wrote in a Nov. 19 order, but the court “is also aware of the requirement that sufficient time for all parties to prepare and present evidence at such hearing is essential to its proper function.”

Both Keenan and Johnson’s attorneys then filed motions to stay the execution, in order to allow the St. Louis County Court time to hold an evidentiary hearing.

“The special prosecutor represents the state,” said Joseph Luby, Johnson’s attorney, at the Monday hearing. “And at the very least, the special prosecutor’s acknowledgement of racial bias needs to be fully aired at an evidentiary hearing, and that cannot happen if the state is allowed to kill Mr. Johnson tomorrow.”

A hearing will also allow Keenan to depose McCulloch, who has not cooperated with Keenan’s investigation, Luby said.

The attorney general’s office argued Monday the Missouri Supreme Court should continue with Johnson’s scheduled execution.

“It’s a matter of undisputed fact that Kevin Johnson is guilty of first-degree murder and a fair jury determined he deserved death penalty,” said Andrew Crane, who represented the attorney general’s office. “And the rest of what we’re talking about is just the special prosecutor’s complaints about the way Bob McCulloch charged cases.”

When Johnson was 19, he was charged with first degree murder for the killing of Sgt. William McEntee of the Kirkwood Police Department on July 5, 2005. The first trial ended when the jury deadlocked 10-2 in favor of a conviction on the lesser offense of second degree murder. However, a second jury convicted Johnson of first degree murder and sentenced him to death in 2007.

Johnson admitted to killing McEntee, who Johnson believed had been involved in the death of his then 12-year-old brother.

Johnson has been denied relief at every available avenue, including previous proceedings before the Missouri Supreme Court. Crane argued the new state law was not intended to allow a circuit court judge to overturn claims of racial bias that the state’s highest court had already ruled on.

However, Keenan said there have been U.S. Supreme Court rulings since the state court reviewed Johnson’s claims that may change the outcome – including a 2019 ruling that a prosecutor’s behavior in other cases “both may and must be considered.”

On Dec. 1, 2021, Johnson asked St. Louis County Prosecuting Attorney Wesley Bell’s Conviction and Incident Review Unit, which reviews potential wrongful convictions cases, to look into possible discrimination in his case.

Johnson’s former defender is now part of Bell’s conviction review unit, creating a conflict of interest, so they asked the court to appoint a special prosecutor.

Of the five police-officer killings McCulloch prosecuted during his tenure, Kennan found that McCulloch pursued the death penalty against four Black defendants but not against the one white defendant, Trenton Forster.

Keenan also discovered an “incriminating memorandum” from the trial team’s materials, showing the prosecutors strategized in advance of the trial on ways to get Black jurors stricken by the trial judge.

Crane said Monday that the memo “tells us nothing” about what was going on in McCulloch’s mind and doesn’t change anything about Johnson’s previous appellate claims.

Crane also argued the state law doesn’t require Johnson to get a hearing before he dies.

“The fact of the matter is that cases can be pending while an execution proceeds,” Crane said. “And the prosecutor, even if he had the right to bring a motion — which I don’t think anyone disputes here — that doesn’t entitle him to a stay of execution. A stay of execution is an extraordinary remedy.”

Missouri state budget is bulging with $6 billion in surplus cash

By Rudi Keller

Missouri Independent

For the first time in its history, the only real limit on what Missouri can buy on a cash-and-carry basis is the imagination of the people spending the money.

The state treasury is bulging with more than $6 billion in surplus cash, the result of 28 months of double-digit revenue growth and federal payments tied to COVID-19 relief and recovery. If growth rates continue at current levels, general revenue in the current fiscal year could approach $15 billion.

(Photo- Sen. Lincoln Hough, R-Springfield, presents the Senate-passed tax cut bill to the House Budget Committee in September 2022 during a special session- Tim Bommel/Missouri House Communications).

Three years ago, the general revenue fund took in $8.9 billion.

Some foresee a slowdown starting next year, as inflation-fighting policies slow the economy and the state sees the actual impact of recent tax cuts. Lawmakers and Gov. Mike Parson’s administration are trying to account for those uncertainties as they negotiate the budget baseline for the coming legislative session, said Sen. Lincoln Hought, R-Springfield.

“It is almost kind of a wait and see game,” said Hough, who is expected to chair the Senate Appropriations Committee next year.

But the large surplus promises to smooth any downturn while also allowing for new spending initiatives.

The first priority should be state agencies at or near a crisis due to staff shortages and turnover, said state Rep. Peter Merideth, D-St. Louis.

Merideth is the ranking Democrat on the House Budget Committee.

The Independent has documented staff turnover in the Children’s Division at nearly 50%, with children in foster care missing visits with parents and rushed abuse investigations. There are hundreds of people waiting for beds in Department of Mental Health facilities due to a lack of staff.

To maintain minimum staffing, the mental health department uses expensive contract professionals. To cover the cost, the department is asking for a $22 million supplemental appropriation through June 30.

Those agencies need targeted spending to recruit staff, Merideth said. And state employees generally need a raise, he said.

“I think we need a very large investment and an increase in investment in what our state workers are paid, especially those state workers that take care of our most vulnerable,” Merideth said.

Last year, at the urging of Parson, lawmakers gave state employees the largest pay raise in decades, at least 5.5% for everyone on the state payroll, and approved a new base wage of $15 an hour for state jobs.

 

State agencies have submitted their budget requests for the coming fiscal year, and the next step in crafting the state budget is an estimate of revenues. Jim Moody, a lobbyist and former state budget director under Republican Gov. John Ashcroft, said he expects recession and tax cuts to start slowing state revenue in the second quarter of 2023.

“It is hard for me to imagine that in that quarter, it is going to keep pace with last year,” Moody said.

Revenue buoyance

From 2016 to 2019, state revenues grew at a steady, if unspectacular, rate.

Income tax and sales tax receipts mirrored inflation and grew about 6.5%. As profits increased, corporate income tax receipts rose at double the inflation rate.

In the three years since, sales tax revenue has grown 50% faster than inflation, income tax receipts at double inflation and corporate income taxes at almost five times the inflation rate.

Whether the current rush of revenue is high tide or a new base level will play out over the next couple of years.

The top income tax rate will fall to 4.95% for 2023. Triggered steps in earlier cuts will reduce taxes on many businesses.

Moody estimates the cumulative effect of those cuts will be to reduce revenue by about $680 million in 2023.

By the time those cuts are taking hold, he said, the inflation-fighting interest rate hikes engineered by the Federal Reserve will be slowing economic growth.

The economic slowdown, if one is coming, will be felt in the first half of next year, Moody predicted.

“By April through June of next year,” he said, “you could have a confluence of things that turn things pretty quickly.”

So far, the only noticeable impact of interest rate hikes on state government has been to increase the surplus. General revenue interest earnings, $50 million so far this fiscal year, are more than double the earnings for all of fiscal 2022.

Tax receipts are rising faster than inflation through a combination of factors. Sales tax has been augmented by more revenue from internet retailers, while consumers are spending from savings and taking on large amounts of new debt.

Income tax receipts reflect rising wages and investment gains. The state minimum wage, $11.15 an hour, is up 42% since 2018, or $7,000 more a year for full-time work.

When the state set $15 an hour as a floor for its employees, large private employers near state facilities in central Missouri responded by boosting their starting pay.

The Dollar General warehouse in Fulton, where the state operates a prison, a mental health hospital and the Missouri School for the Deaf, is now offering $20.50 an hour, up from $17 at the start of the year.

The decline in revenue due to tax cuts is predictable. The impact of a recession is uncertain.

In the mildest recession of the past 30 years, state revenues continued to grow. In the worst, starting in 2008, revenues declined for three consecutive years and took five more years to recover to pre-recession levels.

When lawmakers met in special session to cut taxes, Hough negotiated higher thresholds for revenue growth to trigger future cuts.

“We will see very quickly what kind of impact that really has,” Hough said. “The unknown is, where does this economy go?”

Spending demands

This year’s $49 billion state budget, passed by lawmakers in May, is the state’s largest in history.

While state budgets generally grow from year to year, two items totaling more than $5 billion were new. The largest, at $2.9 billion, was a one-time appropriation of federal COVID-19 recovery funds.

Much of the money will be used in local projects. Recipients for one big piece, $410 million in grants to improve local water systems, were announced Thursday.

The second is the continuing expense for expanding Medicaid to cover lower-income adults from 18 to 64. The program budget was set at $2.5 billion this year, with no general revenue needed to cover the state’s 10% share.

In the coming year, the Department of Social Services anticipates the cost of Medicaid expansion will increase by $373 million, again without needing general revenue for the state share.

Public education gets the biggest portion of general revenue. Funding through the foundation formula, which is the main source of state support, has been stagnant for several years.

But public schools got a boost they didn’t expect when lawmakers included $214 million to cover the full state obligation for student transportation. It was the first time since 1991 that the state had paid its full share.

The one-time extra cash has helped but the state needs to address public education’s staffing challenge, said Melissa Randol, executive director of the Missouri School Boards Association.

“We have a crisis in Missouri with our salaries impacting our teaching workforce,” Randol said. “We need more than just one-year commitments without the ability to sustain that long-term.”

Missouri ranks 47th in average teacher pay and second-to-last in the nation in starting salaries at $33,234.

 

Lawmakers also funded a program proposed by Parson to help districts boost minimum teacher pay to $38,000 and resumed state funding for the Career Ladder program, which helps districts pay more for teachers with advanced education.

In its budget request for next year, the Department of Elementary and Secondary Education is seeking funds to implement some recommendations of the Teacher Recruitment and Retention Blue Ribbon Commission.

The commission recommended changing state law to set the minimum at $38,000 a year, estimating the cost at $29.5 million per year. Increasing the average teacher pay by $1,000, the commission estimated, would cost $81 million.

In its budget request for 2023, the department asked for the minimum pay funding but not the money to raise average salaries.

The biggest new item in the education budget is $77 million for increasing foundation formula payments to charter schools under a law passed this year. The department has also asked for $233 million to continue fully funding transportation, up $19 million, and $31.8 million to expand the Career Ladder program.

Hough and Merideth said they expect bipartisan support for continuing full transportation funding and for the requests stemming from the task force report.

But Merideth said he’s skeptical how far lawmakers will go to put money into education or other needs.

“I am not going to take for granted we have a huge surplus until we are doing the things our state needs to do,” Merideth said.

And Randol said she’s waiting to see the money in a spending bill.

“My grandfather said, ‘don’t tell me what your priorities are, show me your checkbook and I will know what your priorities are.’”

Parson: State will carry out execution of Kevin Johnson

(From Gov. Mike Parson)

Today, Governor Mike Parson confirmed that the State of Missouri will carry out the sentence of Mr. Kevin Johnson on Tuesday, November 29, 2022, as ordered by the Supreme Court of Missouri.

"Mr. Johnson has received every protection afforded by the Missouri and United States Constitutions, and Mr. Johnson’s conviction and sentence remain for his horrendous and callous crime. The State of Missouri will carry out Mr. Johnson’s sentence according to the Court's order and deliver justice," Governor Parson said. 

"The violent murder of any citizen, let alone a Missouri law enforcement officer, should be met only with the fullest punishment state law allows. Through Mr. Johnson's own heinous actions, he stole the life of Sergeant McEntee and left a family grieving, a wife widowed, and children fatherless. Clemency will not be granted."

Mr. Johnson ambushed and shot Sergeant Bill McEntee while he responded to a call in Johnson’s neighborhood. Even though Sergeant McEntee survived the first five shots, Mr. Johnson approached Sergeant McEntee and executed him with two more shots to the head while he was crawling on his hands and knees out of his wrecked squad car. There is not and never has been any doubt about Mr. Johnson’s guilt. Nor has Mr. Johnson’s conviction or sentence ever been reversed on appeal. Mr. Johnson’s case has been reviewed in the state trial court, Missouri Supreme Court, federal district court, Eighth Circuit Court of Appeals, and United States Supreme Court.

Auditor: Missouri has received $11.4 billion in COVID-19 stimulus funds

(From State Auditor Nicole Galloway)

The latest monthly reports from State Auditor Nicole Galloway detailing state government's use of federal stimulus dollars intended for the COVID-19 response shows Missouri received $11.4 billion between April 2020 and September 2022. 

As the state's financial watchdog, the State Auditor's Office has issued the reports since June 2020 examining Missouri government's distribution and spending of funding received under the federal CARES Act, American Rescue Plan and other federal assistance programs.

The most recent reports show Missouri's spending of federal assistance for the months of July, August, and September 2022, as well as the cumulative expenditures since the state began receiving funding in April 2020. Through the end of September 2022, the state has spent $6.3 billion in funding made available by the CARES Act and other federal programs, and $2.08 billion in American Rescue Plan funds.

A significant portion of expenditures to date are for services through the state's Medicaid program (MO HealthNet) and other programs receiving federal matching funds. Under the Families First Coronavirus Response Act, the federal government increased its percentage share of the cost of the state's Medicaid program. 

The American Rescue Plan also offered Missouri a temporary increase in the federal funds matching rate in exchange for the state's Medicaid expansion. As of September 30, 2022, the increased cost share for the federal government has totaled over $1.98 billion in additional federal funding for Medicaid in Missouri.

Other funding has been provided to local governments, schools, institutions of higher education, child care providers, long-term care facilities and developmental disabilities waiver providers. Funds have also been used for mental health services, purchase of personal protective equipment, virus testing, contact tracing, vaccine preparedness and access, workforce development, economic development programs for small businesses, COVID-19 dedicated personnel costs, emergency rental assistance and other disaster relief purposes.

In addition to the monthly report examining the state's spending, the Auditor's Office also has an online tool to give Missourians a detailed look at expenditures. The COVID-19 Response page tracks not only how much is received and expended in relief funds, but also lists which state and local government departments, vendors and expense categories are receiving the most funding. The information on the website provides data on expenditures and is updated regularly.

Auditor Galloway's efforts are similar to work performed by the previous State Auditor's administration, which reviewed the state's use of funds received through the American Recovery and Reinvestment Act of 2009. Under Article IV, Section 13 of the Missouri Constitution, the State Auditor has a duty to ensure the accuracy of the state's accounting of its spending.

A copy of the report on Missouri spending of federal CARES Act assistance in July 2022 can be found here, for August 2022 here, and September 2022 here. Reports are here for American Rescue Plan spending for July 2022, August 2022, and September 2022

House Minority Leader: New attorney general must end Schmitt's crackpot lawsuits

By Crystal Quade, D-Springfield

House Minority Leader

For four years, Eric Schmitt used the attorney general's office as a taxpayer-funded arm of his political campaigns, wasting public money on crackpot lawsuits that advanced his political career while tarnishing the reputation of our state.

Upon taking over in January, Attorney General-designee Andrew Bailey must immediately move to dismiss every one of Schmitt's frivolous lawsuits that hasn't already been laughed out of court. 

This is an essential step to restoring the integrity of the office and demonstrating that, for the first time in years, Missouri has an attorney general who will put the legal interests of all Missourians ahead of the political ambitions of one.

We are hopeful Mr. Bailey can succeed in the immense task that awaits him.