Jasper County Circuit Court Judge Gayle Crane gave the prosecution 10 days to provide the attorney for former Carthage Parks Director Mark Peterson with a bill of particulars describing exactly what money Peterson is accused of stealing from the city.
The order was given during a hearing Monday in which the prosecution was represented by Assistant Attorney General Lauren Welborn who is assisting the Jasper County Prosecuting Attorney's office and Peterson was represented by Joplin attorney Brian Glades. Peterson was not required to attend the hearing.
In his motion for a bill of particular, which was filed May 20, Glades said the charges against his client, three counts of stealing and two counts of money laundering, were "vague" and that the prosecution has yet to explain why the money it claims Peterson stole was city money and not Peterson's.
The next hearing in the case is scheduled for 9 a.m. October 7.
15 comments:
The defense is stalling again. Big surprise.
If it was his income, shouldn’t it be claimed on his tax return? And if not, wouldn’t that be tax evasion?
Mark Peterson - Got caught Stealing from the Cookie Jar, External Auditors have proven that the Money was Missing and Never Deposited into the Cities Bank Account, and that Mark Peterson, setup Multiple Phony Bank Accounts to Hide and Deposit the Money Into - and Yes, he Never Declared the Income, Never Paid Taxes on it, and was Never Given a W2 or 1099, from City of Carthage, He has No Magic Contract stating he was to Receive the Money either - if he did this legal matter would have been dropped.
Brian Glades, is doing what Phil Glades always did - keep Continuing the Case, Filing and Asking for Additional known Documents - Stalling so they can try to wear down the Prosecuting Attorney's Office into Settling the Case - and for his Client to come up with some Money to Help Pay Back and offer some type of Settlement for his Theft.
It appears that Mr Glades filed a bill of particulars. Very common process that takes place in a substantial number of court cases. It is a common filing that most attorneys use to help clarify the charges leveled against their client. If it had no merit the impartial judge would have ruled against it immediately. In this case the judge asked the prosecutor to provide more clear information within 10 days. For those “experts” chiming in on this, you might serve us all better by remaining silent on the court structure and process that you know nothing about. Stick to what you know. Try to help society instead of tearing it down by continually painting a picture of guilt before it has been determined. Just take a deep breath and allow the process to take its course. From the passionate delivery you present, it clearly looks like you have a very personal stance with this by foolishly displaying your emotions in a way that proves you don’t really understand the legal process. Everyone deserves their day in court. Right or wrong will be determined. The judge clearly believes the prosecutor should better define this and they will probably do a great job. Then, the next step will be taken. Be patient. Your personal interest and your intelligence is showing.
It is better to remain silent and be thought a fool than to speak and to remove all doubt.
I’m not sure why questioning whether or not he declared or paid taxes on income is a questioning the legal process?
9:56AM - Not Declaring Income or any type of Unreported Income in any Form is illegal. If he has nothing to hide and he earned the $142,000 Legally - why not Declare it, why not Report it and Pay your Legal Taxes on it? This is what Criminals Do, try to hide their illegal activity. Mark Peterson has been around the block; he knows what he did. This has nothing to do with the Legal Process, what it has to do with is a continual process of Stealing $142,000, Hiding it, and trying not to get Caught. (Of Course, Innocent till Proven Guilty). This is Tax Fraud - and the IRS should File their own Case against Mark Peterson, whether he Wins or Loses his Case on these Stolen Funds.
Again, he has - No W2 or 1099 from the City of Carthage for these Funds, No Contract stating that he was to be given the Proceeds of any City Golf Tournaments or Profits of that Organization - other than he has a - He Said, Argument that these Funds where to be part of his Profits - Yet, No one can verify his story - and no one in the City of Carthage should or could have the Authority to give someone $142,000 without all Parties being aware and in a Contract Form - and possible have a Council Meeting to Vote on it and be reviewed by the City Attorney - before promising a windfall of a $142,000.
The U.S. income tax system is based on the idea of voluntary compliance. Under this system, it is the taxpayer's responsibility to report all income. Tax evasion is illegal, especially $142,000 - Unreported Income.
9:18AM - Very eloquently said - You, must be an Attorney or a Paralegal or have Indepth knowledge of the legal system. The Prosecution should have no problem in obtaining and providing a multitude of exact and reasonable information in an itemized form of evidence and facts to meet the Standards of these charges.
As with any Legal Case both the Prosecution and Defense may use whatever form to stall or continue the case. I would assume that this is costing the Defendant at least $25,000+ in Legal Fees and he is wanting the best Defense his Money will buy.
From the Outside, it does look pretty much as an open and shut case, with the information that has been brought forward so far, which is why the majority of commentors question the validity of the Defense Attorney and the Legal Process. I would hope that you give them some slack since they like most people look at things as Black and White and the Law seems to follow a Shades of Gray. Yet, everyone is Presumed Innocent - or you would hope so.
It will be interesting to follow this Case and see if it Truly goes to Trial or if the Defense tries to reach a Settlement with Minimum Jail Time and/or just Restitution. Time will tell.
For Others - The purpose of a bill of particulars is to apprise the defendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands the charges, (2) can prepare a defense, (3) can avoid prejudicial surprise at trial, and (4) can be possible be protected against retrial for the same offense.
VS. Discovery - The primary purpose of discovery is the production of evidence for use at trial while a bill of particulars is used to clarify the date, time, place and manner of the offense to make it easier for the defendant to prepare his defense.
I feel like the Carthage Citizens United should be asking to see the contract that paid him all this money, and who from the City and Council approved this hot mess!
It should be a public record!
Agree with the last comment. This should also be verifiable by looking at the salary/income agreement with the next person working as Parks Director. If this is simply “an agreement” in *the way Carthage pays their Parks Director*, the next Parks Director would be receiving their income in the same ways. Who would take the position if the city was offering them 142K less than the person before them?
I wonder if his employment agreement had the same 10 year and “can’t be fired without clause” that the Mayor approved for the former city admin who was fired. Does the Carthage mayor and the mayors before him just go around and approve agreements and contracts without council approval? If I remember there was debate as to the meaning of the word “and” in the case of how the city admin is only to serve at the pleasure of the mayor “and” city council. Several citizens and the city attorney all said he could not be terminated by just the council, but then the mayor was advised by his personal attorney that the council was correct and he than had to fire him. What a mess. Seems like the city admin and city attorney would have know the simple rule. It’s like they knew it but ignored it.
As for the parks director. Perhaps the next parks director has zero experience in managing a golf course or parks system. If the new director has all the same experience I assume he will be paid the same.
I hope Carthage gets it together. I like going over there. It was a nice community.
A lot of golf course managers/ club pro's are paid a minimum salary. They are then allowed to all profits from the pro shop. They purchase the clubs, balls, hats,, shirts etc with their own money. They keep all money from tournaments. This increases the minimum salary to a living wage.
But did he claim that income on his taxes? Because that is income. So one way or the other, it seems like there is an issue.
Kirk Friesen just grow up and comment like a man and not a chicken in hiding. Stop being anonymous!
Soooo, you can post anonymously but Kirk is a coward by your measuring standard. Maybe you're the guy waiting on the police to track down your Craigslist handiwork? Maybe you're the washed up "investigative journalist" who continues to beat the drums for Jack so you'll have some relevance in his eyes? Or maybe you're just a shill doing your master Chuck's bidding so you can gain favor(and a merit raise). Whoever you are, you'll owe him an apology when the feds get through with your heros.
To the person saying “Kirk Friesen just post your name”
Well this is Kirk Friesen and I never comment here. All these comments come from someone else. But I do agree with most of them if that makes you feel better.
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