Court filing: John Joseph called Phil Glades one hour after visiting site of fatal hit and run

Approximately one hour after he visited the scene of the fatal August 19, 2023 hit-and-run that killed Gary LaTurner, 60, Galena, Joplin dentist John Joseph made two calls to his attorney Phil Glades, according to a motion filed Monday in Cherokee County District Court.

No one picked up on the first call, according to a separate motion, but the second call lasted 11 minutes and 21 seconds.

According to the coroner's report on LaTurner's death, it was approximately eight hours after the alleged calls were made that LaTurner died.

In one of two motions filed Monday, Cherokee County District Attorney Kurt Benecke said he intends to call Glades as a witness in Joseph's trial, which is scheduled to begin September 15 in Cherokee County District Court.

Joseph is charged with leaving the scene of a fatality accident and contributing to a child's misconduct. The child in question, Joseph's son, Rocco Joseph, the alleged driver in the hit-and-run, is also charged with leaving the scene of a fatality accident.

Benecke's filings address Glades' anticipated response that he should not be compelled to testify due to attorney-client privilege.

The state has reason to believe, based on phone records, that defendant placed a telephone call to attorney Phil Glades at approximately 1:10 a.m. on the morning of the incident. The state intends to introduce evidence of the existence and timing of this phone call.

Benecke continued, "The existence of this phone call means that Phil Glades may be a witness in this case regarding:

-The fact that the call occurred

-The time the call was received

-The identity of the caller

-Defendant's demeanor or state of mind (to the extent not privileged)

-Any non- privileged observations

The motion notes that calling Glades as a witness creates a "potential conflict of interest" that will have to be resolved by the court.

The court should balance several factors: 

whether counsel will be a necessary witness; 

the nature and substance of counsel's testimony; 

the prejudice to the opposing party; 

whether the testimony relates to a contested issue; 

and the availability of other witnesses to testify on the same matters. 

The State therefore requests that this Court conduct a hearing pursuant to State v. Vann to determine whether Mr. Glades is likely to be a necessary witness and to assess whether any exceptions apply. 

If the Court finds that a conflict exists, it should then determine whether Defendant can knowingly and voluntarily waive the conflict, whether substitute counsel should be appointed, or whether other remedies are appropriate. 

Specifically, the Court should make appropriate inquiries to determine: the likelihood that Mr. Glades will be called as a witness, and whether his testimony would relate to contested matters. Such a hearing is necessary to protect both Defendant's constitutional rights and the integrity of the trial process.

In a separate motion in limine, Benecke said, "The State does not seek to introduce any content, substance, or details of any attorney client communications, nor is the State in possession of such materials."

The filings indicate Benecke intends to use Glades' proposed testimony to refute a contention Glades made in a motion filed March 17 in Cherokee County District Court that claims that neither Joseph nor his son Rocco ever saw LaTurner's body at any time and that even if he had seen the body, he wasn't the one driving the car anyway.

Glades said there was no evidence "Jay Joseph knowingly associated with any unlawful venture."