The system failed Trey Crawford during the five months he spent on his earth.
Now it appears it is failing him even after his death.
Twice during his brief life, Trey had to be taken to the emergency room, once for bruising, and another time for a fractured skull. Finally, his father, Justin Sardeson, the man who should have been protecting him, rolled over on the baby, suffocating him. News accounts of Sardeson's trial indicated the earlier incidents were never investigated...until after Trey Crawford was dead.
Webster County Prosecuting Attorney Cynthia Black charged Sardeson with first degree murder. The trial was held in March 2004 in Dallas County on a change of venue. The jury found Sardeson guilty of the lesser crime of second degree murder and he was sentenced to 30 years in prison.
At the time of Sardeson's conviction, Ms. Black wrote, "As a result of Trey's death, I challenge all agencies to educate and train their people about protecting children. It is not enough to look back and say Trey Crawford fell through the cracks. We must take action."
Unfortunately, the most recent action in the case was taken today by the Missouri Southern District Court of Appeals which tossed out Sardeson's conviction and sent the case back to Dallas County for a new trial...because prospective jurors were seated according to age instead of at random.
In its opinion, the appellate panel said its job was to determine whether that "jury selection process was a substantial failure to comply" with the law.
"We find that it was and are forced to reverse and remand for a new trial."
The circuit clerk's error in seating the jury was not discovered until after the trial, according to the opinion, even though Ms. Black had told the judge it appeared the prospective jurors were seated according to age.
"The clerk assured the trial court that the jury panel was not seated by age, that it was indeed a random selection. Admirably, the prosecuting attorney pressed the issue a second time because she was 'afraid that the court of appeals is going to look at this and say any idiot would have seen that they were seated from oldest to youngest" prior to trial, but was again assured that the jury panel was randomly seated." So the trial started. The defense attorney did not know until after the trial when it was discovered that the jury panel was indeed seated by age, thanks to the computerized list used by the circuit clerk.
The lawyers had already exercised their challenges to potential jurors well before the pool got anywhere near jurors who were close to Sardeson's 22 years. The jury panel that was seated ranged from 44 to 72 years old, according to the opinion.
"Such a practice defeats the very purpose of the jury selection process," the opinion said. "A system has been established by statute that provides, insofar as is practical, for a random selection of jurors from a cross-section of the community and from various locations in the county."
Wednesday, August 17, 2005
McBride indicted on arson charge
Webb City businessman Keith McBride, 51, was indicted by a federal grand jury in Springfield on an arson charge today, according to U. S. Attorney Todd P. Graves.
McBride was the owner of the Coin-Op business, 302 W. 4th Street, Webb City, which he allegedly burned to the ground April 14, the same morning he also allegedly burned his home in Duenweg to the ground.
According to the affidavit filed today in U. S. District Court for the Western District of Missouri, several firefighters were injured while working to extinguish the fire and had to be transported to a local hospital and treated for burns and other injuries.
McBride was arrested later in the day following a stand-off at a warehouse that lasted for several hours. According to the affidavit, McBride had a .45 caliber semi-automatic pistol and threatened to kill himself. He claims he did not do so because the gun failed to work. Eventually, the police used tear gas and McBride surrendered.
The indictment was filed after McBride underwent a psychiatric examination in Springfield.
McBride was the owner of the Coin-Op business, 302 W. 4th Street, Webb City, which he allegedly burned to the ground April 14, the same morning he also allegedly burned his home in Duenweg to the ground.
According to the affidavit filed today in U. S. District Court for the Western District of Missouri, several firefighters were injured while working to extinguish the fire and had to be transported to a local hospital and treated for burns and other injuries.
McBride was arrested later in the day following a stand-off at a warehouse that lasted for several hours. According to the affidavit, McBride had a .45 caliber semi-automatic pistol and threatened to kill himself. He claims he did not do so because the gun failed to work. Eventually, the police used tear gas and McBride surrendered.
The indictment was filed after McBride underwent a psychiatric examination in Springfield.
News-Leader investigates lobbyists' influence
The influence of lobbyists on southwest Missouri legislators is explored in an article in today's Springfield News-Leader. As you might expect, first and foremost among those profiled is Rep. Steve Hunter, R-Joplin. And for the first time, a media outlet other than The Turner Report makes note of gifts Hunter has received from casino lobbyists.
The only fault I can find with the article is that it does not get into one of the more insidious ways that lobbyists can give gifts that are not put on the disclosure forms that are filed with the Missouri Ethics Commission. All they have to do is to make campaign contributions to the legislators, where their lobbyist jobs are usually disguised as something else, a practice I have been detailing on this blog for the past several months.
The article also notes that the legislators do receive expense money which is designed to cover the cost of meals.
You can find the article at:
http://www.springfieldnews-leader.com/apps/pbcs.dll/article?AID=/20050817/NEWS01/508170354/1095
The only fault I can find with the article is that it does not get into one of the more insidious ways that lobbyists can give gifts that are not put on the disclosure forms that are filed with the Missouri Ethics Commission. All they have to do is to make campaign contributions to the legislators, where their lobbyist jobs are usually disguised as something else, a practice I have been detailing on this blog for the past several months.
The article also notes that the legislators do receive expense money which is designed to cover the cost of meals.
You can find the article at:
http://www.springfieldnews-leader.com/apps/pbcs.dll/article?AID=/20050817/NEWS01/508170354/1095
Tuesday, August 16, 2005
Charles Nodler gives version of theater incident
In the Wednesday Joplin Globe's letters to the editor section, Charles Nodler gives his version of the July 22 confrontation between his brother, Sen. Gary Nodler, R-Joplin, and a 20-year-old caregiver at the Northstar Theater in Joplin. Nodler writes:
"I rarely write any opinion letters, I am responding to Max McCoy's recent article that sought my comments. I will give my recollection of this event. My brother (Missouri state Sen. Gary Nodler) and I went to a movie on my day off from work. We arrived just before the start of the movie.
"During the first 10 to 15 minutes of the film, there were continuous noise and distractions from the back of the theater. It was too loud to permit us to hear and enjoy the film. At this point, my brother said, 'Do you want to stay or leave?' I said I wanted to leave because I wasn't able to enjoy the film. There was a woman near the opposite door as we left the theater, my brother said to me that the noise was too loud.
"The young woman said, 'You should have either more compassion or consideration for these people.'
"My brother then said, 'Excuse me? It has nothing to do with compassion. The noise was preventing other people from being able to watch the film.'
"During this short exchange, the young woman used profanity, at which point we left. When we got to the lobby, a group of other patrons from the same film were asking for refunds. My brother confirmed to the manager that there was noise in the theater and that one person was using foul language. The manager asked him to point this person out. We did, and the manager then said he would monitor the film and if any more distractions occurred, the group would have to leave.
"When we exchanged our tickets, the cashier said that she had exchanged several for this movie. I was never contacted by anyone since the event happened to ask my recollections, even though I was the only witness to the entire event."
"I rarely write any opinion letters, I am responding to Max McCoy's recent article that sought my comments. I will give my recollection of this event. My brother (Missouri state Sen. Gary Nodler) and I went to a movie on my day off from work. We arrived just before the start of the movie.
"During the first 10 to 15 minutes of the film, there were continuous noise and distractions from the back of the theater. It was too loud to permit us to hear and enjoy the film. At this point, my brother said, 'Do you want to stay or leave?' I said I wanted to leave because I wasn't able to enjoy the film. There was a woman near the opposite door as we left the theater, my brother said to me that the noise was too loud.
"The young woman said, 'You should have either more compassion or consideration for these people.'
"My brother then said, 'Excuse me? It has nothing to do with compassion. The noise was preventing other people from being able to watch the film.'
"During this short exchange, the young woman used profanity, at which point we left. When we got to the lobby, a group of other patrons from the same film were asking for refunds. My brother confirmed to the manager that there was noise in the theater and that one person was using foul language. The manager asked him to point this person out. We did, and the manager then said he would monitor the film and if any more distractions occurred, the group would have to leave.
"When we exchanged our tickets, the cashier said that she had exchanged several for this movie. I was never contacted by anyone since the event happened to ask my recollections, even though I was the only witness to the entire event."
Judge Dorr kicks Lindstedt lawsuit again
Accused child molester Martin Lindstedt lost again in federal court today.
For the umpteenth time, U. S. District Court Judge Richard Dorr said no to Lindstedt's lawsuit against Missouri Governor Matt Blunt. Lindstedt's motion for reconsideration "raises no new arguments or legal theories which have not been or could not have been raised at an earlier time," Dorr wrote. "Moreover, the motion does not introduce new evidence."
Dorr was far kinder considering the waste of time and money Lindstedt has been to the taxpayers. The perennial candidate, who has run for every office from U. S. Senator to dogcatcher, is currently staying in the Newton County Jail awaiting trial on felony statutory sodomy charges. Newton County Circuit Court Judge Kevin Selby also slapped him with 660 days in jail for contempt of court.
All through this, the avowed racist and alleged minister has continued his quixotic lawsuit against Blunt, whom he claims wrongfully kept him from using his nickname Martin "Mad Dog" Lindstedt on the ballot when he ran for the Republican nomination for governor in 2004. Blunt was Missouri secretary of state and was also running for the Republican gubernatorial nomination at the time. Lindstedt also said Blunt violated his rights when he refused to put a link to Lindstedt's garbage-filled website (a site which features one hateful, racist comment after another) on the Missouri secretary of state's website.
When he initially filed his lawsuit, Lindstedt asked that Blunt be forced to use the nickname Matt "Runt" Blunt on the November 2004 ballot. For some reason, the judge did not go along with this idea.
After Lindstedt's initial lawsuit was tossed out, he has tried multiple times to get the judge to overturn the decision, but he has not been exactly the sole of discretion in his efforts nor has he remained peaceful during his all-expenses paid stay in Newton County facilities.
In a letter last month to Neosho Forums, www.neoshoforums.com, Lindstedt said the actions taken against him by Newton County officials have made the county "a prime target for biological warfare."He also says, ".Â… "I don't build bombs. I build bombers. Not just one or two bombers. And not armed with just one little truck bomb. I build bombers who know how to make their own biological weaponry and who do not get caught."
For the umpteenth time, U. S. District Court Judge Richard Dorr said no to Lindstedt's lawsuit against Missouri Governor Matt Blunt. Lindstedt's motion for reconsideration "raises no new arguments or legal theories which have not been or could not have been raised at an earlier time," Dorr wrote. "Moreover, the motion does not introduce new evidence."
Dorr was far kinder considering the waste of time and money Lindstedt has been to the taxpayers. The perennial candidate, who has run for every office from U. S. Senator to dogcatcher, is currently staying in the Newton County Jail awaiting trial on felony statutory sodomy charges. Newton County Circuit Court Judge Kevin Selby also slapped him with 660 days in jail for contempt of court.
All through this, the avowed racist and alleged minister has continued his quixotic lawsuit against Blunt, whom he claims wrongfully kept him from using his nickname Martin "Mad Dog" Lindstedt on the ballot when he ran for the Republican nomination for governor in 2004. Blunt was Missouri secretary of state and was also running for the Republican gubernatorial nomination at the time. Lindstedt also said Blunt violated his rights when he refused to put a link to Lindstedt's garbage-filled website (a site which features one hateful, racist comment after another) on the Missouri secretary of state's website.
When he initially filed his lawsuit, Lindstedt asked that Blunt be forced to use the nickname Matt "Runt" Blunt on the November 2004 ballot. For some reason, the judge did not go along with this idea.
After Lindstedt's initial lawsuit was tossed out, he has tried multiple times to get the judge to overturn the decision, but he has not been exactly the sole of discretion in his efforts nor has he remained peaceful during his all-expenses paid stay in Newton County facilities.
In a letter last month to Neosho Forums, www.neoshoforums.com, Lindstedt said the actions taken against him by Newton County officials have made the county "a prime target for biological warfare."He also says, ".Â… "I don't build bombs. I build bombers. Not just one or two bombers. And not armed with just one little truck bomb. I build bombers who know how to make their own biological weaponry and who do not get caught."
Nevada school district responds to lawsuit
In a response filed earlier today, Nevada R-5 School District officials denied they wrongfully fired teacher Lisa Hubler and just about everything else she claimed in her lawsuit filed last month in U. S. District Court for the Western District of Missouri.
The school officials denied they violated the Americans with Disabilities Act by discriminating against her because she suffers from depression.
According to Ms. Hubler's lawsuit, she was hired by R-5 Superintendent Ted Davis on April 14, 2000. to teach first grade students in the district's Reading Recovery program. Previously, she taught fourth grade for 10 years in the North Kansas City School District.
From Oct. 9 to Oct. 20, 2000, the lawsuit said, Ms. Hubler was given two weeks of paid sick leave to deal with the onset of depression symptoms. The school offered her a reduced work schedule for three weeks after her leave, then she returned to working full time.
On Feb. 20, 2001, the lawsuit said, the principal, Debbie Spaur, and director of special services Geraldine Johnson "confronted plaintiff with allegations that she had abused her sick leave in October of 2000." Ms. Hubler was told that her trainer from Southeast Missouri State University Carrie Kleinsorge had reported that Ms. Hubler was not doing well in the reading recovery program. "Plaintiff was told that there was concern about her medical condition and her ability to do the job.
"At the end of that meeting, Ms. Hubler was told she needed to decide whether she wanted to continue at Bryan Elementary. "The implication was clear that Principal Spaur and Director Johnson wanted her to resign. She asked if she was being told to quit." She was told it was up to her and that if she stayed job target goals would be set for her.
The next day, Ms. Hudler called Ms. Kleinsorge who told her that she was doing fine and expressed surprise about what the school officials said.
Ms. Hudler then spoke with the superintendent who told her her absences had "hurt her chances for a contract renewal.
"The principal had also told Ms. Hudler there had been a parent complaint about her, according to the lawsuit. After talking with the parent, she said, it became apparent that was not the case.
On March 2, 2001, Ms. Hudler's psychologist prepared a request for medical leave for the rest of the school year. Ms. Hudler's husband told school officials she could return to work with proper accommodations and that she could not work due to the hostile work relations with the principal and Ms. Kleinsorge.
On April 12, 2001, Ms. Hudler received a letter telling her her contract would not be renewed.Ms. Hudler claims that she was discriminated against because of her disability and that her civil rights were violated. She is asking for lost income, benefits, interest, and costs.
The school officials denied they violated the Americans with Disabilities Act by discriminating against her because she suffers from depression.
According to Ms. Hubler's lawsuit, she was hired by R-5 Superintendent Ted Davis on April 14, 2000. to teach first grade students in the district's Reading Recovery program. Previously, she taught fourth grade for 10 years in the North Kansas City School District.
From Oct. 9 to Oct. 20, 2000, the lawsuit said, Ms. Hubler was given two weeks of paid sick leave to deal with the onset of depression symptoms. The school offered her a reduced work schedule for three weeks after her leave, then she returned to working full time.
On Feb. 20, 2001, the lawsuit said, the principal, Debbie Spaur, and director of special services Geraldine Johnson "confronted plaintiff with allegations that she had abused her sick leave in October of 2000." Ms. Hubler was told that her trainer from Southeast Missouri State University Carrie Kleinsorge had reported that Ms. Hubler was not doing well in the reading recovery program. "Plaintiff was told that there was concern about her medical condition and her ability to do the job.
"At the end of that meeting, Ms. Hubler was told she needed to decide whether she wanted to continue at Bryan Elementary. "The implication was clear that Principal Spaur and Director Johnson wanted her to resign. She asked if she was being told to quit." She was told it was up to her and that if she stayed job target goals would be set for her.
The next day, Ms. Hudler called Ms. Kleinsorge who told her that she was doing fine and expressed surprise about what the school officials said.
Ms. Hudler then spoke with the superintendent who told her her absences had "hurt her chances for a contract renewal.
"The principal had also told Ms. Hudler there had been a parent complaint about her, according to the lawsuit. After talking with the parent, she said, it became apparent that was not the case.
On March 2, 2001, Ms. Hudler's psychologist prepared a request for medical leave for the rest of the school year. Ms. Hudler's husband told school officials she could return to work with proper accommodations and that she could not work due to the hostile work relations with the principal and Ms. Kleinsorge.
On April 12, 2001, Ms. Hudler received a letter telling her her contract would not be renewed.Ms. Hudler claims that she was discriminated against because of her disability and that her civil rights were violated. She is asking for lost income, benefits, interest, and costs.
Tire jack killing trial moved to Cedar County
The first degree murder trial of Jim Edward Ryan, 42, Lamar, charged with the May 25 tire iron slaying of his brother-in-law Jim John Kullie in Lamar Heights, will be moved to Cedar County. The decision was made during a hearing before Judge James Bickel Monday in Barton County Circuit Court.
The trial has been scheduled for March 14-17, 2006.
The trial has been scheduled for March 14-17, 2006.
What's new? Second quarter profits up at Wal-Mart
Wal-Mart reported a 5.8 percent increase in second quarter profit, according to Arkansas Business News. Net income was $2.8 billion, compared to $2.7 billion during the second quarter last year.
The company disappointed analysts by anticipating lower-than-expected earnings during the third quarter, the article said.
The company disappointed analysts by anticipating lower-than-expected earnings during the third quarter, the article said.
Monday, August 15, 2005
WTI expanding Joplin facility
Today's Wichita Business Journal reported the expansion of Wichita Technical Institute's Joplin campus. WTI officials announced the 3,000 foot expansion which gives the campus room for a new lab and more classroom space, the article said.
The expansion enables WTI to begin a new 60-week medical assistant program beginning Oct. 17, according to the article.
The expansion is one of several in the works for WTI, including a new $1 million campus in Wichita and an expansion of its Topeka branch, according to the article.
The expansion enables WTI to begin a new 60-week medical assistant program beginning Oct. 17, according to the article.
The expansion is one of several in the works for WTI, including a new $1 million campus in Wichita and an expansion of its Topeka branch, according to the article.
Democrats eye Nodler spot
It is still 16 months before the election, but it's not just area Democrats who are considering a challenge to volcanic Sen. Gary Nodler.
State Democratic officials believe Nodler's Northstar meltdown may create an opening for a Democrat to win in this heavily Republican area and they are actively searching for someone to run against him. What this means is that the state Democratic party may actually spend some money in this corner of the state for a change (or as the skeptic in me would say, Nodler and his special interest backing will face some Democrat with a different group of special interest backers).
State Democratic officials believe Nodler's Northstar meltdown may create an opening for a Democrat to win in this heavily Republican area and they are actively searching for someone to run against him. What this means is that the state Democratic party may actually spend some money in this corner of the state for a change (or as the skeptic in me would say, Nodler and his special interest backing will face some Democrat with a different group of special interest backers).
Subscribe to:
Posts (Atom)