2008 Woodie Awards
Inquest results unclear
Jessica Rapp
Issue date: 8/17/08 Section: News
Six jurors collaborated last week in a coroner's inquest over the evidence that linked Kirksville jail administrator Jackie Gleason with the May murder of Kirksville resident Rogelio Johnson. Their deliberation presented what had, at first, seemed like an end to the case.
A coroner's inquest, a process that has not taken place in Adair County for more than 20 years, determines if enough evidence justifies the need for a trial. It's also open to the public, which, in light of the complex aspects of the case, allowed community members to sort out the facts for themselves.
Adair County Coroner Brian Noe, who presided over the proceedings, presented Kristie Swain, Adair County Associate Circuit Judge, with the jurors' decision. Swain issued a warrant that said the charges were "death by felony," based on what the jury had recommended.
Noe said he felt that he took the correct steps in the proceedings.
"My order is to immediately go to the judge," Noe said of Missouri Statute 58.370, which relates to coroner's inquests.
Missouri Statute 58.370 also states that the judge has a responsibility to "issue his process for the apprehension and securing for trial" of the person accused of committing the crime.
However "death by felony" is a charge that cannot be applied in the court of law in the state of Missouri. A grand jury might determine a lawful verdict that comes with a sentence, such as first degree murder or manslaughter, but death by felony doesn't coincide with a proper sentence.
Kim Lebaron, executive director of Victim Support Services in Adair County was present during the inquest and said the coroner's inquest, in this case, comes with layers of complications, particularly because it hasn't been applied in such a long time.
"I believe it's because the coroner's inquest is an antiquated system," she said. "What's allowable in the coroner's inquest has to go along with what our current day laws are."
Adair County Prosecuting Attorney Mark Williams stated in an Aug. 5 press release that, in the state of Missouri, paperwork must be filed "that gives notice to the defendant of the charges against them" to properly begin a criminal case. This paperwork was not filed, according to the release.
A coroner's inquest, a process that has not taken place in Adair County for more than 20 years, determines if enough evidence justifies the need for a trial. It's also open to the public, which, in light of the complex aspects of the case, allowed community members to sort out the facts for themselves.
Adair County Coroner Brian Noe, who presided over the proceedings, presented Kristie Swain, Adair County Associate Circuit Judge, with the jurors' decision. Swain issued a warrant that said the charges were "death by felony," based on what the jury had recommended.
Noe said he felt that he took the correct steps in the proceedings.
"My order is to immediately go to the judge," Noe said of Missouri Statute 58.370, which relates to coroner's inquests.
Missouri Statute 58.370 also states that the judge has a responsibility to "issue his process for the apprehension and securing for trial" of the person accused of committing the crime.
However "death by felony" is a charge that cannot be applied in the court of law in the state of Missouri. A grand jury might determine a lawful verdict that comes with a sentence, such as first degree murder or manslaughter, but death by felony doesn't coincide with a proper sentence.
Kim Lebaron, executive director of Victim Support Services in Adair County was present during the inquest and said the coroner's inquest, in this case, comes with layers of complications, particularly because it hasn't been applied in such a long time.
"I believe it's because the coroner's inquest is an antiquated system," she said. "What's allowable in the coroner's inquest has to go along with what our current day laws are."
Adair County Prosecuting Attorney Mark Williams stated in an Aug. 5 press release that, in the state of Missouri, paperwork must be filed "that gives notice to the defendant of the charges against them" to properly begin a criminal case. This paperwork was not filed, according to the release.
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Chris Lindley
posted 8/18/08 @ 6:24 PM CST
The Castle Doctrine does not "state that a homeowner has the right to kill anyone who illegally enters his or her home." It states that a resident of a domicile (Owner, renter, guest, or occupant) has the right to use deadly force if they feel they are in immediate bodily danger while in their place of residence. (Continued…)
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