JACKSON, Mo. — The nightmare gripping Ken Middleton's family appeared to be possibly over in 2005.
The same judge who in 1991 sentenced the Kansas City, Missouri, man to life without parole plus 200 years for the shooting death of his wife, ruled to vacate that same ruling and ordered that he receive a new trial based on a series of irregularities that the judge concluded made his original trial unconstitutional.
According to the decision obtained by ABC News, his lawyer failed to present evidence to the jury that no blood was found on his shirt, gun residue evidence went missing, there were irregularities involving the handling of the body at the crime scene, and, among other things, Middleton's original attorney failed to perform basic duties like interviewing witnesses and calling independent experts. In fact, he presented no evidence at all, the ruling said.
Now all the family must do is to get the Jackson County District Attorney Jean Peters Baker to appeal for Middleton's release based on all the constitutional violations Messina cited nearly two decades ago.Baker will not re-open the Middleton case because, unlike Messina in 2005, she does not believe the new evidence presented at that time reflects a wrongful conviction, according to spokesperson Michael Mansur.
Jason Flom, a co-founder of the Innocence Project, a legal non-profit involved in criminal justice issues, told ABC News in a statement that Middleton's case"is one of the most insane and terrifying miscarriages of justice I have ever heard of."Retired Missouri Supreme Court Chief Justice Michael Wolff, now a professor emeritus at the Saint Louis University School of Law, said the failure to initially grant Middleton a new trial in 2005"was a procedural glitch.
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