Trials, Pleas & Dismissals . . .

A summary of some of the past efforts of Patrick W. Peters, categorized as The Good, The Bad and The Ugly.

Check back from time to time to see the latest additions. Some funny stories mixed in with real life adventures in the practice of criminal law.

The Good

Murder Second Degree, Clay County, Missouri. Trial. Eyewitnesses describe assailant as having short hair, wearing a tank top, driving a red Saturn with rust on the side. Detective goes to defendant's house and sees red Saturn in driveway. "Forgets" to note that defendant's Saturn had no rust, defendant had long hair, and defendant had tribal tatoos that would have been immediately seen if he was wearing a tank top. NOT GUILTY.

Perjury. Federal Court. Trial. Attorney charged with perjury and false statement based upon testimony of former municipal court judge that attorney loaned her money by writing check on trust account. Former judge impeached during trial, witnesses disputed judge's claim, and expert testimony that no such check was written. Jury out 25 minutes. NOT GUILTY.

Murder First Degree, Jackson County, Missouri. Trial. State has three witnesses claim that defendant shot assault rifle, killing two men: two of the witnesses had plead guilty to murder and admitted they shot assault rifles, the third witness had his case dismissed in exchange for testimony. Other witnesses said defendant did not shoot, and ballistics expert says only two guns were used. NOT GUILTY.

Post-Conviction, Jackson County, Missouri. Defendant plead guilty to assault first degree and armed criminal action from botched attempted robbery. Defendant was to cooperate for 10 year sentence, but was sentenced to 20 years. Hired Patrick Peters for post-conviction. Factual basis for plea was incorrect, and on day of hearing State agreed to new plea for attempted robbery in the first degree. Instead of serving 17 years, defendant will serve about 5 years. SENTENCE REDUCED.

Statutory Sodomy/Statutory Rape. Jackson County, Missouri. Trial. A real miscarriage when the prosecutors file case without interviewing 7 year old step-daughter. Father in Texas ($27,000 behind in child support) reports alleged sexual abuse in Missouri. No investigation. Defendant held on $1,000,000.00 bond. Claims of step-daughter are embellished with each telling. ANY investigation would have shown them false. Leading child witness expert testifies for defense. When, after five weeks of pre-trial hearings and trial the step-daughter testifies, she tells the jury nothing had happened. NOT GUILTY on 7 of 11 counts, State dismisses remaining charges.

Post-Conviction, Brookfield, Missouri. Defendant plead guilty to vehicular homicide and assault on a law enforcement officer case in which police officer, female passenger and her fetus were killed. Judge sentences defendant to 18 years, stating that the defendant would serve 6 years. When defendant arrives at prison, learns that he will serve 15 years, no 6 years. His trial counsel prevented a timely post conviction motion. Hired Patrick Peters. After six years of litigation, defendant resented to time served. SENTENCE REDUCED.

Drug Sale. Jackson County, Missouri. Yet another motion to suppress where the police in-car video shows an illegal stop and illegal search. Best moment is when officer finds a coat in trunk he likes, tries it on for size, and then remembers the camera is rolling. Motion to suppress granted. CASE DISMISSED.

Domestic Assault First Degree and Armed Criminal Action, Jackson County, Missouri. Defendant's sister-in-law and defendant in argument. Reduced to misdemeanor and $750 fine. GUILTY PLEA.

Murder First Degree, Jackson County, Missouri. State claims two eyewitnesses and DNA evidence, but withholds a variety of evidence. After two days of hearings and two court orders, agree to plea of 10 years. GUILTY PLEA to lesser charge.

Meth lab and child endangerment. Jackson County, Missouri. Girlfriend has a bad boyfriend (allegedly) cooking meth in the dead-bolted garage. When police execute search warrant, girlfriend is arrested, charged with the meth lab and endangering her children. Drug test shows no meth. DNA test shows no meth. In an ongoing problem of the juvenile court taking custody of children pending outcome of state charges, we were able to reunite mother with children. Finally, charges were dismissed. CHARGES DISMISSED.

Murder Second Degree, Jackson County, Missouri. Judge orders disclosure of withheld evidence which shows State's witnesses are gang related. Defendant pleads to 7 years on manslaughter, concurrent with backup time. GUILTY PLEA.

Statutory Rape. Jackson County, Missouri. State sought to certify juvenile for having sex with minor. Happened when juvenile was 13 years old and cousin was 8 years old. When parents learn about the consentual encounter, they tell their children the behavior is bad, seek counseling, everything is fine. Shortly before juvenile's 18th birthday, the Juvenile Prosecutor files case. Now 18, young man sits in jail because he is "too old" for juvenile authorities to handle. Ridiculous case, as both juveniles were under age, parents acted responsibly, no harm done. KUDOS to the Jackson County Prosecutor for declining charges. CHARGES DECLINED.

Murder case. Jackson County, Missouri. Motion to suppress statements granted. KCPD police do not record their interviews with suspects. It is much easier for the police to write what they want than to let the judge or jury see what really went on. Defendant asks for attorney. By law, questioning should stop. Instead, the police continue questioning. The police produce a "typewritten" statement that is not what the defendant said. STATEMENT SUPPRESSED.

Drug Possession. Jackson County, Missouri. Black driver repeatedly pulled over by police and money taken from driver. Although police know driver has successful home remodelling company, continue to pull driver over, search vehicle, and money "disappears." During one stop, police ask for consent to search truck and are told "no." Officer then asks about bag in back seat, driver tells officer it isn't his and that it belongs to a friend. Driver then tells officer he can search it. (This is called a "limited consent"--police can only search the item consented to.) Ignoring limited consent, officer searches entire truck, finding $28,500. After ripping apart the center console, officer claims to find one (1!) ecstacy pill. Less than $23,000 makes it to police property room. Officers write report stating driver consented to search of truck. Motion to suppress filed. Officers testify that driver consented to search of truck. FORTUNATELY, police video tape shows what REALLY happened. Even after watching and listening to tape, officers simply lie and testify that driver gave consent to search bag and truck. Judge suppresses evidence, noting that officers' testimony cannot be believed. DISMISSED. (But what about the missing money and what happens if officers lie under oath?)

Federal Drug Conspiracy. Another "thank God for police video and audio." Bogus stop, driver refuses consent to search vehicle. Officers illegally search vehicle and find a pipe, continue illegal search and find meth. Federal charges filed. Officers lie and say pipe was in ""plain view" and could be seized. Video shows driver objected to search of vehicle and requested attorney (and was slammed onto car hood for knowing his rights). Video could not show if pipe was seen in "plain view" (a legal seizure) or during search of car (illegal). Incredibly, thirty minutes into video, one officer tells the other to fabricate report: "Be sure you say you found the pipe in plain view and not when you were searching the car." Assistant United States Attorney hears tape and immediately dismisses case. KUDOS to an AUSA outraged by false tesimony. DISMISSED.

Murder case. Camden County, Missouri. Defendant charged with murder in death of infant son. Complicated facts. Very aggressive (and fair) prosecutor agrees to plea of manslaughter. Day long sentencing hearing. Seven year sentence with probation after 120-day shock incarceration. PROBATION.

Drug possession. Jackson County, Missouri. KCPD stops client and passenger and find marijuana. Passenger's mom called (who works for KCPD) and passenger released. ALL police reports (including statements under oath) state that driver was sole occupant of the vehicle. Motion to suppress. Show judge what really went on AND that police had destroyed in-car video. Evidence suppressed. DISMISSED.

Murder case. Trial. Jackson County, Missouri. Another case of KCPD withholding evidence favorable to defendant. Defendant charged with Murder First Degree for killing during drug deal. "Victim" had ripped defendant off and planned to kill defendant. Under Missouri law, because death was during commission of felony, defendant properly responsible for felony murder. During trial, prosecutor learned that defendant inerrogated without Miranda and that police withheld evidence from prosecutor. VERY ETHICAL prosecutor immediately dismisses Murder First Degree and agrees to a plea on felony murder. PLEA.

Assault First Degree. Trial. Randolph County, Missouri. Defendant and father charged with seriously beating city superintendant after superintendant insulted defendants mother/wife. Defense was self-defense, defense of third person. Jury convicted defendant and father of misdeamenor assault--15 days jail. Appeal to Western District. REVERSED and DISCHARGED.

Federal Drug Conspiracy. Young body-builder began using GHB when drug legally sold. Continued after illegal, imported drug and sold to others. Charged years later for conspiracy after stopping use, graduating from college, getting married, successful job. GREAT KUDOS to Assistant United States Attorney for agreeing that probation was warranted. PROBATION.

Federal Money Laundering. Car dealer selling to drug dealers. PROBATION.

Murder case. Trial. Jackson County, Missouri. Defendant charged with murder; takes friend to buy dope, dope dealers begin robbing friend. Defendant goes home, gets gun and kills dope dealer/robber. Private attorney had entered her appearance upon agreement with prosecutor for a plea of 10-15 years. Prosecutors renege on plea offer. Peters covers a motion for continuance (which was denied), reads file on Friday, goes to trial on Monday. On third day of trial, prosecutor agrees to plea to involuntary manslaughter, judge releases defendant that day.

Drug possession. Jackson County, Missouri. Defendant on parole, stopped in car with PCP and cocaine. Evidence that drugs were girlfriends. Prosecutor does excellent job, calls parole officer and former probation officer, who recommend no incarceration. Agrees to Alford plea and probation. PROBATION.

Murder case. Jackson County, Missouri. Defendant charged with drive-by shooting based upon coerced statement of co-defendant. Obtain affidavit from co-defendant testifying that statement was false. DISMISSED.

Federal Drug Conspiracy. Missouri. Defendant charged with conspiracy. Five day motion to suppress demonstrates that police violated no-knock requirements. Evidence suppressed.

Murder case. Jackson County, Missouri. Defendant charged with murder in two deaths; victims shot with different guns. Defendant passes polygraph showing he did not have gun and did not shoot victims. DISMISSED.

Murder case. Trial. Jackson County, Missouri. Defendant charged with kicking victim, causing death. Trial reveals that death was unintended. Defendant found guilty of manslaughter and given probation. PROBATION.

Murder case. Clay County, Missouri. Defendant charged with murder first degree. True motive of prosecutor to force her to testify against ex-boyfriend, who had been found not guilty of killing his wife. Irregularities in actions before the grand jury. DISMISSED.

Murder case. Trial. Sedalia, Missouri--female defendant stabs her step-father in the heart. Self-defense case. Introduced evidence showing that step-father had smoked crack cocaine, defendant knew him to be violent when using crack. Cocaine confirmed by medical examiner. Blood splatters supported defendants claim. NOT GUILTY.

Murder case. Trial. Jackson County, Missouri--defendant charged with shooting victim four times. State had dismissed and refiled since endorsed DNA evidence late. Depositions taken. Eye-witness changed testimony on stand. Defendant testified shot in self-defense. NOT GUILTY.

Drug Possession. Jackson County, Missouri--Defendant charged with possession. Removed from car, searched, handcuffed behind back, drug dog, one officer says drugs found under trunk of car, other officer says found drugs in pants cuff. Prosecutor dismisses.

Rape and Sodomy Case. Jackson County, Missouri. Defendant charged with forcible rape and sodomy. Defendant gives statement to police on consent. Ten minutes into deposition of alleged victim, her statement is demonstrated to be untrue. DISMISSED.

Robbery Case. Defendant charged with four separate robberies and armed criminal action. Prior attorney pled defendant to a maximum of 25 years. Entered case for sentencing, met with prosecutor, arranged strict supervision prior to sentencing. Defendant sentenced to 4 years on armed criminal action and given probation on robberies.

Murder case. Jackson County, Missouri--defendant charged with shooting victim. Took statements from witnesses impeaching their prior statements to police. DISMISSED.

Rape. Trial. Jackson County, Missouri--young defendant charged with raping girl, defense was consensual masturbation. Successfully impeached Children's Mercy expert. Amazing cross-examination of complaining witness by Debra Porter. Defendant testified. NOT GUILTY.

Murder case. Trial. Kansas City, Missouri--defendant charged with shooting victim in front of three witnesses. Impeached witnesses and showed bullet trajectories consistent with defendant's claim of self-defense. HUNG JURY. Defendant plead to manslaughter.

Child molestation. Trial. Clay County, Missouri--uncle accused of fondling niece. Niece claimed fondling during the night when she woke up. Impeached. Directed verdict at the close of State's case. NOT GUILTY.

Murder case. Jackson County, Missouri--Defendant charged with murder over a craps game. Informant purportedly records defendant admitting crime. Investigation showed that voice on tape was informant's brother, acting like defendant. DISMISSED.

Murder case. Trial. Jackson County, Missouri--defendant with 3 prior domestic violence calls strangled wife. Presented testimony showing true nature of earlier calls, medical examiner testified that chest bruising was consistent with strangling (knees on chest) as opposed to beating (as State alleged) and defendant testified to sudden passion. NOT GUILTY of Murder, guilty of manslaughter.

Sodomy, Sodomy. Trial. Clay County, Missouri--step-dad accused of oral sex on two separate occassions. Very compelling 6 year old "victim." Attacked protocols, which were not followed, and showed that mother did not believe child and reporting grandmother actions inconsistent with believing child. With 6 year old on the witness stand, created a new, false accusation in front of the jury to show how easily a false accusation can be created. Defendant had 5 felony convictions (3 vehicular manslaughters & assault & tampering) and testified. NOT GUILTY.

Assault First Degree, ACA. Trial. Kansas City, Missouri--police officer charged with shooting his girlfriend in the back. State alleged that after struggle over knife, officer shot girlfriend as she was running away. Defense offered witness who saw girlfriend stabbing at defendant but didn't see shooting. Called forensic expert from Regional Crime Lab who testified that stippling on girlfriend's clothes showed shot was fired within five feet. Called KCPD shooting expert to testify that assailant with knife is considered lethal within 15 feet. NOT GUILTY.

Sodomy, Sodomy, Rape. Trial. Clay County, Missouri--defendant charged with three separate incidents involving daughter. Unbelievably inept work by DFS and Sheriff, ignoring radically inconsistent statements by alleged victim. Used charts to show prior inconsistent statements, deposition of Mother to impeach daughter. NOT GUILTY. (Jury lined up after verdict to shake defendant's hand.)

Felony DWI. Trial. Columbia, Missouri--defendant with prior DWI convictions is arrested and given breathalyzer test with reading of .023. Used expert witnesses to impeach testing AND had defendant testify (although convictions came into evidence). Very good cross-examinations by Bob Knapp & Mike McIntosh. HUNG JURY. State agreed to misdemeanor plea. No jail time.

Rape, Sodomy, Sodomy. Trial. Jackson County, Missouri--defendant accused of raping three different girls. Defendant admitted to police laying on top of one girl naked, and polygraphist testified that he admitted sodomy. One girl was shown to make false accusations by her own mother, one girl's account would have occurred in a car full of people, one girl described an assault and then "waking up." Defendant testified. NOT GUILTY on all counts, Guilty on child molestation. Probation given.

The Bad

Murder. Trial. Kansas City, Missouri. Young black woman goes to Westport. Was groped by four drunk men who knocked her to ground and continued groping. Stabs attacker with knife, killing him. Judge does not allow evidence that two of four attackers subsequently attacked defendant with guns, in one instance shooting and wounding defendant with AK-47. GUILTY. On appeal.

Arson. Trial. Kansas City, Missouri--one of five defendants charged with setting fire which caused explosion that killed six firefighters. Bizarre case lasting many weeks. Twelve witnesses testified to incriminating statement by my defendant, but none of them told the same story. Government theory that fire caused ANFO to explode never proven. GUILTY.

Assault. Trial. Kansas City, Missouri--State claimed an attempted car-jacking led to assault, defendant claimed self-defense during drug deal. Presented evidence showing State's victim was drug dealer. GUILTY. (Note--State's victim, who repeatedly denied selling drugs under oath, has now plead guilty in federal court to distribution. Awaiting decision on new trial/dismissal.) UPDATE: Conviction set-aside in post-conviction hearing.

The Ugly

Murder First Degree. Jackson County, Missouri--defendant charged with Murder First Degree for shooting victim in back nine times. Evidence demonstrated that victim had gun, good self-defense claim. Defendant convicted of Murder Second Degree and received 15 year sentence.

Murder Second Degree. Jackson County, Missouri--defendant charged with murder confesses, despite four I.D. witnesses identifying different shooter. Police changed testimony between hearings. Guilty. Currently on appeal.

Murder/Child Abuse. Columbia, Missouri--defendant had whipped step son with a belt, and step son died of heart attack. Extensive meetings with medical examiner who, for the first time in the State of Missouri, changed cause of death from "homicide" to "undetermined." Murder charge DISMISSED. Defendant convicted of child abuse.

Felony Murder/Child Endangerment--Day care provider has 17-19 children in her care. One dies from shaken baby/impact injury. Charged with felony murder and 19 counts of felony child endangerment. Jury-waived trial. Guilty on all counts. Judge grants probation on felony murder; 3 years on child endangerment with 120 day call back. Currently on appeal.