The nightmare gripping Ken Middleton's family appeared to be possibly over in 2005. But nearly 20 years later, the 78-year-old Missouri man remains behind bars despite an overturned conviction.
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.
"A prosecutor doesn't want to politically admit that their office put an innocent man in prison for 30 years. That couldn't do anything for their future political career, even if it wasn't on their watch," he said.
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