The discovery of long-hidden evidence in a 19-year old murder case fuels hopes of death penalty opponents that the state will declare a moratorium on executions for two years. Reginald Clemons, Marlin Gray, and two others were convicted in 1993 of the rapes and murders of two St. Louis sisters who were thrown off a St. Louis bridge into the Mississippi River. Gray was executed five years ago. Clemons would have been executed last June but a stay was issued and a special judge is reviewing the case.

A few days ago, three lab reports and some physical evidence was discovered in the St. Louis police crime lab and says the evidence had been disclosed to the defense.

Executive Director Donnie Morehouse of Missourians for Alternatives to the Death Penalty says the discovery nine months after Clemons was supposed to die carries a message. “What has been going on and why has that evidence been sitting there and why has it not come forward and why it’s just now at this time come forward. I think those are questions legislators should be asking,” he says.

The Attorney General wants a quick court ruling on how this information should be processed. Morehouse’s group and other death penalty organizations had planned before the evidence was found to have a rally at the Capitol next week. Morehouse says the revelations about the evidence will give more weight to the push for a moratorium.

AUDIO: Interview with Donnie Morehouse 8 min MP3

Sex offenders who remain in state custody after finishing prison terms could face more prison time if they throw the wrong stuff at the wrong people. Sex offenders considered a sexually violent predators can be left in the custody of the mental health department indefinitely after they finish their prison time. A special Sexual Offender Rehabilitation and Treatment Unit houses them in Farmington.

The Senate has approved a proposal putting those people back in prison if they throw bodily fluids or feces at Mental Health Department workers. Sponsor Jim Lembke of St. Louis wants those actions declared felonies. He calls his bill an “opportunity” to get sex offenders back to prison if they misbehave. He draws support from Farmington Senator Kevin Engler, who says predators don’t want to go back to prison because pedophiles don’t do well there. But he says the bill is necessary to protect people in his town who work at the special unit.

Lembke’s bill upgrades the charge to a more serious felony if the bodily fluids are from a person with HIV, Hepatitis B or C, and exposes the victim to those diseases. Corrections department workers, visitors, and other convicts are protected from similar assaults in a law passed earlier.

This bill (SB774) is awaiting action in the House.

AUDIO: Debate on bill 3 min MP3

The status hearing for Alyssa Bustamante in Central Missouri has been pushed back. Cole County prosecutor Mark Richardson says the hearing set for today has been rescheduled for April 28th.

At issue was jury selection, which happened Friday.

Richardson says a Greene County jury will be selected there and then brought to Jefferson City in Cole County for the trial.

Bustamante is accused of killing 9-year-old Elizabeth Olten near Jefferson City. Bustamante is a juvenile but will be tried as an adult.

Bustamante’s attorneys have requested she wear street clothes and minimal restraints for upcoming hearings and trial, but the court has not issued a ruling on that yet.

Authorities say Bustamante led them to Olten’s body, which was buried in the woods. She had been strangled, stabbed and her throat had been cut.

AUDIO: Interview with Prosecutor Mark Richardson 3 min MP3

The Highway Patrol’s new superintendent starts his first full week as “Officer One.” Colonel Ronald Replogle moves up from the Criminal Investigation Bureau, to succeed Colonel James Keathley, who headed the patrol for more than three years. He says he wants to continue Keathley’s progress on making highways as safe as possible, and the patrol’s record of helping local agencies with major crime investigations. Homeland security has become a special effort in recent years.

Replogle says it starts at the street level with the street officers and road troopers who stop cars and trucks…and run across homeland security problems. The patrol works closely with federal agencies to share information. The patrol has even gotten into immigration enforcement. Several officers have attended immigration training and are working with federal immigration officers on criminal investigations.

As head of the Criminal Investigation Bureau, Replogle saw the increased use of DNA as evidence and an increase in the number of crime labs in Missouri. He says those labs have helped with backlogs in evidence processing, especially a new one in Springfield. The state now has more than a half dozen of those labs.

He says recruiting is an ongoing effort, and one that’s more competitive because of the number of police agencies looking for well-qualified officers.

　Bob Priddy interviews Col. Replogle 5:03 mp3

Law enforcement officers often get DNA evidence at a crime scene but they can’t connect it to a specific suspect. The senate is moving to preserve their ability to finally prosecute someone because the statute of limitations runs out before a suspect is identified. The situation has led to a strange procedure in which prosecutors have filed charges against the DNA, calling it “John Doe.” The step keeps the case alive indefinitely.

Senator Matt Bartle’s bill that has been advanced by the senate says the statute of limitations does not begin to run until a suspect is identified, ending the need for the John Doe charges. He calls the DNA evidence collection critical to solving crimes. “The results (of the program) already have been superb,” he says.

The same proposal adds robbery to the list of crimes for which DNA samples can be taken from suspects. The present law requires people arrested for numerous other crimes to give samples. But robbery was left out when the law was passed.

A roll call vote later this week could send the bill to the House.

Hear first day of debate 24:58 mp3

Missouri is getting closer to a law that lets victims of child pornography sue pedophiles who get their pictures from the internet. The proposal is a state version of the national “Masha’s Law, ” named for Masha Allen who will turn 18 this year. Her story of being adopted from a Russian orphanage by an American businessman when she was five and the five years of sexual abuse at his hands led to passage of the federal Masha’s Law in 2006.

Senator Matt Bartle of Lee’s Summit thinks the state needs to pass its own version of Masha’s Law because she is still being victimized. “Masha’s image has been electronically disseminated around the globe,” he says. “She is a victim not only of heinous crime at the scene but she has been victimized time and time again as pedophiles on computers in the privacy of their own homes and hotel rooms download and view Masha’s image.”

Bartle’s bill allows children molested before puberty to sue pedophiles who download their images. The proposed law lets them sue every pedophile for each time that person has downloaded the child’s image for a minimum of $150,000.

The senate is expected to send the bill to the House next week.

Listen to Senate debate on Masha’s Law 21:05 mp3

A status hearing was held today in Jefferson City in the case Alyssa Bustamante, who is accused of killing 9-year-old Elizabeth Olten in rural Cole County.

Attorneys Don Catlett, left, and Charles Moreland, public defenders assigned to the Alyssa Bustamante's murder case, were in court Tuesday morning to ask for a change of venue hearing for their client. Photo courtesy Julie Smith / Jefferson City News Tribune

The case has received national attention, and although Bustamante’s attorneys requested to move the trial to different county, Cole County Circuit Judge Patricia Joyce decided to select a jury from outside of Cole County and keep the proceedings locally centered, taking the family members into consideration.

Bustamante was 15 when she allegedly lured Olten into the woods, strangled, stabbed and cut her throat, then buried her. Authorities say she dug two graves days before the killing. She told them she “wanted to know what it felt like to kill someone” when she confessed to the killing, according to reports.

She has pleaded not guilty.

Bustamante is being represented by two attorneys from Columbia, Boone County — Donald Catlett and Charles Moreland — both with capital litigation division of the State Public Defender’s Office.

Cole County prosecutor, Mark Richardson, left, and defense attorney, Don Catlett, one of two public defenders assigned to the Alyssa Bustamante's murder case, were all in court Tuesday morning for a change of venue hearing. Photo courtesy Julie Smith / Jefferson City News Tribune

Bustamante’s legal counsel asked in December for a change in venue, but at today’s hearing, Prosecutor Mark Richardson says “he expects to call a large number of witnesses” and that it would be a burden to Elizabeth’s family to have to travel.

Catlett said he still is waiting to receive copies of police reports and other evidence needed for a trial; a date has not yet been set.

Bustamante was not present in the courtroom today, but will be at the March 8 hearing. Members of the Olten family were in the courtroom.

Bustamante status hearing [Download / listen Mp3, 3:31]

Jessica Machetta reports [Download / listen Mp3, 1:14]

The underpants bomber was talking, quit talking, and now he’s talking again. Senator Bond accuses the White House of politicizing the investigation.  
Abdulmutallab — the Nigerian man accused of attempting to blow up a plane in Detroit on Christmas — is apparently talking with authorities again. Senator Bond says the decision to give him Miranda rights was a bad idea in the first place.
Bond says while Washington is frozen under, the White House has picked a heated fight — the administration is lobbying charges of politics, when the only one making this political is the White House.
Bond is vice chair of the Senate Intelligence Committee. He says airing all the details of this investigation — and Mirandizing the terror suspect – is hampering this and future terror investigations. Bond says the White House should have said any kind of information is classified and only to be discussed in secret session.
Abdulmutallab was arrested on Christmas Day after smuggling explosives onto a plane in Detroit. He admitted to ties with Al Qaeda in Yemen but after he was read his rights, he stopped talking and asked for a lawyer.
Bond says the White House is leaking the information about the investigation for political gain.
“I’m not the one leaking sensitive info for political gain for the dangerous decision to Mirandize Abdulmatalluh,
charging the Republicans with politicizing the issues simply because we’re asking tough questions is a dodge from important policy disagreements,” he says. “We have policies disagreements on how to interrogate terrorists, how to … make sure we prevent attacks on Americans at home and our troops abroad.”
Bond also spoke on whether Iran’s threat on the U.S. was to be taken seriously. Mahmoud Ahmadinejad has said his country will deliver a punch felt by the West Thursday.
Bond says “We’ve seen what kind of punches they can throw — they have delivered deadly explosive projectiles attacking out troops in Iraq. They’re developming new weapons and I hope we’ll be able to get more countries to go with us to get a effective to get a refined patrol sanction on Iran, which will show support for the dissidents there that are getting a little tired of Ahmadinejad. We know a fair amount of what’s going on, and there are a number of things he can do, but don’t overlook the fact that he likes to play the terrorism game. He likes to terrorize people by making threats. We’ll do our best to counter it, but we’ll see what happens, and there are certain ways we can respond. If he takes very drastic action, we’ll be ready to do those.”
Jessica Machetta reports [Download / listen Mp3]

The Highway Patrol leadership change begins. Maj. Ronald Replogle is the new head of the Missouri Highway Patrol. He says he’s worked under Colonel James Keathley for several years.

Replogle says he doesn’t think the patrol will notice a big change after the transition in leadership because he supports many of the successful programs Col. James Keathley put into place. One such success he noted is the reduction in traffic fatalities. Missouri has hit a low not seen for decades. Both he and Keathley attribute the reduction to strengthened enforcement in drinking and driving as well as public awareness campaigns.

However, Replogle says accidents due to inattention — namely because people are texting while driving — is a new challenge the patrol is facing.

Replogle is a 26-year veteran with the patrol, including extensive work with the Criminal Investigation Bureau.

Gov. Jay Nixon, who appointed him as superintendent Monday, lauded his 26 years of service and says he’s “tough and smart.”

“Ron Replogle is the right person for this position of great responsibility,” Nixon said. “He has shown that he is tough and smart, two qualities vital to leading a statewide law enforcement agency of 2,200 men and women charged with protecting 5.9 million Missourians. Major Replogle has demonstrated his ability to work in sync with local law enforcement agencies in fighting crime, and that also is one of the reasons I’ve selected him to be the next Highway Patrol superintendent. The Missouri State Highway Patrol is nationally regarded as one of the country’s finest law enforcement agencies, and officers like Ron Replogle are the reason why.”

Replogle’s bio:

Replogle, age 49, joined the Highway Patrol in 1984 after graduating second in his class from the Missouri State Highway Patrol Academy. Starting out as a trooper in field operations, he rose through the ranks to become director of the Division of Drug and Crime Control in 2001 and then commander of the Criminal Investigation Bureau in 2006. His service also includes more than three years as an investigator and assistant director with the Professional Standards Division.

As commander of the Criminal Investigation Bureau and director of the Division of Drug and Crime Control, he has worked closely with numerous federal agencies on homeland security and has participated in national and international training on counterterrorism.

Replogle is a native of Marshfield; he and his wife, Cindy, have two sons. His appointment now moves to the Missouri Senate for confirmation.

Looking back on Keathley’s service, Nixon says, “Missourians also owe a debt of gratitude to Jim Keathley not only for his service as superintendent of the Patrol, but also for his dedication during 33 years of wearing the uniform of the Missouri State Highway Patrol with great honor.”

The Missouri State Highway Patrol has received several prestigious designations reserved for the nation’s top law enforcement agencies, including being recognized by the Commission on Accreditation for Law Enforcement Agencies (CALEA) as a Flagship Agency. That designation acknowledges the achievement and expertise of select law enforcement agencies which provide “flagship examples” to assist other agencies. The Highway Patrol has been accredited by CALEA since 1992, and also has received the Meritorious Award, reserved for agencies that have been accredited for 15 or more continuous years by CALEA.

The patrol includes more than 1,000 troopers and an additional 1,200 support staff. The Highway Patrol is divided into nine troops, with troop headquarters located around the state. Created by state law in 1931, the Missouri State Highway Patrol has evolved from a highway patrolling force to a full-service, accredited law enforcement agency.

While enforcing traffic laws and promoting safety on Missouri’s 33,000 miles of state-maintained highways remains the Patrol’s primary responsibility, the Patrol has been tasked by the Governor and the legislature with many additional law enforcement duties including: homeland security, motor vehicle inspection, commercial vehicle enforcement, driver’s license examinations, criminal investigations, criminal laboratory analysis and research, public education, gaming enforcement and law enforcement training.

Jessica Machetta reports [Download / listen, Mp3]

Interview with Replogle [Download / listen, 6:16]

The best modern technology has to offer is being used by Missouri divers when something … or someone … is lost in the water.

The Missouri Water Patrol’s dive team was formed in 1979, when dive equipment by today’s standards was rudimentary. Now the team uses high-tech equipment in search and recovery. Sergeant Jerry Callahan says the divers use sonar and other gear to look for objects underwater. He says the use of high-tech equipment can speed up recovery time.

The dive team has been given the “Silver Fin” Award by the International Association of Dive Rescue Specialists. The award is given to the most improved dive team in the nation each year. Callahan says Missouri got it this year because of its use of advanced technology.

He says in addition to looking for victims of drowning or boating accidents, the Water Patrol Dive Team is called out to help find stolen safes, cars and guns. Using cameras, metal detectors, sonar and full-face communications gear not only speeds up those searches, but makes the operations safer for the divers.

Callahan says Missouri’s dive team has even gone to other states to train their divers on the new equipment.

“These new technologies have greatly increased the safety, efficiency, and effectiveness of dive recoveries,” the patrol says.

Missouri. Lt. Wayne Talburt, dive team supervisor for the Water Patrol says, “Our divers were very deserving of receiving this award due to their expertise, dedication, and the use of modern technology to perform the best job possible in an environment that is not at all conducive to the human body.”

Visit www.mswp.dps.mo.gov for more.

Jessica Machetta reports [Download / listen Mp3]