May 22, 2012

Sexual predator treatment program prepares for release (AUDIO)

Sometime in the near future, a Farmington man is going to be out of SORTS……and that’s causing some consternation in the city.

The Department of Mental Health will release someone from its Sexual Offender Rehabilitation Treatment Services program–SORTS.  53-year old James Lewis, who  has been a client in the program for 12 years after doing four years in prison for the attempted rape of a child will be that person.  

The program staff and others who have watched Lewis for several months agree treatment has produced a man who is no longer a threat to re-offend.

Farmington Senator Kevin Engler has suggested a change in the law requiring prosecutors be added to the list of people who will be told a sexual predator is moving to their community after being released from the program.

Lewis will wear an ankle bracelet that tracks his every move.  He’ll return to the center each evening. It’s hoped that his gradual transition into regular society and the ongoing support he’ll get will lead to a home and a job. 

The SORTS program has been operating for about 20 years in Farmington.  Almost 125 sexual offenders who have done prison time but are considered to dangerous to be back on the streets have been committed there under the mental health department.

 AUDIO: Listen to the debate 42:04

 

Koster to Supreme Court: Execution dates must be set for death row inmates

Attorney General Chris Koster is urging the State Supreme Court to set a date of death by execution for 19 death row inmates.

A motion was filed to set an execution date for death row inmate Jeffrey Ferguson more than six years ago. Koster says it's time for the courts to move forward on this and 18 other executions.

Koster says these are inmates who can no longer appeal, no stays are in effect, and no legal impediment exists.

“Right now ther are 19 individuals who are on Death Row in the State of Missouri, about ten of them have already been before the Supreme Court to get execution dates, but the Supreme Court has taken a very long time in responding to these requests, sometimes as much as 1800 days — so, three, four, five years without an answer from the supreme court. We placed nine more names in front of the court, and raised the issue that we feel that it’s incumbent upon the court to begin to answer these requests beacuse there is no other way for these cases to proceed without court action.”

On behalf of the State, Koster has expressly requested this Court to set execution dates for the following ten individuals:

Defendant

Date Motion Filed

Days Motion Pending

Jeffrey Ferguson

April 14, 2006

2225

John Middleton

June 8, 2007

1805

William Rousan

June 8, 2007

1805

Michael Taylor

June 8, 2007

1805
John Winfield

June 8, 2007

1805

Russell Bucklew

June 8, 2007

1805

Earl Ringo

April 17, 2008

1491

Mark Christeson

April 17, 2008

1491

Joseph Franklin1

June 16, 2009

1066

Allen Nicklasson

January 26, 2010

842

In addition to the ten defendants identified above, nine additional individuals now have final convictions for capital murder, with no stay in effect:

Defendant

Date Conviction Final

Cecil Clayton

November 3, 2008

Herbert Smulls

April 6, 2009

David Barnett

October 5, 2009

Leon Taylor

June 21, 2010

Walter Storey

February 28, 2011

Andre Cole

October 3, 2011

Michael Worthington

November 28, 2011

Paul Goodwin

February 21, 2012

David Zink

March 26, 2012

Meanwhile, the problem that has effectively stopped executions for two years in Missouri has been solved by the Missouri Department of Corrections. When the drug sodium thiopental was taken off the market, our state and many others were forced to find a new lethal injection drug. That drug has been procured. See this story for more.

The last person to be executed at the correctional facility in Bonne Terre was Martin Link, who was put to death for the kidnap, rape and murder of 11-year-old Elissa Self  in St. Louis.

AUDIO: Jessica Machetta reports (1:30)

 

Corrections Department adopts new drug for lethal injections

The state Department of Corrections has approved a new drug for use in lethal injections to carry out the death penalty.

In a statement, the Department says it has adopted a one-drug protocol [download PDF] using propofol, otherwise known as Diprovan. This replaces a three-drug method used previously.

The state had to look for a new method for lethal injections after the only company that made one of the three drugs used in that procedure stopped producing it. Sodium thiopental was used to put the subject of an execution to sleep before two other drugs were injected to stop breathing and the pumping of the heart.

Nixon says car tax bill unconstituitonal; sponsor asks where Nixon has been (AUDIO)

Nixon says the bill reinstating local sales tax collections  on the purchase of some vehicles is unconstitutional. Nixon says it’s a tax increase without a public vote.

 The bill was passed early this morning. 

 The state supreme court had ruled last month that cities and counties could not collect sales taxes on vehicles purchased by Missourians in other states.  The sales taxes had  been the practice for decades.

The senate sponsor of the bill, Senator Mike Kehoe of Jefferson City, is disappointed in the governor’s position, and a little peeved because Nixon had voiced no concerns while lawmakers were crafting the bill.  He says there are some bills still in the works that could provide for a public vote on reinstatement of a tax that’s been collected for more than one-half century.

Kehoe says some vehicle dealers in other states already are luring Missouri into their states so they can avoid hundreds of dollars in Missouri sales taxes. 

 AUDIO: Kehoe interview 2:16Governor

House-Senate committee to study abortion, birth control coverage (AUDIO)

A House-Senate Committee could be next to consider a package containing a number of measures related to religious objections to abortions and birth control.

Representatives Mike Colona and Jay Barnes (photos courtesy, Missouri House Communications)

The measure contains several proposals that have been heard earlier in the session. One would prevent employers or employees from being forced to provide or obtain insurance coverage for abortion, sterilization or birth control and would bar discrimination or penalty against those employers or employees. It also includes language to let health care workers and institutions opt out of procedures they have moral, ethical or religious objections to.

See the legislation, SB 749.

Majority Floor Leader Tim Jones (R-Eureka) says the package is in response to the Affordable Care Act, “To protect us from something that this nation has been struggling with for over two years and that’s the onerous mandates contained in the federal healthcare takeover. The bill that is currently under consideration in the Supreme Court.”

Several St. Louis Democrats spoke against the package. Representative Susan Carlson (D-St. Louis) says it accomplishes nothing. “This is a waste of our time, it’s a waste of this body’s energy and intelligence and the taxpayers money of this state. This is going to get resolved. It’s in court already. This is just a way for people to get more attention drawn to this issue.”

Representative Stacey Newman (D-St. Louis) calls the bill part of a “war on women.” She also says it could have a lot of unintended consequences. “It also will deny insurance coverage based on any procedures for sterilization … any kind of medical treatment leading to sterility could be denied under this. Medical professionals could even refuse to process bills, they can refuse to handle medical records, even set up an exam room if they have a medical objection to the procedure that a physician has required of me.”

An amendment added to the bill would let employees decline to pay into group insurance plans that offer coverage for elective abortions.

Representative Jay Barnes (R-Jefferson City) sponsored the language. “My amendment says very simply that those people who find it morally, ethically, religiously appalling that they might have to pay for an abortion don’t have to pay for them.” He asked House democrats opposing the bill, “Your side says constantly we shouldn’t be imposing religious beliefs or such on others. Why should people who want abortions have to force people who are pro-life to pay for them?”

Representative Mike Colona (D-St. Louis) said the proposals will drive up insurance costs. “What we’re going to be doing, simply put, is pricing that coverage above what your average, ordinary, every day person can afford. I’d rather somebody look at me straight in the face and say we’re going to deny that to you because we think you’re wrong and we know better because we’re men than do it through the back door and jack up the price of coverage.”

The House and Senate have rejected one another’s versions of the legislation and could go to conference to try to hammer out differences. A committee would have to act quickly with the end of the legislative session coming tomorrow evening.

AUDIO:   Debate between Colona and Barnes about Barnes’ amendment becomes heated, 4:28