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Retired Missouri judge: “Justice cries for Bobby Bostic to be released”

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A retired St. Louis judge who sentenced a teen to 241 years in prison in 1997 says her sentence should be overturned. Judge Evelyn Baker traveled to the Missouri Capitol in Jefferson City on Tuesday, in support of legislation aimed at providing a parole hearing for Bobby Bostic.

41-year-old Bobby Bostic is incarcerated at the Jefferson City Correctional Center (December 2017 file photo courtesy of Missouri DOC)

Bostic, who’s now 41, is incarcerated at the maximum-security Jefferson City Correctional Center (JCCC). While he was convicted on 16 felony counts, including robbery and armed criminal action, his supporters note his crime did not cause death or serious injuries to victims.

Bostic has been incarcerated since March 1997, for robbing a group of people who were delivering Christmas gifts to needy St. Louisans in 1995.

Judge Evelyn Baker briefed Capitol reporters on Tuesday, and Missourinet asked the retired judge about her 1997 sentence.

“If I knew then what I know now, I would never have sentenced that child (Bostic) to 241 years,” Baker says. “I didn’t know it then, but I do know it now. And it’s my duty to try to rectify a wrong.”

Bostic was 16 at the time of the robbery. Judge Baker says “Bobby was just a kid who was 16 years old. His brain had years to go before he became a full-fledged adult.”

Baker supports bipartisan legislation from State Reps. Nick Schroer (R-O’Fallon) and Barbara Washington (D-Kansas City) that would give Bostic an immediate parole hearing.

Bostic currently has to wait until he’s 112 years old, to get a hearing. Washington says Bostic should have never been certified as an adult, in the case.

Retired St. Louis Circuit Judge Evelyn Baker briefs Capitol reporters on January 21, 2020, as State Reps. Nick Schroer and Barbara Washington look on (photo courtesy of Tim Bommel at House Communications)

As for Schroer, who serves on the Missouri House Judiciary Committee, he tells Capitol reporters that none of Bostic’s victims were killed or seriously injured, adding that Bostic prevented a sexual assault from happening that night.

“It is noteworthy to mention that zero of these victims from that one night have indicated that they are against Mr. Bostic being granted clemency or parole,” says Schroer.

The “St. Louis Post-Dispatch” has reported that Bostic was with an 18-year-old co-defendant during the 1995 incident, and that while two people were shot, no one was seriously injured.

The co-defendant accepted a plea bargain and was sentenced to 30 years, according to the newspaper.

Representative Schroer emphasizes the legislation doesn’t guarantee Bostic parole, but simply a hearing and an opportunity to appear before Missouri’s Probation and Parole Board.

The bill is House Bill 2201.

Schroer also says Bostic has been involved in restorative justice efforts in prison.

“In the months ahead of us you will learn about how Bobby Bostic is a changed man, fully repentant, obtaining many scholastic accolades and degrees,” Schroer says. “He has taken full responsibility for his actions on that one December night in 1995.”

Judge Baker tells the Capitol Press Corps that “justice cries for Bobby Bostic to be released.”

During their press conference, Representatives Schroer and Washington also called on Governor Mike Parson (R) to grant Bostic clemency. Schroer says he spoke to Governor Parson and First Lady Teresa Parson about the case, in 2019.

In addition to Judge Baker, Schroer and Washington were also joined by several lawmakers from both parties. They included State Reps. Tony Lovasco, R-O’Fallon, Dottie Bailey, R-Eureka, Shamed Dogan, R-Ballwin, Rasheen Aldridge Jr., D-St. Louis, LaKeySha Bosley, D-St. Louis, and Tracy McCreery, D-Olivette. The ACLU’s Sara Baker also attended and spoke.

Baker notes Bostic has written poetry and has been teaching other inmates how to read. The Missouri Department of Corrections (DOC) says Bostic has also been involved in the Puppies for Parole program.

Copyright © 2020 · Missourinet

Missouri Legislative Black Caucus Chair praises passage of criminal justice bills (AUDIO)

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The GOP Missouri House Speaker is praising the Legislature for approving three different major criminal justice reforms. Missouri Legislative Black Caucus Chairman Steven Roberts, D-St. Louis, agrees, noting criminal justice reform has also been a top priority for House Democrats and the Black Caucus.

State Rep. Steven Roberts, D-St. Louis, speaks to the Capitol Press Corps on February 11, 2019 in Jefferson City (file photo courtesy of Ben Peters at House Communications)

“We had legislation expanding diversion courts, legislation that revises our mandatory minimums, especially for non-violent offenses,” Roberts says. “As well as an expansion of our expungements.”

House bill 192 is the legislation revising mandatory minimums. It has support across the political spectrum, from the ACLU to Americans for Prosperity.

It requires Missouri’s Probation and Parole Board to evaluate those serving mandatory minimums and decide if they should be released. Supporters say about 48 percent of Missouri’s prison population is serving time for drug offenses and other nonviolent crime.

Empower Missouri, the ACLU and Americans for Prosperity say that if the bill becomes law, about 200 prisoners will be released in the first ten months.

Chairman Roberts is also pleased with the Missouri General Assembly’s passage of legislation that expands expungements for certain non-violent crimes. He says expungement helps citizens succeed at re-entry, after they complete their sentence.

“And so allowing people who really are trying to get that second chance the opportunity to do so,” says Roberts.

Expungement is a court-ordered process, where the legal record of a criminal conviction is essentially sealed.

State Sen. Kiki Curls, D-Kansas City, sponsors the the expungement bill, which is Senate bill 1. It allows expungement for several non-violent crimes, including stealing, first degree property damage and fraudulent use of a credit device.

The diversion court bill is another bipartisan piece of legislation. House bill 547 from State Rep. Dave Griffith, R-Jefferson City, requires each judicial circuit to establish a veterans’ treatment court.

Griffith’s bill states that it is Missouri’s public policy to encourage and provide an alternate method for the disposal of cases for military veterans and current military members who have substance abuse disorders or mental health disorders.

The bill allows prosecutors to divert criminal cases to a prosecution diversion program.

Roberts emphasizes the importance of bipartisanship on the criminal justice reform issue. He tells Missourinet that House Speaker Elijah Haahr, R-Springfield, met regularly with the Black Caucus in 2019.

“He’s been genuine and I appreciate him stepping up and meeting with us on a monthly basis,” Roberts says.

Speaker Haahr told Capitol reporters on the session’s final day in May that the 2019 session is the most successful policy one he’s seen in his seven years in the Legislature.

Click here to listen to Brian Hauswirth’s full interview with State Rep. Steven Roberts, D-St. Louis, which was recorded on May 17, 2019 at the Statehouse in Jefferson City:

Copyright © 2019 · Missourinet

ACLU head discusses execution protocol lawsuit

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The American Civil Liberties Union of Missouri has filed a lawsuit challenging the Missouri Department of Corrections’ new execution protocol for its protections for the providers of execution drugs.

When the Department updated its execution protocol this month, it redefined who is considered a member of an execution team to include anyone who prescribes, compounds, prepares or otherwise supplies execution drugs.

Because state law prohibits naming members of an execution team, the ACLU then had to take down documents on its website regarding an earlier protocol because they include the names of suppliers and manufacturers of propofol. A member of an execution team whose identity is revealed could file a lawsuit and recover actual and punitive damages from the entity that revealed that identity.

ACLU Missouri Executive Director Jeffrey Mittman says that definition is too broad.

“This redefinition, to broadly include any member of the execution team including those who provide the drug, is an over broad and unconstitutional, as applied, restriction on free speech.”

When the ACLU publicized public documents about the supply of propofol under the previous protocol, they revealed that the state’s supply had been provided in error by two different suppliers, both of whom had been seeking their return. Missouri shortly thereafter returned its supply of propofol.

Mittman says such revelations are why the publication of such materials should be allowed.

“That’s why the Sunshine Law. That’s why a system of checks and balances. That’s why an organization committed to ensuring that government is doing its job properly is so important.”

The new protocol calls for the Department to carry out executions using the drug pentobarbital, commonly used to euthanize animals. It will be supplied by a “compounding pharmacy,” which typically mixes drugs for individual prescriptions. Mittman says those pharmacies have presented problems in the past.

“A few years back, compounding pharmacies were involved in materials that were not only not beneficial to patients, but actually harmed and in some cases killed patients. There are limited Federal Drug Administration controls over their quality, their expertise, their procedures.”

Mittman says the ACLU wants to be able to put the documents regarding the earlier protocol back up, and to be able to post documents regarding the updated protocol once it has them.

“The ACLU believes that the people of Missouri have a right to know, if the state is executing someone in their name, what procedures are being followed, how it’s being done and what policies and procedures are put into place.”

Some have cited the need for protection under the law of the identity of execution team members in order to prevent retaliation against them. Mittman says the courts have found that there are acceptable protections that are well-defined.

“There are instances where secrecy can be required and is necessary to a proper functioning government. The rule in our country has fortunately always been that if the government is going to withhold information … there needs to be a very specific reason to do that and that secrecy needs to be imposed on narrow grounds that are tailored to fit the government interest.”

Earlier this month Governor Jay Nixon cancelled the execution of convicted murdered Allen Nicklasson, that would have happened Wednesday morning, before ordering the Department to create a new protocol. His was to have been the first execution using propofol. Still scheduled is the November 20 execution of Joseph Franklin, convicted for a 1997 murder.

Mittman says the ACLU of Missouri is not planning action regarding the Franklin execution.

“Because of the importance of the issue right in front of us and right in front of the court, for now we want to focus on ensuring that we are briefing as best as possible and making the most appropriate arguments to the court.”

ACLU, Congressman Clay, PROMO say Supreme Court decision to overturn the Defense of Marriage Act is a historic victory for civil rights (AUDIO)

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The American Civil Liberties Union says the U.S. Supreme Court decision to overturn the Defense of Marriage Act is a historic move in the advancement of civil rights.

The ACLU of Eastern Missouri in St. Louis says the decision states very clearly that the federal government will no longer discriminate against lesbian and gay couples for unfair treatment under the law. ACLU executive director Jeffrey Mittman says the Supreme Court acknowledges that states that recognize the rights of two people who are in love to make a responsible commitment to one another should be granted those same rights under the federal government.

St. Louis area Congressman Lacy Clay says the decision is a historic turning point that advances full equality for all.

“The high court has affirmed that equal protection under the law applies to every American,” Clay says.

West Central Missouri Congresswoman Vicky Hartzler disagrees. She says marriage should be between a man and a woman, and that children need a mom and a dad.

“Today the Court got it wrong,” she says. “The activist ruling on the Defense of Marriage Act ignored the votes of a bipartisan majority of Congress. This alarming precedent disempowers Congress from making national policy with respect to marriage. We must work to defend the rights of Americans to make marriage policy. We should work to promote the truth of marriage between a man and a woman. It is wise public policy upholding the reality that every child needs a mom and a dad, and society benefits when they do.”

President Obama says he applauds the decision.

“This was discrimination enshrined in law,” Obama says. “It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.”

“This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better,” he says.

He says he’s directed the Attorney General to work with other members of his Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.

 

Defense Secretary Chuck Hagel says Defense Department officials will move forward in making benefits available to all military spouses.

“The Department will immediately begin the process of implementing the Supreme Court’s decision in consultation with the Department of Justice and other executive branch agencies,” Hagel says. “The Department of Defense intends to make the same benefits available to all military spouses — regardless of sexual orientation — as soon as possible. That is now the law, and it is the right thing to do. Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country and their qualifications to do so. Today’s ruling helps ensure that all men and women who serve this country can be treated fairly and equally, with the full dignity and respect they so richly deserve.”

Obama adds that “when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.”

AUDIO: Jessica Machetta reports (1:06)

New effort unveiled to stop financial exploitation of elderly

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Peter Kinder State officials have unveiled what they are calling the second phase of a project to stop exploitation of elderly and disabled Missourians. MOSAFE – Missourians Stopping Adult Financial Exploitation – is offering a DVD to help seniors and those who take care of seniors spot the financial rip-off warning signs.

The DVD features "Everybody Loves Raymond" star Doris Roberts. Health officials and Lieutenant Governor Peter Kinder – Missouri’s advocate for the elderly – say too many people are being financially exploited. State Health Director Jane Drummond says more often than not the exploiters already have a relationship with the victims – perhaps children or friends – as they are trusted by the victim.

The first video debuted in 2005 and provided training to financial institutions to help them recognize and report suspicious behavior by their customers and help prevent or intervene in cases of financial abuse.

Download/Listen: Steve Walsh report (:60 MP3)

Legislative Committees Consider Abortion Bills

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House and Senate committees are considering legislation regarding consent requirements for obtaining abortions. Under both the House and Senate versions of the bill ( HB 1831 & SB 1058 ), abortions could not be performed or induced without the voluntary, informed, and uncoerced consent of the woman at least 24 hours prior to the abortion.

Representative Bob Onder (R-Lake St. Louis), the House sponsor, says the 24 hour requirement is designed to give the woman the opportunity to be fully informed about the procedure and options to that procedure.

The legislation is opposed by Planned Parenthood. Michelle Trupiano, who represents Planned Parenthood affiliates in Missouri, says safeguards are already in place at all abortion clinics in Missouri, so there is no need for this legislation.

In addition to Planned Parenthood and other abortion-rights organizations, the legislation is also opposed by the American Civil Liberties Union. The ACLU of Eastern Missouri raises free speech concerns because of a component which could make it a crime for a man to engage in certain conversations with a woman involving his desire that she obtain an abortion.

Download/Listen: Steve Walsh reports (:60 MP3)

Sponsor Plans Appeal of Voter Photo ID Ruling

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A ruling striking down the Voter Photo ID law will be appealed. Senator Delbert Scott (R-Lowry City), the sponsor of the bill during this year’s legislative session, says the case hasn’t ended with the ruling handed down by Cole County Circuit Judge Richard Callahan. Scott says he’s disappointed with the broad scope of the ruling. Callahan struck down several aspects of the bill, saying they violated the state constitution by infringing on the fundamental right to vote. The only bright spot Scott finds in the ruling is that Callahan dismissed suggestions that legislators pushed the bill, because they wanted to keep certain people from voting. The lawsuit combined two complaints, one of which contained a claim that Republicans pushed the bill through the legislature to suppress Democrat votes, especially ballots cast by black voters. Scott says he has been talking with his attorney. He says no legal strategy has been determined yet. Both sides in the lawsuit predicted the legal challenge will eventually end up before the State Supreme Court.

Federal Lawsuit Filed Against Voter Photo ID Law

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A federal lawsuit has been filed against Missouri’s new law that requires voters display photo identification to cast a ballot. The lawsuit, filed in the Western District Court of Missouri, claims the new law violates the US Constitution as well as federal voting laws. A host of groups as well as two individuals filed the lawsuit. Attorney David Becker with People for the American Way says the new law amounts to a poll tax, because it would require people to buy underlying documents to receive a free photo ID from the state. New federal rules require a birth certificate to get a driver’s license and require many married women to produce a marriage certificate to document their change of name. The lawsuit claims that one of the plaintiffs, Maria Frencher of Kansas City, faces insurmountable obstacles in acquiring the needed identification, even though she has been a registered voter for 13 years. The federal lawsuit comes even as a circuit judge is considering the arguments made in a state lawsuit filed against the law.

Related web sites:
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Effort to Raise Awareness of New Voting Requirement Underway

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An attempt to raise awareness about Missouri’s new requirement that voters present photo identification before casting a ballot in November is underway by the state officeholder who opposed the idea. And even as Secretary of State Robin Carnahan travels the state, the Department of Revenue continues to assure Missourians it has enough time to get proper identification in the hands of everyone who wants to vote in November. The Department of Revenue is within the Blunt Administration. Governor Blunt and Secretary of State Carnahan have been at odds over the requirement, an issue that divided state government along party lines. Blunt, and fellow Republicans, say the requirement will reduce the chances for voter fraud. Carnahan, and fellow Democrats, insist it’s a solution seeking a problem; that Republicans have yet to prove voter fraud is a real problem in the state. Republicans used their majority status in the House and Senate to approve the measure this session and send it to Blunt for his signature. The photo ID requirement begins with the November elections. The American Civil Liberties Union (ACLU) has filed suit against the new law, claiming the legislature violated the constitution by not appropriating money for local governments to carry out its provisions. The new law calls on the Secretary of State’s office to notify voters about the new requirement. The Department of Revenue is required to issue photo identification without charge to those who lack a driver’s license or passport, both of which can be used to fulfill the new requirement. Carnahan is traveling to Maplewood, Kansas City, Springfield and Jefferson City to raise awareness about the new requirement. Carnahan is calling her office’s initiative “Show Your Face at the Polls”. It will include public service announcements in the media to make Missourians aware of the change. The Department of Revenue will dispatch 25 mobile units to issue photo identification to those who don’t have it, especially senior citizens living in nursing homes. The Revenue Department estimates there are 170,000 voting-age Missourians who don’t have a driver’s license or other photo identification. A spokesman for the Revenue Department says he doesn’t expect all 170,000 to either want photo identification or to be eligible to vote for various reasons.

Prison Abortion Rights Upheld

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A court ruling that forced the state to transport a pregnant female prisoner to an abortion clnic last year has been made to apply to all women in Missouri prisons. Federal Judge Dean Whipple has ruled that the US Supreme Court order that Missouri provide the transportation and guards to the inmate, known only as Jane Roe, applies to any pregnant inmate who wants an abortion. Whipple made the original ruling that the state must provide transportation and guards so that Roe could be taken from the Vandalia prison to a St. Louis abortion clinic. The state estimated the cost for transportation and guard salaries at $350. Roe had been sentenced to four years in prison after being arrested for probation violation in California. She had an abortion October 20th, three days after the US Supreme Court upheld Whipple’s ruling. The American Civil Liberties Union asked the court to make the ruling a class action on behalf of all pregnant women imprisoned in Missouri. The ACLU states that at least one female inmate was denied transportation to an abortion clinic since the Roe case. Governor Blunt has urged the Attorney General to appeal the decision, stating, “This ruling violates our traditional Missouri values and is an affront to everyone that values the sanctity of human life.”