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MSU Professor: same-sex marriage issue puts Koster in ‘awkward’ political position

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The issue of gay marriage seems sure to feature in the 2016 race for governor in Missouri after four same-sex couples were married last week in St. Louis. Their unions set up a challenge to Missouri’s constitutional ban on gay marriage that Democratic Attorney General and gubernatorial candidate Chris Koster must defend.

Missouri State University Department of Political Science head Dr. George E. Connor

Missouri State University Department of Political Science head Dr. George E. Connor

In a statement Koster says he supports “marriage equality,” but has indicated he will defend the state’s laws.

Missouri State University Political Science Department head, professor George E. Connor, says he thinks the situation could come back to hurt Koster more than help him.

“I think Mayor (Francis) Slay’s action really may come back to hurt Attorney General Koster more than help him,” says Connor. “Although we’re talking about years down the road before the general election, it is difficult for me to see a statewide movement towards legalization of gay marriage so much that it would help Attorney General Koster in a statewide bid. Right now I don’t see that.”

AUDIO:  Connor elaborates on whether the gay marriage issue hurts Koster in the 2016 gubernatorial race

Conner says there is evidence that Missouri voters are leaning more conservative now than they did when they enacted a constitutional ban on gay marriage a decade ago. He says that is the product of population shifts as much as ideological shifts.

“The decline in Missouri population is in predominately Democratic areas and the growth in Missouri population is in predominately Republican areas,” says Connor. “I think that puts a Democrat running for statewide office in a pickle, basically.”

AUDIO:  Connor is asked whether it is definitively known where current Missouri voters stand on the issue of same-sex marriage

Connor says no matter what happens in the next two years, Republicans will make an issue of how Koster argues the state’s case.

AUDIO:  Connor on what Republican campaign managers will look for in Koster’s defense of the same-sex marriage ban

The issue is also expected to attract the attention, and the funding, of interest groups from outside Missouri.

“As we have seen in other states where gay marriage has been questioned or challenged, the money begins to pour in from outside interest groups,” says Connor, “So it becomes not an issue being decided by the citizens of Missouri so much as it is decided by the money of outside interest groups and this is going to be true on both sides of the issue.”

Connor says Koster’s statement on the four marriage licenses issued to same-sex couples last week in St. Louis attempts to speak to voters on both sides of the issue, and portions of it will likely be used in campaigns both for and against him.

Attorney General issues statement regarding same-sex marriages in St. Louis

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Missouri’s Attorney General has issued a statement on the issuing of same-sex marriage licenses by the St. Louis Recorder of Deeds to four couples, who were married in a ceremony in St. Louis Mayor Francis Slay’s office on Wednesday.

Attorney General Chris Koster

Attorney General Chris Koster

As Attorney General, it will fall on Chris Koster to argue against those licenses in light of the Missouri Constitution’s ban on same-sex marriage.

Koster writes, “While I personally support the goal of marriage equality, my duty as Attorney General is to defend the laws of the state of Missouri. While many people in Missouri have changed their minds regarding marriage equality, Missourians have yet to change their constitution.

“Cases currently pending in Jefferson City and Kansas City regarding the constitutionality of Missouri’s ban against same-sex marriage will be decided in the coming months. Regardless of my personal support for marriage equality, such vital questions cannot be decided by local county officials acting in contravention of state law.

“Therefore, I have asked the St. Louis Circuit Court to prevent the St. Louis City Recorder of Deeds from issuing such marriage licenses until this matter can be resolved by our state’s judiciary. This question will likely be fully answered by our Missouri courts within the next 12-18 months.”

 

St. Louis sets up test to Missouri’s constitutional ban of same-sex marriage

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The City of St. Louis has set up a challenge to Missouri’s constitutional ban on gay marriage by issuing marriage licenses to four same-sex couples in a ceremony Wednesday night at City Hall. The four couples were then married by a municipal judge in the office of Mayor Francis Slay.

St. Louis Recorder Sharon Quinn Carpenter and the four couples married in the office of Mayor Francis Slay on Wednesday. (courtesy; St. Louis Recorder's Twitter feed)

St. Louis Recorder Sharon Quinn Carpenter and the four couples married in the office of Mayor Francis Slay on Wednesday. (courtesy; St. Louis Recorder’s Twitter feed)

The city says it will voluntarily stop issuing any more same-sex marriage licenses as it expects to defend the first four, in a challenge to the constitutional ban. City officials tell the St. Louis Post-Dispatch they will take the issue all the way to the U.S. Supreme Court if necessary.

Slay said the ceremony made him proud. “St. Louis is a city that doesn’t tolerate discrimination. We are sending a message on what’s right, and I can’t think of anything more right than this.”

The Attorney General’s Office Thursday morning sought a temporary restraining order blocking the city’s Recorder of Deeds from issuing further marriage licenses. Circuit Judge Rex Burlison denied that motion, noting that Recorder Sharon Quigley Carpenter agreed that while the case is going on she would issue such licenses only after giving the Attorney General’s Office and the Court two business days’ notification. A spokeswoman for the Attorney General says a hearing will be held at a later date on preliminary and permanent injunctions.

Missouri voters in 2004 approved an amendment to the state Constitution defining marriage as only being between a man and a woman.

Federal appeals courts on Wednesday issued rulings against same-sex marriage bans in Utah and Indiana.

Missouri executes John Winfield for 1996 double murder (VIDEO)

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Missouri has carried out the execution of 46-year-old John Winfield for the murders of two women in St. Louis County 18 years ago. Winfield received a lethal injection of pentobarbital at 12:01 Wednesday morning and was pronounced dead at 12:10.

John Winfield (courtesy; Missouri Department of Corrections)

John Winfield (courtesy; Missouri Department of Corrections)

Winfield appeared to tell the witnesses that were there for him, “I love you,” after the curtains were opened to the execution chamber. After the 5 grams of the drug was administered, Winfield took a series of deep breaths and then stopped moving. The execution appeared to take less than a minute.

Winfield declined to make a final statement and did not accept food prior to the execution. His body was released to one of his attorneys.

The execution was witnessed by five members of the family of one of the women he killed, Shawnee Murphy, as well as his ex-girlfriend Carmelita Donald whom he shot four times leaving her blind, three members of her family, his mother, his daughter, and two of his friends. There were no representatives present of the other woman he fatally shot, Arthea Sanders.

Winfield is the seventh man executed in Missouri since November, and the seventh since the state began using pentobarbital compounded by a pharmacy that the Department of Corrections will not officially confirm the identity of.

Missouri Department of Corrections spokesman Mike O’Connell offers the timeline of the John Winfield execution.

Winfield’s execution proceeded after the United States Supreme Court declined two applications for stays filed by his attorneys. One asked for a stay until the resolution of an appeal Winfield had pending in the 8th Circuit Court of Appeals related to Missouri’s execution protocol. The other had asked the Court to stay his execution while it reviewed the 8th Circuit Court’s records and considered his argument that consideration of his petition for clemency was interfered with by Department of Corrections officials.

A short time later, Governor Jay Nixon (D) denied Winfield’s petition for clemency.

In a statement, Nixon wrote, “John Winfield’s violent rampage on the night of Sept. 9, 1996, left two women dead and another permanently blinded. The two murder victims, Arthea Sanders and Shawnee Murphy, were killed while trying to help Carmelita Donald escape from the armed Winfield. Carmelita Donald herself was shot and permanently blinded by Winfield, who showed no mercy that night on his victims. The jury in this case properly found that these heinous crimes warranted the death penalty, and my denial of clemency upholds the jury’s decision.

“I ask that the people of Missouri remember the victims of John Winfield, both those who were killed and those who survived, and keep them and their families in their thoughts and prayers.”

After the execution was carried out, Attorney General Chris Koster also issued a statement. He writes, “Nearly two decades have passed since John Winfield’s cowardly acts of rage and jealously changed the lives of three families forever. He brutally murdered two defenseless young women, one in front of her children, and attempted to murder the mother of his own children, leaving her permanently disabled. For his actions, a court lawfully sentenced him to death under Missouri law, and tonight that sentence has been carried out.”

Ahead of Winfield’s lethal injection, Missouri was again the subject of national attention for its executions. It was one of three executions scheduled to take place within 24 hours of one another from Tuesday to Wednesday evening. It became the second execution since one widely regarded as “botched” in Oklahoma; that of Clayton Lockett in April.

An independent autopsy has revealed that the execution team there failed to set a properly functioning intravenous tube in Lockett’s leg. He died of a heart attack 43 minutes after the first drugs were administered.

A condemned Georgia inmate, Marcus Wellons, was executed late Tuesday night by lethal injection for the 1989 rape and murder of a 15-year-old girl. In Florida, John Ruthell Henry is scheduled to be executed Wednesday evening for murdering his wife in 1985.

 

Winfield attorneys seek stay from U.S. Supreme Court Associate Justice

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Attorneys for convicted murderer John Winfield have asked U.S. Supreme Court Associate Justice Samuel Alito to issue a stay in Winfield’s execution, scheduled for early Wednesday morning at the Eastern Reception, Diagnostic and Correctional Center at Bonne Terre.

John Winfield (courtesy; Missouri Department of Corrections)

John Winfield (courtesy; Missouri Department of Corrections)

A stay issued last week by a federal judge in St. Louis is still in place.

His attorneys ask Justice Alito to halt the execution until his appeal filed in a case brought by several condemned Missouri inmates is resolved. That is pending in the Eighth Circuit Court of Appeals, which has declined to stay the execution in light of it.

Justice Alito has issued stays in other recent executions scheduled in Missouri, including that of inmate Russell Bucklew, which last month was halted by the full Court after Alito’s action.

See Winfield’s attorneys’ filing with the US Supreme Court (pdf)

See the Missouri Attorney General’s Office’s response (pdf)

Winfield’s attorneys say a lower court agreed with their arguments that Winfield faces a risk of being harmed by Missouri’s use of pentobarbital that is unregulated by the Food and Drug Administration, provided by an unknown maker, of unknown composition, and made through an unknown process, but the court dismissed his claim because Winfield and the other prisoners did not point to a comparatively safer method of execution.

They also argue that the state’s method of execution could cause Winfield “serious illness and needless suffering.” They point to the halting of the Bucklew execution as an acknowledgement by the Supreme Court of hazards posed by Missouri’s execution method.

The Attorney General’s Office responds to the request for a stay by saying Winfield’s pending appeal does not entitle him to a stay of execution, based on prior rulings.

It responds to the argument that Winfield might suffer by noting Missouri has carried out six executions using pentobarbital and more than 120 witnesses have reported nothing to suggest that those were not quick and painless. It says nothing has changed since the Supreme Court denied stays in those six cases regarding the existence of a more humane form of execution.

Of the Bucklew reference, the Attorney General’s Office says the halting of his execution was based on his health problems, which Winfield does not suffer from.

U.S. District Judge Catherine D. Perry last week issued a stay of Winfields’s execution based on concerns that Department of Corrections officials interfered with the clemency process.  The Attorney General’s Office has asked for that order to be changed.

Winfield was sentenced to death for the 1996 murders of Arthea Sanders and Shawnee Murphy, friends of his then-girlfriend, Carmelita Donald, whom he also shot, rendering her blind.

UPDATE: Attorney General asks federal judge to change order halting next week’s execution

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The Attorney General’s Office has filed its response to the stay of execution issued for convicted inmate John Winfield, who is scheduled to be executed Wednesday.

A federal judge on Thursday issued the stay citing concerns that Department of Corrections officials interfered with the clemency process. Winfield’s attorneys say a Corrections employee was pressured not to write a letter in support of their request for clemency for Winfield.

Attorney General Chris Koster argues that the claim is moot because a copy of the employee’s letter in support of Winfield is available in public record and media reports. He says Winfield’s attorneys failed to prove that the Governor’s Office had no knowledge of the employee’s statement.

Winfield was sentenced to death for the 1996 murders of Arthea Sanders and Shawnee Murphy. They were friends of his ex-girlfriend, whom he also shot and rendered blind.

See earlier story

Attorney General’s office finds propane price spikes caused by market factors

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The Attorney General’s Office says several factors drove up the cost of propane for Missouri customers last winter and says they could continue in future winters, but price gouging was not one of them.

In a report released today Attorney General Chris Koster says low propane supplies from November through the winter were mixed with high demand due to a record corn crop that was wetter and came in later than normal, and an unusually cold and early winter. Propane exports also set records and cut into domestic supplies, and changes in recent years to the path propane must take to the Midwest make it hard to quickly redirect supplies when demand spikes.

Koster says his office talked to propane industry representatives, government entities and consumers and reviewed pricing and profit data from retailers looking for evidence of gouging. It also investigated about 250 complaints from Missouri consumers regarding propane prices and interviewed 80 consumers. It has recovered more than $3,000 for Missouri propane consumers and continues mediation on other complaints.

“While our investigation concludes that market forces drove higher propane prices, we are still actively responding to complaints from Missouri propane consumers on a case-by-case basis,” says Koster. “My office will continue to examine each circumstance to determine if propane suppliers violated Missouri consumer protection laws during this period of price instability.”

The report cautions that the production, infrastructure and export patterns to which it attributes the price spikes of the winter of 2013/14 could continue into future winters. It offers several suggestions to consumers to protect against future price instability.

Those are:

  • Consider a pre-purchase fixed price or maximum price plan offered by propane dealers during warmer months.
  • Consider the supplier’s track record and reputation, and shop around. Some suppliers have a greater ability to access inventory during times of peak demand.
  • Research whether it makes sense to own or lease a tank. Consumers who own their own propane tank often have greater flexibility in choosing a supplier, while those who lease must often only purchase propane from the tank owner.

Koster’s office conducted the investigation at the request of Senator Mike Parson (R-Bolivar) and Representative Jay Houghton (R-Martinsburg).  Consumers reported spikes in propane prices from less than $2.00 per gallon to more than $5.00 per gallon from December 2013 to January 2014.

Read the full report here

U.S. Supreme Court stays Russell Bucklew execution, Gov. Nixon denies clemency

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The U.S. Supreme Court has issued a stay of execution for condemned Missouri inmate Russell Bucklew. He was sentenced to die by lethal injection after midnight Wednesday morning for the 1996 murder of Michael Sanders.

Russell Bucklew (courtesy, Missouri Department of Corrections)

Russell Bucklew (courtesy, Missouri Department of Corrections)

Attorney General Chris Koster (D) says the full Court is anticipated to consider Bucklew’s pending requests on Wednesday. He notes in his statement that the execution warrant for Bucklew is valid through midnight, Wednesday night, meaning the execution could be carried out any time May 21.

Bucklew’s attorneys argue that he suffers from malformed blood vessels that could increase the risk of pain and suffering or a prolonged lethal injection.

The timing of this stay by the U.S. Supreme Court is similar to events leading up to the execution of Allan Nicklasson in December.  He had been scheduled to be executed at 12:01 the morning of December 11 but a stay was issued by the Court late the night before, with the Court hearing arguments on December 11.  His execution was eventually carried out after a delay of nearly 23 hours.

Governor Jay Nixon (D) has meanwhile denied a petition for clemency for Bucklew.

In his statement, Nixon says, “Russell Bucklew came to the home of Michael Sanders armed and with the intent to murder him. After storming into the home and fatally shooting Mr. Sanders, Bucklew fired a shot at Sanders’ six-year-old son, but missed. Bucklew then continued on a rampage of violence, including the armed kidnapping and rape of his former girlfriend and a shootout with the Missouri State Highway Patrol that left a trooper wounded. The jury in this case properly found that these heinous crimes warranted the death penalty, and my denial of clemency upholds the jury’s decision.

“I ask that the people of Missouri remember Michael Sanders and keep his family, as well as the other victims of Russell Bucklew’s crimes, in their thoughts and prayers.”

 

Judge rules Missouri is due more tobacco settlement money

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A circuit judge has ruled Missouri is due nearly $50-million more in this year’s tobacco settlement payment.

The office of Attorney General Chris Koster says the St. Louis Circuit Court ruling partially vacates a 2013 arbitration panel decision that cost Missouri about $70-million from this year’s payment.

Koster has notified the independent auditor that calculates the settlement payments to Missouri and demanded that Missouri’s payment be revised to reflect the new ruling.

In a statement Koster says, “This money will provide needed support for state priorities like public education. I thank our dedicated team of attorneys, who have litigated this case for years to ensure that Missouri receives its fair share of the settlement money.”

The 2013 ruling against Missouri stemmed from the allegation by tobacco companies that participated in the 1998 Master Settlement Agreement (MSA) that many states, including Missouri, failed to diligently enforce state tobacco laws in 2003. Those companies argued they were entitled to withhold a large portion of their payment for 2003 under the terms of the agreement.

22 states settled their cases. The 3-judge panel issued its 2013 decision against Missouri and five other states that did not settle, and ruled that they were responsible not only for their own share of the loss but also for the shares of the states that had settled. Friday’s ruling stems from a suit filed by Koster last fall arguing that reallocating the liability of the settling states onto the six states that didn’t settle violated the terms of the MSA.

Attorney General issues statement on execution of William Rousan

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Attorney General Chris Koster has released a statement regarding the execution Wednesday morning of William Rousan for the 1993 murder of Grace Lewis.

Koster writes, “William Rousan displayed an appalling indifference to human life in the murders of Charles and Grace Lewis. He showed his true character by ordering his 16-year-old son to kill Mrs. Lewis, all so they could steal two cows, soda, a VCR, and some jewelry. Tonight he paid the price the jury recommended nearly 18 years ago. My thoughts and prayers are with the family and friends of Charles and Grace Lewis.”