Ozark Archives - Missourinet

Missouri lawmaker under federal indictment is asked to resign by House Speaker

February 4, 2021 By Brian Hauswirth

The Missouri House Speaker is asking a fellow GOP House member to resign her seat, after she was indicted by a federal grand jury in Springfield for an alleged stem cell fraud scheme. The indictment was unsealed and made public on Monday.

U.S. Attorney Tim Garrison announces a 20-count federal indictment against Rep. Tricia Derges on February 1, 2021 in Springfield (photo courtesy of the U.S. Attorney’s office)

House Speaker Rob Vescovo, R-Arnold, announced Wednesday that he’s removed State Rep. Tricia Derges, R-Nixa, from all committee assignments.

“After speaking with her and with the caucus, I am asking her to resign her seat with the House. The legal process will ultimately determine her guilt or innocence, but this is clearly a time for her to spend with her family as she focuses on her legal issues, and for the people of the 140th district (in southwest Missouri’s Christian County) to move forward with selecting a replacement who can effectively advocate for their interests,” Speaker Vescovo says, in a written statement.

As for Representative Derges, she remains in the Missouri House. Missourinet contacted her office for a response to Speaker Vescovo’s statement, and she hadn’t responded by this posting.

U.S. Attorney Tim Garrison announced the 20-count federal indictment during a Monday press conference in Springfield.

“This defendant abused her privileged position to enrich herself through deception,” U.S. Attorney Garrison told reporters on Monday. He also notes the indictment alleges she lied to her patients and to federal agents.

Federal prosecutors say the investigation started “as a result of false or misleading statements” made by Derges in April 2020 to a Springfield television station, about her potential use of stem cells to treat COVID-19.

The 63-year-old Derges was elected to the House in November. Garrison says she operates three Ozark Valley Medical Clinic locations in Springfield, Ozark and Branson.

Missouri Governor Parson: Barton execution “will move forward as scheduled”

May 18, 2020 By Brian Hauswirth

The governor says the execution of a convicted southwest Missouri killer will move forward, clearing the way for Tuesday evening’s scheduled execution in Bonne Terre.

Convicted murderer Walter Barton is scheduled to be executed on May 19, 2020 at the maximum-security prison in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

Governor Mike Parson told Capitol reporters on Monday in Jefferson City that he hasn’t seen any reason to intervene in Walter Barton’s scheduled execution, saying “that will move forward as scheduled.”

Parson spokeswoman Kelli Jones told Missourinet on Monday evening that, at this time, “Governor Parson fully anticipates carrying out the court order and discharging his duties as prescribed by law, on May 19.”

In another defeat for Barton, the 8th Circuit Court of Appeals has vacated U.S. District Judge Brian Wimes’ stay in the case. In a nine-page ruling, the Circuit Court of Appeals wrote, in part: “We vacate the stay of execution and remand with instructions to dismiss Barton’s petition because we see no possibility of success on the merits of either of Barton’s claims.”

Barton’s attorneys have made two main claims: that he is innocent and is also incompetent to be put to death.

Barring intervention from the U.S. Supreme Court, Barton will be executed by lethal injection Tuesday night at the maximum-security prison in Bonne Terre.

He was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler in Ozark, south of Springfield. She managed a mobile home park. Court documents say that Kuehler, who was unable to move without the assistance of a cane, was stabbed more than 50 times, including 23 times in the back.

The court documents also indicate that her throat “had been cut from ear to ear.”

Judge Wimes issued the stay of execution on Friday, saying he needed more time to review the claims from Barton’s lawyers.

This case has been working its way through the state and federal court system for almost 30 years. The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Barton’s attorneys are hoping the U.S. Supreme Court will consider the case on Tuesday. Unless the U.S. Supreme Court issues a stay, Barton will be executed.

UPDATE: 8th Circuit Court of Appeals vacates stay of execution for convicted Missouri killer

May 17, 2020 By Brian Hauswirth

UPDATE: The 8th Circuit Court of Appeals has issued a ruling, vacating the stay of execution for convicted southwest Missouri killer Walter Barton.

In their nine-page ruling, the 8th Circuit Court of Appeals writes, in part: “We vacate the stay of execution and remand with instructions to dismiss Barton’s petition because we see no possibility of success on the merits on either of Barton’s claims.”

Barton is scheduled to be executed Tuesday evening at the maximum-security prison in Bonne Terre. Barring intervention from the U.S. Supreme Court or clemency from Governor Parson, Barton will be executed by lethal injection.

BRIAN’S ORIGINAL STORY FROM MAY 17, 2020:

A federal judge has issued a stay of execution in the case of a convicted southwest Missouri killer, who was scheduled to be executed Tuesday evening at the maximum-security prison in Bonne Terre.

Convicted murderer Walter Barton’s case has been working its way through the court system for almost 30 years (undated photo courtesy of the Missouri Department of Corrections)

64-year-old Walter Barton was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler. She managed a mobile home park in the small town of Ozark, which located in Christian County, south of Springfield.

U.S. District Judge Brian Wimes issued the stay on Friday, saying he needs more time to review claims from Barton’s attorneys. Judge Wimes has given Barton a 30-day reprieve, and outlines his reasons in a seven-page ruling.

“At a minimum, equity requires this Court’s meaningful consideration the petition for habeas relief, which the Court anticipates would require no more than 30 days from today’s (May 15th) date to complete,” Judge Wimes writes.

Missouri Attorney General Eric Schmitt’s office is appealing the stay. Unless the federal Circuit Court of Appeals or the U.S. Supreme Court lifts the stay, Barton will not be executed Tuesday.

Barton’s attorneys have raised concerns about evidence used at the trial, and the “Kansas City Star” reported Friday that the attorneys also say that Barton suffered a brain injury and is incompetent to be executed.

The arguments that Barton’s lawyers made to obtain the stay are essentially the same arguments that they used unsuccessfully in April, with the Missouri Supreme Court in Jefferson City.

In late April, the Missouri Supreme Court unanimously denied Barton’s petition for a writ of habeas corpus, which cleared the way for the execution. A writ of habeas corpus is essentially a court order that demands that a warden deliver an incarcerated person to the court and show a valid reason for the inmate’s imprisonment.

Barton’s attorney, Frederick Duchardt Jr., filed paperwork with the court, which said that Barton is innocent and is incompetent to be put to death.

In late April, the Missouri Supreme Court unanimously rejected both arguments, saying that Barton has not offered sufficient evidence to show actual innocence. The Missouri Supreme Court also found that Barton hasn’t shown that he experiences gross delusions which prevent him from understanding the meaning of the death sentence.

This case has been working its way through the state and federal court system for almost 30 years.

The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Court documents say Kuehler, who was unable to move without the assistance of a cane, was stabbed more than 50 times, including 23 times in the back. Court documents also indicate that Kuehler’s throat “had been cut from ear to ear.”

In February, the Missouri Supreme Court scheduled a May 19th execution date for Barton. Executions in Missouri are conducted by lethal injection at the prison in southeast Missouri’s Bonne Terre.

Missouri Supreme Court rejects request from convicted killer, clearing way for May execution

April 27, 2020 By Brian Hauswirth

The Missouri Supreme Court has unanimously denied a request from a convicted murderer from southwest Missouri’s Ozark, clearing the way for his execution to take place next month in Bonne Terre.

Convicted murderer Walter Barton is scheduled to be executed on May 19, 2020 in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

The Supreme Court has denied 64-year-old Walter Barton’s petition for a writ of habeas corpus. A writ of habeas corpus is essentially a court order that demands that a warden deliver an incarcerated person to the court and show a valid reason for the inmate’s imprisonment.

Barton’s attorney, Frederick Duchardt Jr., filed court papers which say Barton is innocent and incompetent to be put to death.

The Supreme Court rejected both arguments. They say Barton has not offered sufficient evidence to show actual innocence. The Supreme Court also found that Barton hasn’t shown that he experiences gross delusions which prevent him from understanding the meaning of the death sentence.

In February, the Missouri Supreme Court scheduled a May 19th execution date for Barton at the maximum-security prison in southeast Missouri’s Bonne Terre.

The case has been working its way through the court system for almost 30 years.

The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Barton was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler. She managed a mobile home park in the small town of Ozark, which is south of Springfield.

Court documents say Kuehler was stabbed more than 50 times, including 23 times in the back. Court documents indicate that her throat “had been cut from ear to ear.”

Barton will be executed by lethal injection in Bonne Terre, unless a federal court intervenes. Barton and Counselor Duchardt could also seek clemency from Governor Mike Parson.

Convicted southern Missouri killer set to be executed this spring

February 18, 2020 By Brian Hauswirth

A May execution date has been scheduled for a convicted killer from southwest Missouri’s Ozark. The case has been working its way through the court system for almost 30 years.

Convicted killer Walter Barton is scheduled to be executed on May 19, 2020 in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

The Missouri Supreme Court today set a May 19th execution date for convicted killer Walter Barton, who was sentenced to death for the 1991 killing of 81-year-old Gladys Kuehler. The elderly woman managed a mobile home park in Ozark, which is south of Springfield.

Kuehler was unable to move without the assistance of a cane, according to court documents.

Court documents say she had been stabbed more than 45 times, and that her jugular vein was severed.

One of Kuehler’s eyes was also slashed, and court documents say the victim was also struck in the head with a heavy object like a baseball bat.

The 64-year-old Barton will be executed by lethal injection at the maximum-security prison in southeast Missouri’s Bonne Terre, unless a federal judge or the U.S. Supreme Court intervenes. Barton could also request clemency from Governor Mike Parson.

The “Springfield News-Leader” notes Barton was initially convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Court documents also indicate that Barton was convicted of assaulting, with intent to kill, a convenience store clerk in 1976, before being paroled from prison in February 1984.

One month after being released from prison, prosecutors say Barton attacked, choked and threatened to kill another convenience store clerk in West Plains.