U.S. District Judge Brian Wimes Archives

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.

Delay in Columbia Planned Parenthood arson trial

October 2, 2019 By Brian Hauswirth

A trial for a mid-Missouri man charged with the February arson at the Columbia Planned Parenthood clinic has been delayed.

42-year-old Wesley Brian Kaster of Columbia is charged with one count of maliciously damaging a building, owned by an organization that receives federal financial assistance, by means of fire or an explosive.

Kaster’s trial was scheduled to begin last week; however, U.S. Attorney’s office spokesman Don Ledford says Kaster requested a continuance and federal prosecutors did not object.

The new trial date is December 2 in Jefferson City, before U.S. District Judge Brian Wimes.

Federal prosecutors say surveillance video from Planned Parenthood and from neighboring businesses recorded Kaster starting at about 2:30 a.m. on February 10, when he allegedly broke the front door and placed a bucket inside the building that was later found to be filled with gasoline. Prosecutors say that after a few attempts during the next hour, Kaster allegedly ignited a Molotov cocktail-type device inside the clinic.

Ledford tells Missourinet that Kaster remains in federal custody until trial.