Legal Commentary

Joshua Kezer Deserves a New Trial

By TChris

The evidence against Joshua Kezer was weak. No physical evidence connected him to the murder of Angela Lawless.

Key prosecution evidence included the trial testimony of Mark Abbott, who claimed he saw Kezer near the Interstate 55 off-ramp where Lawless' body was found. However, in an interview with Scott City police 10 days after Lawless' death, Abbott had identified a different man as being near the crime scene.

Kezer's defense lawyer wasn't told about Abbott's change of story. The other witnesses against Kezer had everything to gain by implicating him.
[more ...]

Kezer also was implicated by three Cape Girardeau County jail inmates, some of whom received deals for leniency on their own charges. One of those witnesses recanted and testified for the defense at Kezer's trial, while another told Kezer he made up his account, yet still testified for the prosecution.

Given the slim and shady evidence against Kezer, it's reasonable to believe he would have been acquitted had the jury known that Abbott changed his story -- and continued to change it, eventually giving five different versions of what he allegedly witnessed. Prosecutor-turned-politician Kenny Hulshof apparently didn't want to risk losing a high profile case by divulging the full story.

The case was one of several high-profile prosecutions led by Kenny Hulshof when he worked for the attorney general's office. Hulshof went on to serve six terms in the U.S. House and was the Republican nominee for governor this year, losing to Democratic Attorney General Jay Nixon.

Kezer's request for a new trial will be decided by Cole County Judge Richard Callahan in Jefferson City, Missouri.

Full post as published by TalkLeft on December 05, 2008 (boomark / email).