Nathaniel Hendren is accused of taking another person鈥檚 life. .
The 果酱视频 cop is charged with killing fellow police officer Katlyn Alix in a version of Russian roulette. He鈥檚 monitored by a GPS ankle bracelet at an undisclosed location that is not a jail.
About 130 miles to the north and west, Vance Cole is behind bars.
Two judges have said he shouldn鈥檛 be there, that . But there he is.
In 2013, Cole pleaded guilty to first-degree vehicle tampering, a felony, and misdemeanor stealing. He was sentenced to 10 years in prison as a prior and persistent offender. But the Carroll County Circuit Court judge didn鈥檛 think he was all that dangerous to society, so he suspended the sentence and put Cole on five years鈥 probation.
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Of course, this being Missouri, the judge also slapped Cole with a $2,400 bill for the time he had already spent in the county jail.
Hendren and Cole have nothing to do with each other. Their cases are totally unrelated.
But their disparate treatment offers a glimpse into a fundamental problem in the application of criminal justice in Missouri. , there are different rules applied to residents depending on their lot in life. It affects white and black, poor and rich, city dwellers and small-town folks.
Hendren has top-notch legal representation who is making sure all of his civil rights are protected.
It鈥檚 how it should be.
Cole was sent to prison in part because of a hearing in which he didn鈥檛 have an attorney.
It was Oct. 28, 2015. Because of a provision in Missouri law that awards earned compliance credits to parolees who fulfill the conditions of their probation, Cole was a couple of months away from being free and clear of his sentence. The court had noted in his file multiple alleged probation violations, but it hadn鈥檛 held a hearing on any of them. He had earned enough credits, therefore, to be off of probation as of February 2016.
But the judge hauled him before the court and noted he hadn鈥檛 yet paid his jail bill. The judge converted the jail bill to 鈥渞estitution鈥 even though there鈥檚 no provision in Missouri law allowing that, and he suspended Cole鈥檚 ability to earn compliance credits. In January 2017, the jail bill still unpaid, the judge revoked Cole鈥檚 probation and sent him to prison.
He鈥檚 still there.
Last year, Amanda Langenheim of the state public defender鈥檚 office took up his case. She filed a writ of habeas corpus with the Circuit Court of Randolph County arguing that the previous judge exceeded his authority by converting the jail bill into restitution and suspending Cole鈥檚 earned compliance. Circuit Court Judge Scott Hayes agreed with Langenheim and issued a writ that should have set Cole free.
Enter Attorney General Eric Schmitt.
Just a couple of weeks earlier, Schmitt, a Republican, had filed with the Missouri Supreme Court supporting the public defender鈥檚 office in a case seeking to end a debtors prison scheme that jails poor defendants for an inability to pay jail board bills. In this case, however, Schmitt filed a motion that would keep Cole in jail. In his motion to quash the writ that would have freed Cole, Schmitt argued that it was important for judges to maintain broad discretion over probation.
The apparent contradiction in positions did not go unnoticed in the Court of Appeals, which determined in late February that Cole should indeed be a free man, in part because the Carroll County judge had no authority to convert court costs to restitution.
鈥淥f note, some of these 鈥榗ourt costs鈥 were related to board bills, and the Attorney General has recently taken the position in an amicus brief filed in a case pending before the Missouri Supreme Court ... that 鈥楳issouri law does not authorize the taxation of debt 鈥 [board bills], as court costs,鈥欌 wrote Presiding Judge Mark Pfeiffer on behalf of a three-judge panel.
Cole, who is 42, missed his oldest daughter鈥檚 graduation from high school because he was behind bars. His youngest daughter is slated to graduate this year.
Langenheim hopes her client is able to attend that milestone event.
鈥淭wo Missouri courts have ordered Vance鈥檚 immediate release from his unlawful confinement,鈥 she says. 鈥淗is continued confinement, in large part, rests on whether the attorney general intends to continue to litigate his case.鈥
A spokesman for Schmitt says he鈥檚 reviewing the Court of Appeals decision and won鈥檛 comment on 鈥渁ny further steps at this time.鈥
In effect, Schmitt is arguing with himself.
On Jan. 7 he wrote that taxing jail board bills as court costs was an 鈥渆xcessively harsh鈥 practice that is ultimately 鈥渟elf-defeating as a policy matter.鈥 Two weeks later he filed a motion that kept a man in state prison because a judge used the failure to pay such a board bill as a precursor for a probation violation.
Schmitt can be on the side of criminal justice reform.
Or he cannot.
It鈥檚 time to choose.
Jailed for being poor is Missouri epidemic: A series of columns from Tony Messenger
Tony Messenger has written about Missouri cases where people were charged for their time in jail or on probation, then owe more money than their fines or court costs.聽
The Pulitzer Prize board considered these columns when it decided to award the prize for commentary to metro columnist Tony Messenger.聽
In a twist of irony, one judge no longer calls them 鈥減ayment review hearings.鈥 Instead, he鈥檚 even more direct. Now they are called 鈥渄ebt colle…
鈥淭he jail is emptying out. People that do come in are able to bond out quickly. None of the girls here are being held for financial reasons. T…
In a case of civil contempt 鈥 such as when a judge jails a reporter for not revealing a source, or an attorney for failing to follow an order …
Even with the state鈥檚 top court making progress in eradicating the practice of putting people in jail because they can鈥檛 afford to be in jail,…
鈥淭here are a pile of cases where people owe us money,鈥 the judge told the defendant, a painter, who said he was having a hard time finding wor…
No longer, the court said in one voice, can judges in Missouri threaten indigent defendants with jail time for their inability to be able to a…
Disparate treatment of people charged with crimes offers a glimpse into a fundamental problem in the application of criminal justice in Missou…
Weiss wants the Legislature to make it illegal for counties to charge defendants for their time behind bars.
鈥淗ow can they cancel a court date then issue a warrant without even telling you the new court date?鈥 Sharp wonders.
His bill would stop the practice in Missouri of state police agencies avoiding state jurisdiction by seeking asset forfeiture under guise of f…
"He sat in jail because he was poor," public defender Matthew Mueller聽said of his client.
The two defendants are Exhibits A and B of why Missouri has become the front line in a national war on poverty and the courts.
She knows what she did was wrong. She knows she should have been punished.
鈥淚t's been a hard road,鈥 she told me recently. 鈥淩eally hard.鈥
For decades, Missouri鈥檚 corrections budget has been rising. So has its prison population, with a 鈥渢ough on crime鈥 philosophy filling prisons w…
鈥淲e鈥檙e hamstringing the very people who we want to go out and get a job,鈥 Lummus says. 鈥淚t鈥檚 self-defeating.鈥
In his regular appearance on the McGraw Milhaven show on KTRS radio, Metro columnist Tony Messenger discusses his ongoing debtors' prison series.
He did his time. Then he got the bill: $3,150 for his stay behind bars.
A year-end update on some of the cases Tony Messenger wrote about during 2018.
The primary difference between the poor people who have been 鈥渢errorized鈥 in Edmundson or Jennings or Ferguson, compared with those in Salem a…
The Court of Appeals in the Western District of Missouri determined that the practice of using the courts to try to collect board bills is ill…
Some counties in Missouri don't charge board bills. Those include聽the most urban counties in the state: both the city and county of 果酱视频,…
I did my time and then some. This is how they get people. They keep them on probation and then if they don't pay their board bill they violate…
By 2009, Rapp was behind in her payments and the court revoked her probation. She did a couple of days in jail and her cash bond of $400 was a…
Every week in Missouri, a judge somewhere holds a crowded docket to collect room and board from people who were recently in jail. The judges c…
鈥淚 don鈥檛 see why he has to keep going to court every month,鈥 she says. Sharon uses her Social Security income to try to keep him out of jail. …
Because Precious Jones was late to jail, prosecutor and judge seek to add to her sentence.
The Missouri Supreme Court and Missouri Legislature should revisit their 2015 and 2016 efforts to reform courts. More work is necessary.
Other than now being required to meet federal standards for that drug testing, private probation companies face nearly no oversight in Missour…
鈥淚 messed up on probation,鈥 he says. 鈥淚t was my fault.鈥 Still, he doesn鈥檛 think it makes sense that he鈥檚 still hauled to court once a month wi…
Murr owed Dent County about $4,000 for her 鈥渂oard bill鈥 for the 95 days she had been jailed.
The domestic violence victim, Gaddis says, wouldn鈥檛 make a report to police because she feared going to jail herself and losing her child.聽
鈥淭hey make you jump through hoops,鈥 Bote says, 鈥渁nd then they keep moving the hoops higher.鈥
William Everts stole from a church. Almost immediately, he knew it was a bad idea.
Bergen has the sort of back story that would inspire one of the movies or television episodes based in the Ozarks that seem to be all the rage…
Clark ended up spending 495 days in county jail awaiting a trial that still hasn鈥檛 come.
Pritchett first called me last year, after I wrote about a St. Francois County woman who was sent to prison for failing to pay court costs. He…
Rob Hopple had been in jail since May after falling behind on payments on an ankle bracelet. Court dates kept coming and going, with the prose…
The bills are that high because the two criminal defendants couldn鈥檛 afford to pay for an initial sentence behind bars for relatively minor of…
鈥淭he practical reality is that people are being arrested for being poor,鈥 Mueller says. 鈥淎nd there鈥檚 nothing they can do about it. They just s…
At least twice in recent years, the Missouri Supreme Court has overturned harsh sentences issued by a judge after she sent people to prison so…
Branson, in early 2018, was in Desloge, Mo., now, living with her 15-year-old son, checking in with her parole officer, hoping never to go bac…
Officially, Victoria Branson鈥檚 probation was revoked because she never paid the state the past due support and the court costs, which rang up …