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1 - 8 of 8 Comments Last updated Jan 27, 2014
Dang

Warrensburg, MO

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#1
Mar 8, 2011
 

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Railroaded Part II: The Firefighters Case

South Kansas City Blast Site

Five innocent people were convicted in February 1997 in the deaths of six Kansas City firefighters in 1988. These two stories run a total length of 20,000 words, and won the Missouri Bar Association's annual "Excellence in Legal Journalism" award. On Oct. 30, 1998, the 8th U.S. Circuit Court of Appeals denied the appeal in the Kansas City Firefighters case. Read the full opinion here and our analysis of the opinion. On Oct. 4, 1999, the U.S. Supreme Court declined to grant certiorari in the case.

by J.J. Maloney

[Editor's Note: to read more about this case go to http://kcfirefighterscase.com ]
Dang

Warrensburg, MO

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#2
Mar 8, 2011
 

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Fred Martindale twice confessed to police that he started the fire leading to the explosion. The lengthier confession was videotaped. After he denied committing the crime at trial, the defense was precluded from impeaching him with the vi...deo.(See pages 3309-3310; 3320; 3330-3331) Judge Stevensís prohibition of the video violated Petitionerís Sixth Amendment right to confront a witness, as well as his right to due process. Counselís abandonment of this issue on appeal constitutes ineffective assistance. In order to prevail on a claim against appellate counsel, Petitioner will need to show that the Eighth Circuit would have likely ordered a new trial had it seen the tape (as part of the designated record on appeal) and been apprised of some solid legal precedent holding that the denial of a defendantís request to introduce anotherís confession who is not on trial is erroneous. That case is United States v. Crosby, 75 F.3d 1343 (9th Cir. 1996)(fundamental standards of relevancy require admission of testimony which tends to prove person other than defendant committed crime charged); cf. Glaze v. Redman, 986 F.2d 1192, 1996 (8th Cir. 1993)(exclusion of confession by person other than defendant not violative of due process where basis for exclusion was state law rule against uncorroborated hearsay of deceased declarant).
This claim should be certified so that this Court can view the video. Reasonable jurists certainly may debate Judge Stevensís ruling in light of Crosby, and similarly debate whether the matter should have been presented on direct appeal. Jeana Foster Bailey also may have been with him that sad night. She was his girlfriend at the time and is back with him now near Polo, MO. and works for Casey's in Richmond, MO.Fred Martindale Lives in Hide A Way Lake Just South of Polo, MO. on 13 hwy.
WOW

Lebanon, MO

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#3
Mar 8, 2011
 

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I do remember this very sad. They are running free in Richmond/ Polo Missouri while others are in jail. This is wrong the Federal Government needs to re-open this case. But this time get the right people put in jail.

“My REAL name is Henry”

Since: Sep 09

Legoland, USA

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#4
Mar 9, 2011
 

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Let's all take a deep breath and calm down, now don't you feel better?
WOW

Lebanon, MO

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#5
Mar 11, 2011
 

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R U Nuts People Died and they are running around free.

“The Constitution Matters”

Since: Jan 11

United States

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#6
Mar 11, 2011
 

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They always want to convict the first person the suspect in Missouri doesn't matter if they are guilty or not.

“My REAL name is Henry”

Since: Sep 09

Legoland, USA

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#7
Jan 27, 2014
 
Dan from Indy is my hero!
Anonymous

Taft, CA

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#8
Jan 27, 2014
 

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a sad and interesting thread.

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