Update on Petition for Writ of Mandmus

Judge Darrell Missey granted the Respondents their motion to dismiss our case against Prosecutor Bob Parks.

Missey said in the docket notes, that the Respondents will submit to depositions if the case survived the motion to dismiss.

casenet-mandamus-02.png

Judge Missey was gravely in error to dismiss this case. We do have standing. We do have the right.

In Missey’s decision to dismiss, he makes scathing remarks towards Prosecutor Parks.

“In this case, the Relators wish to disqualify the Prosecuting Attorney because he is doing a bad job, literally letting three defendants get away with murder. If the allegations in the Petition are true, this Court agrees that the conduct of the Respondent is despicable. That horrible conduct does not authorize this Court to disqualify the prosecuting attorney, however. Although the decision to disqualify a prosecuting attorney “lies within the sound discretion of the trial court”, the decision to do so must be based upon an actual conflict of interest.”

 

As of July 2018, this case is slowly moving through the appeals process.

All articles related to the Writ of Mandamus petition:

First Amended Petition for Writ of Mandamus

Suggestions in Support of Petition

Relators Response to the Motion to Dismiss

Writ is under advisement 4/14/18

Judgement Granting Respondents Motion to Dismiss 4/25/18

Judge Dismisses Writ Against Parks 4/26/18

New Details Released in Allen Homicide 4/27/18

Former Prosecutor Buescher on the Allen Case

On February 8, 2018 the Washington Missourian newspaper published a letter to the editor from former prosecutor Dan Buescher (1970-1981). The title is “Conflict of Interest in the Allen Case”.

Here is the text:

To The Editor:

In the first place, nearly any death that occurs in the commission of a first-degree burglary constitutes a felony murder and any prosecutor worth his pay knows this and could try the case to a conviction, especially when the coroner in this case reported that Mr. Allen’s death was caused by choking and not by the position in which the burglars had tied him up.

The coroner’s report sent from Parks’ office states this clearly as does the coroner’s later explanation.

Mr. Parks’ only explanation for the extremely lenient plea deal of seven years imprisonment, which at least two judges (Gael Wood and Craig Hellmann) have refused to accept as being too little (I assume), was the false statement that the cause of death was from Allen’s position while tied, not from an intentional choking.

 

Now Mr. Parks dismissed all other crimes committed, leaving only the “intentional manslaughter” charge, thereby tying the later judge’s hands. I wonder where Mr. Parks got his medical degree so that he thinks he can substitute his opinion for that of the only coroner who examined the body.

 

Further, the cause of death is immaterial in this case as it is still a felony murder. Mr. Parks also later claimed that Mr. Allen was a pedophile. I doubt that, since there is no record of any conviction.

If it were true, Parks should have prosecuted him to protect the children of Franklin County! Moreover, Mr. Parks and his office should have never touched this case since at the time of his death Ken Allen was suing Mr. Parks in civil court. In my opinion, this is a clear conflict of interest, calling for the appointment of a special prosecutor.

 

So the question remains: Why did Mr. Parks and his office stay in this case?

 

Emissourian link: Conflict of Interest in Allen Case

Next hearing date is March 2nd 2018

The next hearing for the murder cases is Friday March 2nd at 2pm. The hearing will be at 401 E Main St, Union MO in front of Judge Michael Wright.

The 3 defendants are pleading guilty to the charge, the only remaining charge prosecutor Parks has left for them, of Involuntary Manslaughter with the maximum sentence for that charge — 7 years. Prosecutor Parks has dropped Burglary 1 and reduced Murder 2 to Involuntary Manslaughter. I guess soon my family will get back from the evidence room the possessions these 3 defendants took from our house. We will never get my dad back.

This is not a plea agreement between the prosecution and the defense. This is a plea. Therefore, there is no plea deal for the judge to accept or reject. Prosecutor Parks has tied the hands of the judges. They can’t reject this.

Remember, on Jan 8, 2018 Judge Hellmann rejected as too lenient the plea deal Parks was offering whereby the defendants would plead guilty to Count 2 receiving stolen property and Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years; Total time served: 7 years. On Oct 20, 2017 Judge Wood rejected as too lenient a plea deal which was LESS lenient than the one in January 2018.

Prosecutor Parks is more interested in offering plea deals and avoiding trials than obtaining truth and justice, or doing his job. Taking another person’s life is the greatest evil one can commit. Prosecutor Parks has worked very hard to be as lenient as possible to my dad’s killers. I presume you will see the final result of his work on this on Mar 2nd.

Still want to write letters? If you want to:

The Honorable Judge Michael Wright
104 West Booneslick
Warrenton, MO 63383

The following details on the case numbers and the defendants’ legal representation is publicly available information which can be obtained on MO Casenet:

State of Missouri v. Timothy Wonish 16AB-CR02348-01
Tim Wonish represented by public defender Jessica H Hoskins, Washington, MO

State of Missouri v. Whitney Robins 17AB-CR00659
Whitney Robins represented by public defender Kenneth Robert Heineman Jr, Union, MO

State of Missouri v. Blake Schindler 16AB-CR02350-01
Blake Schindler represented by private attorney Patrick Robert Austermann, St Louis, MO

On Jan 22nd 2018, Judge Hellmann recuses

On January 22, 2018, Judge Craig Hellmann recused himself from the murder cases. Prosecutor Parks has tied the hands of the judges whereby a plea deal is not being offered, but merely a plea. This means that the judges have nothing to accept or reject.

Judge Hellmann did the only thing he could do in order to “reject” what Parks is trying to do by recusing himself.

Now that the last judge in the 20th Circuit in MO has recused, a new out of county judge must be appointed by the MO Supreme Court.

High Court to Appoint Judge in Allen Case — Third Judge Recuses Himself

Surprise meeting in Judge Hellmann’s chamber

On January 8, 2018, Judge Craig Hellmann called the prosecutor and the three defense attorneys into his chambers for a last minute unexpected meeting.

Judge Hellmann rejected as too lenient the plea deal Parks was offering whereby the defendants would plead guilty to Count 2 receiving stolen property and Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years; Total time served: 7 years.

Since the judge did this, the February 6th hearing was postponed.

This SECOND plea deal prosecutor Parks put forth is even more lenient than the one that Judge Wood rejected in Oct 2017. WHY?

Immediately after Judge Hellmann rejected this second plea deal, Parks produced his third recommendation, which this time is not a plea deal. It is merely a plea on the part of the defendants, with no quid pro quo. See the following:

plea deal 1 — Aug 2017:
* Count 1 Burglary 1st, 10 years
* Count 2 receiving stolen property dismissed
* Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years
Counts 1 and 3 to run concurrently, hence 10 years
** rejected as too lenient by Judge Wood on 10/20/17.

plea deal 2 — Jan 2018:
* Count 1 Burglary 1st is dismissed
* Count 2 receiving stolen property reinstated
* Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years
Total time served: 7 years
** rejected as too lenient by Judge Hellmann on 1/8/18

plea (recommendation number 3) — Feb 2018:
* Count 1 Burglary 1st is dismissed
* Count 2 receiving stolen property is dismissed
* Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years
Total time served: 7 years
** TBD

Jan 3rd 2018 hearing

At the hearing on Jan 3, the following happened:
 
Judge Hellmann asked the prosecutor and all 3 defense attorneys to “catch him up” on what’s been going on in this case. He got answers from them. Based on what they told him in open court, I know they didn’t tell him EVERYTHING that’s going on.
 
The prosecutor told the judge that he has prepared an updated plea deal for all 3 defendants, which all 3 are prepared to accept. This plea deal is EVEN MORE LENIENT than the deal offered in Aug 2017. Comparing the plea deals:
 
Aug 2017 plea deal:
* Count 1 Burglary 1st, 10 years
* Count 2 receiving stolen property dismissed
* Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years
Counts 1 and 3 to run concurrently, hence 10 years
 
 
Judge Wood rejected the above plea deal as “too lenient”.
 
Parks’ new plea deal is even more lenient:
 
Jan 2018 plea deal:
* Burglary 1st is dismissed
* Count 2 receiving stolen property reinstated
* Count 3 Felony Murder amended to Involuntary Manslaughter, 7 years
Total time served: 7 years
 
Judge Hellmann asked the prosecutor more than once “how does the victim’s family feel about this.” Parks’ response was “they disagree”.
 
Blake Schindler, still out of jail on his own recognizance asked the judge for permission to visit his great grandparents while he is under house arrest. The judge asked him if his great grandparents could visit him instead. Blake said no because they are old. The judge agreed. I’m sad I can’t visit my dad, my grandma, and now my uncle. They’re all dead in the last year, one murdered, all thanks to these defendants.
 
This hearing appeared to be merely for Judge Hellmann to start getting caught up on what’s going on in this case. He made no decisions. I will be sending a letter with a lot of content to Judge Hellmann, to catch him up on the case. My understanding is that Hellmann would have Judge Wood’s file on this case, which should include all of my prior correspondence. But who knows.
 
A new hearing date was set: Feb 6th at 1:30pm. My understanding at this time is that I will be allowed to read my victim impact statement in open court again. You bet I’ll be there. I don’t know if this hearing will be one where Judge Hellmann will decide to reject or accept Parks’ plea deals.
 
If you want to write letters, please do. I don’t know if it will do any good. The main points, in my opinion, to address are:
 
* The defendants committed the felony of burglary of my dad’s home. This is felony murder, hence Murder 2.
* The cause of death is NOT positional asphyxia as the prosecutor thinks. The cause of death is asphyxiation from neck compression, which is stated on the death certificate (https://drive.google.com/open?id=0B-zWrp_PwRkyUFAzak5peHdESnM). Asphyxiation from neck compression is not an accident.
* The prosecutor revealed his prejudice calling my dad a pedophile during a temper tantrum he threw at my family in the court conference room on 9/19/2017. My dad was not a pedophile. He was gay.
* Bob Parks’ wife is DYING. She has early onset alzheimer’s, I have been told. He is struggling to take care of her. HE IS DISTRACTED, and he should remove himself from this case and request a special prosecutor.
 
 
 
The Honorable Judge Craig Hellmann
20th Judicial Circuit
401 East Main St
Room 100A
Union, MO 63084
 
State of Missouri v. Timothy Wonish 16AB-CR02348-01
State of Missouri v. Blake Schindler 16AB-CR02350-01
State of Missouri v. Whitney Robins 17AB-CR00659

Plea deal REJECTED

Judge Wood rejected the plea deals for Wonish and Robins today.

Here are all the relevant links of the last 3 days:

KSDK: Daughter furious over proposed plea deal

KSDK: Judge rejects plea deal in murder case

KMOV: Judge rejects plea deal for being too lenient in franklin county murder case

KTVI: Judge rejects plea deal for franklin county murder suspects

STL Post Dispatch: Judge rejects manslaughter plea deal in deadly franklin county burglary

The Missourian: Judge rejects plea deal in murder case