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Missouri Court of Appeals Protect Rogue Cops Who Abducted and Murdered Toni Anderson

 

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“To you, Sovereign Grand Instructors General, we say this, that you may repeat it to the Brethren of the 32nd, 31st and 30th degrees: ‘the Masonic Religion should be,  by all of us initiates of the high degrees,  maintained in the purity of the LUCIFERIAN Doctrine.  If Lucifer were not god, would Adonay (Jesus)… calumniate (spread false and harmful statements about) him?…Yes Lucifer is God…”Founding Father of American Free Masonry Albert Pike, A.C. De La Rive, La Femme et l’Enfant dans la Franc-Maqonnene Universelle, page 588.)
 (NKCPD LIAR MURDERER AND FREE MASON ROUGE COP BILL FICKEN AND HIS NKCPD “FOP” BROTHERS AND MOST JUDGES IN THE BELOW CASES ARE FREE MASONS!)

“Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.” Jesus Christ…THE JUDGE OF ALL!

THE NAMED Missouri Appellate Court Judges who I left messages to about this case are guilty of violating the Supreme Court ruling on withholding “exculpatory evidence” in again refusing to hear the case of Michael S. Stewart for the SECOND TIME IN FULL KNOWLEDGE THAT Clinton County Prosecutor Joe Gagnon and North Kansas City Officers who brutalized Michael S. Stewart as recorded on video from North Kansas City Hospital was withheld and when released was documented to have been ALTERED!

The result of this CRIMINAL ACT on the part of the NAMED MISSOURI APPELLATE COURT JUDGES is in full violation of the United States Supreme Court Ruling in the “Brady Case”!

This is but one of the major rogue cop’s involved who thee Missouri Appellate Judges are PROTECTING and who was directly involved in the abduction and murder of Toni Anderson (SEE BLOGS BELOW!) Just the kind of rogue DOMESTIC TERRORIST that the Missouri Appellate Judges ADMIRE!

 

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Ficken is connected to Rusty May, drugs and Chrome AND Toni Anderson’s abduction and MURDER along with Kimmel, Romine and Freeman and all protected by the FBI…SAME WITH THE STEWART CASE as the FBI refuses to investigate this case because of their “DRUG CONNECTION” TO THE CASE OF TONI ANDERSON! (See Blogs Below)

Here is a small history of this “domestic terrorist rouge cop” of violent and abusive behaviour toward women and men. He has a history of tasering men and women. He is a documented whore monger who goes after married women and he bragged about “choking out” at North Kansas City Hospital Michael S. Stewart who was handcuffed and laughing about it to the Stewart’s wife Jennifer!

CASE OF BREAKING FEDERAL LAW IN GILLIAM CASE BY FICKEN.

Gilliam v. Ficken et al
Plaintiff: Timothy J. Gilliam
Defendant: Gary W. Ficken, Jr., North Kansas City, MO, City of, North Kansas City Police Department and Glenn Ladd
Case Number: 4:2010cv00560
Filed: June 4, 2010
Court: Missouri Western District Court
Office: Kansas City Office
County: Jackson
Presiding Judge: Ortrie D. Smith
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 05:552
Jury Demanded By: None

Roberts v. City of North Kansas City, Missouri et al
Plaintiff: Angela Marie Roberts
Defendant: City of North Kansas City, Missouri, Glenn L. Ladd, Steven Beamer and Corey Devaul
Case Number: 4:2015cv00427
Filed: June 4, 2015
Court: Missouri Western District Court
Office: Kansas City Office
County: Clay
Presiding Judge: Sarah W. Hays
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Stewart et al v. Speiser et al
Plaintiff: Michael S Stewart and Jennifer Stewart
Defendant: David Speiser, John Wilson, John Patterson, Jeffrey Parton, Nicholas Neill, Porter Hensen, Gary W. Ficken, Jr., Christopher Kimmel and Pat Romine
Case Number: 5:2016cv06117
Filed: September 13, 2016
Court: Missouri Western District Court
Office: St. Joseph Office
County: Clinton
Presiding Judge: Beth Phillips
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Defendant

  1. Ficken was involved in the violent tasering of a woman named Angela M.Roberts at North Kansas City hospital. She was brutally and forcefully subdued, then put into the back of a NKCPD vehicle by a cop and a hospital security officer vehicle handcuffed and tased at least 6 times until she passed out. After that she remembered nothing. NCKPD was sued and a settlement/agreement was reached. Ficken was working security that night at that time at the hospital.
  2. Ficken was involved in another law suit where he unnecessarily conducted a criminal background check on the husband of a woman with whom he was having an affair. Timothy Gilliam is suing the officer, Gary W. Ficken Jr.; the city of North Kansas City; its police department; and Police Chief Glenn L. Ladd in U.S. District Court in Kansas City.
  3. Ficken is involvement in the Stewart case and  law suit. The suit alleges three separate counts of excessive force, two counts of failure to protect constitutional rights, and individual counts of wrongful arrest and conspiracy. He was involved in the brutal beating of Michael Stewart the defendant who he also choked out while Stewart was handcuffed and laughed about it.
  4. Ficken lives up the road from the park and boat ramp (SEE BELOW) where Toni had her “accident” right near where she was found.
  5. Ficken with a “Brother in Blue” brutally pulled a young woman out of her drivers side window during a “traffic stop” on 10/16/2016 in North Kansas City. She ended up with bruises and cuts all over her body. She was lucky that her mother was listening to this and that the cops knew this otherwise she might have ended up like Toni.  She was charged with bogus charges of course.

And let it be known to all that the sole intent of the named Missouri Appellate Judges working in collusion with Clinton County Prosecutor Joe Gagnon who is protecting the Clinton County officers and the NKCPD Officers named in his case and with the collusion of the FBI AND US ATTORNEY is to have MICHAEL S. STEWART RETURNED TO AND MURDERED IN THE CLINTON COUNTY JAIL…which is why his case was “NOT HEARD AGAIN”  so as to protect those GUILTY IN HIS CASE AND THE CASE OF TONI ANDERSON!

So when Michael S. Stewart is MURDERED… KNOW WHO IS GUILTY OF HIS MURDER AND WHY!

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Cynthia L. Martin  Missouri Court of Appeals, Western District

Judge Thomas H. Newton

Judge Alok Ahuja

Attorney’s for NKCPD Officers Bill Ficken, Christopher Kimmel and Patrick Romine being reported to the American Bar and the Missouri Bar for being a part of this conspiracy!

Karen J. Halbrook 

Lindsay Poehling Windham

Lindsay Poehling Windham

John W. Witten

Removal of Judges – Judicial Selection in the States – Methods of …

Missouri

Missouri judges may be removed in one of two ways:

  • Judges may be impeached by the house of representatives. Impeachments are tried by the supreme court or by a special commission in the case of impeachments of the governor or a supreme court justice. Convictions require the concurrence of five sevenths of the court or commission.

Brady v. Maryland, 373 U.S. 83 (1963) was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense.[1]:4 The prosecution failed to do so for Brady and he was convicted. Brady challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Contents

Procedural history

Maryland prosecuted John Leo Brady and a companion, Donald Boblit, for murder. Brady admitted being involved in the murder, but claimed Boblit had done the actual killing. The prosecution had withheld a written statement by Boblit confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment.

The Court’s decision

The Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment”; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals’ ruling was affirmed.

A defendant’s request for “Brady disclosure” refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is “material” if “there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed”.[2] Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution’s witnesses,[3] and evidence that could allow the defense to impeach the credibility of a prosecution witness.[4]

Aftermath

Police officers who have been dishonest are sometimes referred to as “Brady cops”. Because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a confirmed record of knowingly lying in an official capacity.[5] Police officers fear that prosecutors and police supervisors will use access to their personnel files to abuse the Brady-cop designation, by labeling officers as Brady cops in order to punish them outside of formal disciplinary channels and those channels’ attendant procedural protections.

Brady has become not only a matter of defendants’ due process trial rights, but also of police officers’ due process employment rights. Officers and their unions have used litigation, legislation, and informal political pressure to push back on Brady’s application to their personnel files. This conflict over Brady’s application has split the prosecution team, pitting prosecutors against police officers, and police management against police labor.[6] Brady evidence also includes evidence material to credibility of a civilian witness, such as evidence of false statements by the witness or evidence that a witness was paid to act as an informant.[7]

Maintaining The Integrity Of The Profession
Rule 8.3 Reporting Professional Misconduct (Of The Lying Attorneys)

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.

PAST BLOGS DOCUMENTING THE WITHHOLDING OF EXCULPATORY EVIDENCE IN THE CASE OF MICHAEL S. STEWART AND THE ABDUCTION AND MURDER OF TONI ANDERSON BY NKCP COPS AND “FRIENDS” WITH FULL COMPLICITY OF THE COVERUP OF BY THE FBI IN BOTH CASES INCLUDING ALTERED VIDEO’S!

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https://richardboydenreport.wordpress.com/2017/09/28/prosecuting-attorney-joe-gagnon-and-attorney-mary-c-oconnell-guilty-of-covering-up-police-brutality/

https://richardboydenreport.wordpress.com/2017/09/26/the-fbi-doj-protecting-missouri-criminal-prosecuting-attorneys-and-rogue-cops/

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Toni Anderson while she was still alive being stopped the 1st time by NKCPD rogue cop Bill Ficken. She was not drunk or on cocaine…but “drugged” either at Chrome or by May. https://www.youtube.com/watch?v=v-4JZoDAB5I&sns=fb

I shared this because of the proximity of where Ficken’s house is from the Quik Trip. When Toni was stopped the 2 time and removed from her car…she had to be hidden…either in a “trunk of a car” or to a close “hiding place” and this because of the time line of limited darkness. Same with her car needing to be put in the river and who knows where better but a “resident” of Parkville! 

https://richardboydenreport.wordpress.com/2017/04/13/toni-anderson-raped-and-murdered-by-nkcpd-rogue-cop-bill-ficken-and-his-brothers-in-blue/

https://richardboydenreport.wordpress.com/2017/07/28/why-the-fbi-snuffed-toni-anderson-using-their-protected-drug-importer-and-rogue-nkcpd-dealers-and-sex-traffickers/


 

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Prosecuting Attorney Joe Gagnon And Attorneys Holbrook And O’Connell Guilty of Covering Up Police Brutality

Updated 9/27/2017 – 8am with corrections of “sentence structure, spelling, additions and deletions. AND…
I make NO apologies for sharing the truth about those who I have documented as being GUILTY of the below crimes. As a Marine…my favourite quote is “I fear God and no others” and combined with my oath to the Constitution to protect this country from enemies foreign and domestic…I continue to obey that promise to fight against and expose those who I consider “domestic enemies” with this case being one example.
Contrary to the latest smear/slandering of me with lies campaign by rogue and domestic terrorist enemy of the United States… attorney Mary C. O’Connell, I do what I do not with “bullets” but with the TRUTH! It matters not who they are or what they do…whether they wear “black or blue”, a skirt or a suit, or what they title is in the sight of man, I will with God’s help and inspiration expose their works of darkness knowing I am “God inspired” to do so. This is not to say there are not others (Oath Keepers ?) who might revenge the death of Michael S. Stewart if he ends up murdered at the hands of others because of the injustice of this case but that will not be my doing.
Whether in the case of Michael S. Stewart below or Toni Anderson, the Shoar’s family or any and all things related to “Indian Country”, exposing/naming FBI agents working with drug cartels, pedophiles in the government etc etc etc, my Blog is dedicated to exposing the workers of Satan and their works of evil including those who have attacked me personally being sent by Satan himself to try to destroy me in the process.  
This scripture defines my work… “We wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.” It is those below who I identify and expose in this blog and most all others.   Richard Boyden

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The information about this case and all involved is going to be in the NATIONAL MEDIA… !!!!! You are going to become FAMOUS! 🙂

Clinton County Prosecutor and Kansas City Attorney Mary C. O’Connell representing NKCPD Officer Bill Ficken (and others named below) are DOCUMENTED to have committed felony crimes in this case of the cover-up of the brutal beating by named police officers of Former Police Chief and Police Officer Michael S. Stewart!

In fact…if they have their way with the “Court”…Michael S. Stewart will be murdered if sent back to jail for crimes he did not commit and being he is a “Former Cop” they all know that and that IS exactly what they want including the Judge that ruled against him in his original case!

Read my lips…and repeat after me…”American Bar and Missouri Bar” 🙂

Previous Blog and a Radio Program

https://richardboydenreport.wordpress.com/2017/09/26/the-fbi-doj-protecting-missouri-criminal-prosecuting-attorneys-and-rogue-cops/

https://richardboydenreport.wordpress.com/2017/09/28/exposing-attorneys-and-their-rouge-cops-who-withold-and-doctor-evidence/

 

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Since 1908 the Association’s Standing Committee on Ethics and Professional Responsibility has developed model national ethics standards for lawyers and the judiciary and drafted ABA Formal Ethics Opinions interpreting and applying those standards.

Since 1984, the Model Rules of Professional Conduct have been the standard against which U.S. jurisdictions have compared and developed lawyer rules of conduct.  Extensive revisions to these Rules were adopted in 2002 and 2012 based on the work of the Ethics 2000 Commission and the Ethics 20/20 Commission respectively.  Today’s Model Rules reflect the legal practice in the 21st Century.

In 1990, the ABA restructured and amended the Model Code of Judicial Conduct.  Since that time most state courts have adopted the new Code.

The Standing Committee on Ethics and Professional Responsibility issues ethics opinions interpreting the both the Model Rules of Professional Conduct and the Model Code of Judicial Conduct. ABA Formal Opinions have been cited as persuasive when courts around the nation interpret state-adopted Rules of Professional Conduct.

The Committee and its counsel also consult with other American Bar Association entities, state and local bars, law school communities, the legal news media and the public on matters of emerging interest in the area of legal and judicial ethics.

Mobar Header

Leadership Profiles

Learn about the current officers of The Missouri Bar – the president, president-elect and vice president – who lead the organization through their service on the Board of Governors. Officers are elected by the Board of Governors and serve one-year terms. New officers are elected and take office at The Missouri Bar’s Annual Meeting held in early fall.

President: Morry Cole

Cole, Morry 100x125St. Louis attorney Morry Cole, an attorney with Gray, Ritter & Graham, P.C., is the 2017-18 president of The Missouri Bar. Cole graduated from the University of Missouri School of Law and has been a member of the Board of Governors since 2013. Cole is a past chair of the state bar’s Young Lawyers’ Section Council and served on the board in 2002-03 as the representative of that council. His practice is focused on complex litigation in state and federal courts.

President-Elect: Ray Williams

Ray WilliamsThe 2017-18 president-elect of The Missouri Bar is Ray Williams, a solo practitioner with offices in West Plains and Eminence. Williams is a graduate of the University of Missouri School of Law, where he served as Editor-In-Chief of the Missouri Law Review. He became a member of the Board of Governors in 2008 and is co-chair of the bar’s Strategic Planning Committee.

 

Vice-President: Tom Bender

Bender, ThomasThe new vice president of The Missouri Bar is Tom Bender, a shareholder at the Kansas City law firm of Walters Bender Strohbehn & Vaughan, P.C. He earned his law degree from the University of Missouri School of Law and has served on the Board of Governors since 2011.

Complaints and Resolution Programs

When you hire a lawyer, you should expect professional and ethical behavior. Regardless of the efforts to maintain a high degree of competence and ethics among the members of the legal profession, some lawyers fail to meet those standards. If your lawyer violates the Rules of Professional Conduct or The Attorney-Client Relationship, you may file a complaint with the Office of Chief Disciplinary Counsel.

Complaints Against Judges

The Commission on Retirement, Removal and Discipline of Judges is responsible for receiving and investigating all requests for the retirement of judges because of disability and all complaints concerning alleged misconduct of judges and judicial commission members.

This commission is composed of two citizens who are not members of The Missouri Bar, two lawyers, one judge of the court of appeals and one judge of the circuit court of Missouri.

To make a complaint against a Missouri judge, click here.

Office of Chief Disciplinary Counsel

Missouri Attorney Discipline System

The Office of Chief Disciplinary Counsel is an agency of the Missouri Supreme Court and is responsible for investigating allegations of misconduct by lawyers, prosecuting the cases where a lawyer’s misconduct poses a threat to the public or to the integrity of the legal profession, and maintaining current records of disciplinary information for lawyers licensed to practice law in Missouri.
When lawyers enter the practice of law in Missouri, they obligate themselves to uphold the law and to abide by the Rules of Professional Conduct governing members of The Missouri Bar. The purpose of attorney discipline is to protect the public and the administration of justice from attorneys who have not discharged their professional duties to clients, the public, the legal system, and the legal profession. The professional conduct of attorneys is governed by Supreme Court Rule 4 and the discipline process is governed by Supreme Court Rule 5.
Clinton County Prosecutor Joe Gagnon along with Attorney Mary C. O’Connell (and other named attorneys below) conspired together with their “clients” North Kansas City Police Department Officers Bill Ficken, Patrick Romaine and Christopher Kimmel and Kevin Freeman to first deny and hide and/or ALTER (say DISCOVERY) a video of the the assault that took place at North Kansas City Hospital by named police officers (and those additionally named below) of Michael S Stewart.
They are also DOCUMENTED TO HAVE ALTERED THAT VIDEO TO HIDE THE ASSAULT. This then makes them guilty judicial misconduct. The the below information which I am presenting is the exact same evidential  template from other cases which is what I call a visual prototype and template documenting their GUILT and which is being reported to the American Bar and Missouri Bar!

The below information, links, and stories are EXACTLY what was done by Gagnon, the LE officers named from NKCPD and with full knowledge of Attorney Mary C. O’Connell

Reynaldo Chaves, a former Albuquerque, N.M., cop who was designated the department’s “custodian of public records,” testified that the Police Department routinely altered and deleted lapel-camera footage, including two police shootings. In the nine-page document, Chaves revealed an organized effort by the city to destroy evidence of the police shooting of Mary Hawkes that extended all the way up the ladder to the city attorney and police leadership:

21. Specifically, I know that from 2013 to the spring of 2014, the primary person in the Criminal Forensic Unit of the City of Albuquerque Police Department, Frank Pezzano, knew how to encrypt and/or erase Taser lapel camera video with a possible result being lapel camera video would either appear blank, encrypted, altered or corrupted when produced to media and/or attorneys …

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NKCPD Officer Patrick Romine

Major Kevin Freeman NKCPD FBI trained expert in “altering videos” who worked with NKCPD officers Bill Ficken, Patrick Romine and Christopher Kimmel who assisted in the altering of the video.

Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority.[1] It is a criminal offense in many jurisdictions.

Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice, and these two kinds of crimes are often charged together. The goal of tampering with evidence is usually to cover up a crime.

By law enforcement…say North Kansas City Police…DOCUMENTED!

When police confiscate and destroy a citizen’s photographs or recordings of officers’ misconduct, the police’s act of destroying the evidence may be prosecuted as an act of evidence tampering, if the recordings being destroyed are potential evidence in a criminal or regulatory investigation of the officers themselves.[2] In a notable case in Nebraska, officers were charged with the felony charge of evidence tampering, as well as misdemeanor obstruction and theft, when they committed brutality and forcibly stole and destroyed the recordings, which was exposed due to a third party’s recording.[3] On the other hand, when police departments lose exonerating evidence that would create reasonable doubt for defendants in the cases they prosecute, such as dashboard-camera footage from patrol cars, it may be regarded as spoliation of evidence, potentially justifying motions to dismiss and/or mistrials. Police’s loss of evidence such as footage may be considered as both spoliation and tampering, if it both exonerates the defendant and proves police misconduct. Spoliation of exonerating evidence in criminal cases may also constitute prosecutorial misconduct if the prosecutor is complicit in doing so.

Spoliation of Evidence

http://nmindepth.com/2016/11/18/affidavit-abq-police-have-illegally-deleted-altered-videos-of-shootings/

A manual for Evidence.com published online last month by Taser supports many of Chavez’s claims about the process for editing or deleting videos.

Anyone with administrator privileges at an agency can delete videos, the manual shows. Those clips remain in a queue for seven days. And administrators can “mask” entire videos or portions of them using four different “blur levels.” Audio also can be removed.

Affidavit: ABQ police have illegally deleted, altered videos of shootings

“If I change the setting in Evidence.com to allow offline mode this will give the officer the ability to manage their videos…” Christopher Whigham, APD Detective.

The meeting came just three days after two APD officers shot James Boyd in the foothills at the eastern edge of the city, killing the homeless man who had been illegally camping in city open space.

18 U.S. Code § 1519 – Destruction, alteration, or falsification of records in Federal investigation

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

(Added Pub. L. 107–204, title VIII, § 802(a), July 30, 2002, 116 Stat. 800.)

 Prosecutor Joe GagnonClinton County Prosecutor Joe Gagon

WD79807 – STATE OF MO, RES V MICHAEL S STEWART, APEL

14CN-CR00401-02 – ST V MICHAEL S STEWART

Judges

Associate judges

“As long as the defendant is not given access to substantial discovery devices, discovery is a one-way street
running in favor of the prosecution with the defendant relegated for the accumulation of the information
necessary to his defence to a haphazard investigation, which in most cases he is unable properly to finance
and which is without formal sanction or judicial assistance. The realistic effect of the denial of discovery
is to permit the prosecution “to monopolize the sources of evidence applicable to the case to use or not

Former St. Louis Assistant Prosecutor Pleads Guilty to Concealing Police Officers’ Assault of Arrestee

Gagnon will be charged according to some FBI birdies! Along with O’Connell as the evidence is now confirmed to show they are GUILTY of !Spoliation of Evidence!

Spoliation of evidence is a term often used during the process of discovery.  Spoliation of evidence happens when a document or information that is required for discovery is destroyed or altered significantly.  If a person negligently or intentionally withholds or destroys relevant information that will be required in an action is liable for spoliation of evidence.

When a crucial document is lost by spoliation, the courts may try to infer the original information by applying spoliation inference rule.  Spoliation inference rule is a negative evidential inference.  When applying the rule, courts will review the altered document with inference against the spoliator and in favor of the opposing party.  The theory behind spoliation inference is that when a party has destroyed evidence, it shows that the party had consciousness of guilt or other reasons to avoid evidence.  Hence, the court will conclude that the evidence was not in spoliation’s favour.

Spoliation of evidence is an act that is prohibited by American Bar Association’s Model Rules of Professional Conduct, Rule 37 of Federal Rules of Civil Procedure, and Title 18 United States Code.  Sanctions for spoliation are preventative, punitive and remedial in nature.  Separate tort actions are also permitted.

American Bar Association Rule 3.4 prohibits a lawyer from destroying or assisting another in destroying evidence pertaining to a case.  Likewise Title 18 of United States Code Sections 1503, 1510, 1512 and 1519 prohibits a party from destroying or assisting another in destroying evidence, and provides for criminal prosecution against the wrongdoer.  Under Title 18 United States Code Section 1519, a wrongdoer can be fined in huge amounts and imprisoned up to 20 years.

Under Federal Rules of Civil Procedure Rule 37 possible sanctions are as follows:

  • dismissal of the wrongdoer’s claim;
  • entering judgement against the wrongdoer;
  • excluding expert testimony; and
  • application of adverse inference rule.

Additionally, Rule 37 imposes fines on the wrongdoer.

 

Clinton County Prosecuting Attorney Joe Gagnon is guilty of conspiring with Clinton County and Clay County Law Enforcement Officers and in collusion with the Attorney’s named below to deliberately withhold a video from North Kansas City Hospital and then altering that same video exposing those named officers below who assaulted an arrestee Michael S. Stewart who was in their custody. Gagnon and the named attorney’s below collectively took an affirmative step to conceal the felony assault by the officers named from the presiding Judges in this case including the APPELLATE COURT JUDGES named below.

Gagon has been working with the NKCPD officers guilty of altering the video along with NKCPD officer Bill Ficken’s attorney Mary C. O’Connell. They are collectively guilty of allowing for fabrication charges against Stewart and allowing them to stand in order to cover up the facts while accusing Stewart of of attempted resistance and assault committed by Stewart on the officers which the VIDEO does not show…after being ALTERED. This proves that the charges were in fact were fabricated to cover for injuries the arrestee sustained during the assault which why in the beginning of this case that the release of the video was denied during the discovery phase of his trial.

“Prosecutors are trusted to exercise discretion in enforcing the law and are charged above all with doing justice in a fair and impartial manner,” Gagnon and Mary O’Connell attorney for NKCPD officer Bill Ficken intentionally failed to uphold the Constitution, and must therefore be held to answer for their actions.

Misconduct and punishment. State disciplinary authorities investigate prosecutors accused of misconduct

Unlike any private attorney, the local prosecutor—be he district attorney, county attorney, or criminal district attorney—is an elected official whose office is constitutionally mandated and protected. Prosecutors are still subject to the Rules of Professional Responsibility, but they must police themselves at the trial court level because of their status as independent members of the judicial branch of government. Such a holding is not tantamount to making the fox guardian of the henhouse or letting the wolf keep watch on the flock, because a prosecutor who violates ethical rules is subject to the disciplining authority of the State Bar like any other attorney. Perhaps even more importantly, as mentioned above, his violation of the rules will subject his cases to reversal on appeal when his unprofessional conduct results in a denial of due process to a defendant. Lastly, he, like all elected public officials, must regularly answer to the will of the electorate. Should his conduct create too much appearance of impropriety and public suspicion, he will ultimately answer to the voters. — State ex rel. Eidson v. Edwards, 793 S.W.2d 1 (Tx. 1990)

What Gagnon, O’Connell and other named attorneys are GUILTY OF along with their “criminal clients”!

In a notable case in Nebraska, officers were charged with the felony charge of evidence tampering, as well as misdemeanor obstruction and theft, when they committed brutality.

From the Clinton County Leader

“Michael S. Stewart of Parkville, Mo., filed a personal injury suit against individuals from the three departments on Monday, August 8. In the suit, Stewart and his wife, Jennifer Stewart, seek damages in excess of $2.7 million stemming from alleged incidents in August of 2014.

mary-oconnell

Attorney For NKCPD Officer Bill Ficken Mary C. O’Connell

O’Connell has full knowledge that 45 seconds of the video were removed that showed her client Ficken choked Stewart out when Stewart was handcuffed to the wheel chair and which Ficken bragged to Stewarts wife that he did just that by holding his hands in a chocking manner to Stewart’s wife which was REMOVED from the original video by either Ficken who O’Connell said had possession of the video and /or/the “other officer” being either NKCPD cops Patrick Romine or Christopher Kimmel or possibly Maj. Kevin Freeman. 

The named Missouri Court of Appeals, Western District Judges below were not allowed to have presented to them the existence of the North Kansas City Hospital Video showing the brutal treatment of Stewart but to also have presented to them the fact that video had been tampered with by having time segments removed and frames missing. It has been admitted by O’Connell that her client NKCPD officer Bill Ficken was responsible for this video and that it was in his possession during the time these changes were made which is why she does not want this evidence released in court. Clinton County Prosecutor Gagnon was in full knowledge of this information when he appeared before the Missouri Court of Appeals, Western District Judges!

Just a side note for the eyes of Mary C. O’Connell who is a pathological liar on her way to hell. She has stated to the “Court” that I “threatened” the named attorneys defending the officers who brutally beat Stewart and almost killed him. Guess what? I DID and in voice mails I left but not in the form of “bodily harm” as she is implying but rather me promising to EXPOSE THEM INCLUDING HERE AS I AM DOING NOW AND REPORTING THEM TO THE MISSOURI BAR AND THE OFFICE OF MISSOURI ATTORNEY DISCIPLINE SYSTEM WITH THE GOAL TO DESTROY THEIR CAREERS FOR DOING WHAT THEY HAVE DONE TO A INNOCENT MAN!

This is why O’Connell is lying / “SLANDERING ME” (say law suit) to the Court in the hopes that the ALTERED WITH HER KNOWLEDGE VIDEO will not be allowed in a motion for “discovery” by Stewart’s attorney which would expose her and Gagnon and the officers named who are guilty of police brutality which this ALTERED VIDEO PROVES!

You gave up some important information Ms. Dumb as a ROCK and I sincerely thank you! 🙂 So read my lips…”You fell for the trap”! 🙂 Have me charged ok? I want to bring the “EVIDENCE” into court PLEASE! 

Tell me O’Connell and Gagnon…how does your future look now? PSSSSST… Every JUDGE not involved in this case will know who you are 🙂 Happy Hanukkah, Merry Christmas and Semper Fi! 

Named officers in the video…minus their “actions of brutality” thanks to the ALTERATIONS BY FICKEN, ROMINE, KIMMEL AND MAJ. KEVIN FREEMAN WITH FULL KNOWLEDGE OF O’CONNEL AND GAGNON!

David Speiser and John Wilson, then of the Lathrop Police Department, Deputies John Patterson and Jeffery Parton of the Clinton County Sheriff’s Department, and William Neil and Sheriff Porter Hensen of the Clinton County Sheriff’s Department. Speiser also worked at the time for the Clinton County Sheriff’s Department. Two defendants from the North Kansas City Police Department – Christopher Kimmel and shift sergeant Patrick Romine and Gary Ficken, Jr., from the North Kansas City Police Department who worked as a security officer at North Kansas City Hospital.

The Missouri Appellate Court Judges below and Judge Beth Phillips in the Stewart Case were lied to by Clinton County Prosecutor Joe Gagnon and by the collective attorney’s representing the officers involved with Mary O’Connell taking the lead, in the brutal beating of Michael S. Stewart as well as and including the initial fabrication of charges against Stewart with only “hearsay” being used in court because other available videos were also withheld by Gagnon leaving only hearsay evidence of the very officers who beat him. No breathalizer test or any documentation that Stewart had over a .08 alcohol level or ANY alcohol level other then the “lies” of the cops. ALL are collectively guilty of obstruction of justice by the withholding evidence during “discovery” during Stewart’s trial and appeal…namely the video and and altering of with is now documented!

The LIED to Missouri Appellate Court Judges and who I left messages to about this case!

Cynthia L. Martin  Missouri Court of Appeals, Western District

Judge Thomas H. Newton

Judge Alok Ahuja

Attorney’s for NKCPD Officers Bill Ficken, Christopher Kimmel and Patrick Romine being reported to the American Bar and the Missouri Bar for being a part of this conspiracy!

Karen J. Halbrook 

Lindsay Poehling Windham

Lindsay Poehling Windham

John W. Witten

 


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Bruises on Michael S. Stewarts wrist from being assaulted while handcuffed to a wheelchair by NKCPD officer Bill Ficken. Medical Reports were ALTERED and CHANGED from the ORIGINAL ONE by NKC Hospital staff working with Law Enforcement and their attorney’s from 8 pages to over 20!

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North Kansas City Hospital hired a known sexual predator named Price who drugged a woman and stuck his fingers in her vagina while maintaining an “erect penis”. North Kansas City Hospital is owned by North Kansas City who’s employee is defended by attorney’s and Ceasar’s gets tagged which is not their fault.   http://caselaw.findlaw.com/mo-court-of-appeals/1558546.html

North Kansas City Hospital Leaders Who Are Paying The Above Named Attorneys…the same attorneys who defend Ficken and others and allowed for the video to be “altered” which documented the assault of Michael S. Stewart by LE at their hospital.

Here are the executives who represent North Kansas City Hospital. Notice how many women who evidently have to no problem what takes place in their facility.

Peggy SchmittPeggy Schmitt, President & CEO Jody AbbottJody Abbott, Senior Vice President
Chief Operating Officer
Jim McNeyJim McNey, Senior Vice President
Chief Financial Officer
Gary Carter, MDGary Carter, MD
Chief Medical Officer
Sarah OakleySarah Oakley, Vice President
Chief Nursing Officer
Doug AbelDoug Abel, Vice President
Chief Information Officer
Linda CoventonLinda Coventon, Meritas Health
Network Executive
Dawn BryantDawn Bryant, Vice President
Human Resources
Becky FiskBecky Fisk, Vice President
Revenue & Business Development
Matt ForesmanMatt Foresman, Vice President Professional Services
Randee GannonRandee Gannon, Vice President Marketing Tom GouldingTom Goulding, Vice President
Strategic Financial Services
& Supply Chain Management
Jerry HusmanJerry Husman, Vice President
Facilities & Support Services
Jen KozinnJennifer Kozinn, J.D.,
Vice President & General Counsel
Judy SpringerJudy Springer, Vice President Quality/Case Management

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Yes he will see this including the Missouri Governor!

 

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