Brian Kinder Bey
| Dissenting Opinion - Supreme Court Of Missouri |
Brian was born on September 27, 1959, and is currently a death row prisoner in Missouri's Potosi Correctional Center.
On February 11, 1991, Brian Joseph Kinder,
an African- American man, was
officialy charged with murdering and
raping and African-American woman. The
crime occured in Jefferson County,
a partially incorporated area near St. Louis
which has less than a one-percent African
American population.
On March 31, 1992, the trial judge,
Honorable Earl R. Blackwell, a life long
prominent Democrat, issued a press
release explaining why he was switching his party affiliation to the Republican
party for the 1992 elections. Judge Blackwell had been appointed
as an associate circuit judge by then Republican governor and now United
States Senator, John Ashcroft, to fill an existing judicial vacancy.
Judge Blackwell's press release reads as follows:
For Release 5:00 PM, March 31st : When asked why he had
filed on the
Republican ticket Blackwell, who served 16 years (1958-1974) in the Missouri.
Senate as a Democrat, said, "Republican ? Democrat ?
Who gives a damn? I
once heard a man say, ' Only politicians profit from politics, the people
gain
nothng,' That man was Earl Blackwell, and I believe he was right.
Anyway,
good judges cannot be politicians. Why did I file as a Republican
? Especially
in a Democrat stronghold such as Jefferson County? Some may say its
because I
like to live dangerously. But thats not the case." Blackwell said.
"The truth is
that I have noticed in recent years that the Democrat party places too
much
emphasis on representing minorities such as homosexuals, people who don't
want
to work, and people with a skin thats any color but white. Their
reverse
discriminatory quotas and affirmative action, in the work place as well
as in
schools and colleges, are repugnant to me," Blackwell said, " I believe
that a
person should be advanced and promoted, in this life, on the basis of initiative,
qualifications, and willingness to work, not simply on the color of his
skin, or
sexual preference. While minorities need to be represented, of course,
I believe
the time has come for us to place much more emphasis and concern on the
hardworking taxpayers in this country," Blackwell said, "That majority
group
of our citizens seems to have been virtually forgotten by the Democrat
party. "
Blackwell concluded, " In feeling as I do, I am certainly not alone in
Jefferson
County. Many, many people, formerly Democrats, have told me that
they will no
longer vote as Democrats. They say they have had enough. And
I have too."
Trial began one week after Judge Blackwell's
press release on April 6, 1992.
Defense counsel moved to disqualify
Judge Blackwell on the grounds his
press release was racially discriminatory,
but he denied that motion without any
evidence being presented on it.
During jury selection, Judge Blackwell
conducted voir dire with venireperson
Kramper outside the presence of both
parties attorneys. Mr Kramper
was dismissed as a potential juror with Judge
Blackwell refusing to discuss with
both sides the details of why he was released.
For the Rule 29.15 (post conviction)
action Judge Blackwell's deposition was
taken. At his deposition, and
during the Rule 29.15 evidentiary hearing, Judge
Blackwell testified that Kramper had
said that he belonged to a white supremecy organization and that was why
he was discharged. Mr. Kramper testified at the Rule 29.15 hearing
that he had requested to speak to Judge Blackwell privately cause he thought
he may have purchased some insurance
from a company that discriminated on
the basis of race while being unaware that it engaged in such practise.
Mr. Kramper indicated that he has never been
affiliated with a white supremacy organisation
and later found out that he was
mistaken about the insurance company.
Further, Mr Kramper related that he was especially concerned about the
fairness of the proceedings for Brian Kinder because when he had looked
around the courtroom he didn't see any African- Americans summoned
as potential jurors. Mr. Kramper expressed views and beliefs
that indicate he is especially concerned about and sensitive to issues
of racial fairness. Another such incident occured when Mr.
Robert Russell, (an African-American) listed as a juror for the trial
received a phone call from someone identifying himself as associated with
the court directing him not to attend the trial. Mr. Russell also
stated that two unknown sherrif deputies came to his place of employment
and again instructed him not to appear at the trial.
Further, evidence was presented that when Judge Blackwell was a State Senator, he had sponsored an anti bussing resolution intended to amend the Constitution so as to prohibit bussing for desegregation. There was evidence that the White Citizens Council , a white supremecy group, was active in supporting the resolution and that Judge Blackwell was aware of its support. Additional evidence was presented that Senator/ Judge Blackwell was absent during votes on key legislation aimed at ending racial discrimination.
The State's case against Brian Kinder
was based on circumstantial evidence.
The primary evidence was DNA evidence
and trial counsel argued to the trial
court, and testified at the Rule 29.15
hearing, that the State's expert had altered
one of the autorads. Eventually,
the State conceded to errors in the DNA testing procedures.
Brian Kinder has maintained that he
did not kill the victim. Brian Kinder denied
involvement during his continued interrogation
and even passed a State
administered polygraph given by the
officers who tried to beat a confession out
of him. The State's evidence
against Brian Kinder included that he refused to
swear on the Bible as to his innocence
without crossing his legs while being
interrogated. Brian Kinder was
subsequently sentenced to death by an all white jury!
Brian Kinder Bey CP 97 / 6B 40
Potosi Correctional Center
Route 2 Box 2222
Mineral Point, Missouri
63660 USA
If
you wish to help Brian with postage, Missouri allows death row prisoners
to receive stamps in COMPLETE sheets or booklets only. Prisoners
are not allowed to recieve loose stamps.
Below material from duplicate of filing on Dec. 17, 1996 in office of clerk Supreme Court.
| Dissenting Opinion - Supreme Court Of Missouri |
