Brian was born on September 27, 1959, and is currently a death row prisoner in Missouri's Potosi Correctional Center.
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:
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."
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.
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.
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.
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
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.