1992 Appeal Hearing

Although the 3 page brief presented by Gerald Handley was incredibly deficient, Ken was miraculously given a hearing. The points made by Handley in the “brief” brief were:

• Ineffective Assistance of Counsel… specifically referencing Robert Duncan’s failure to introduce evidence regarding Mr. Middleton’s medical evaluation made by hospital staff immediately following the accident. Also, no evidence was introduced regarding Mr. Middleton’s medical condition just prior to Katherine’s death. This would have refuted prosecution’s contention that Mr. Middleton was “faking” illness and grief when transported to the hospital after the incident.
• Ineffective Assistance of Counsel… Robert Duncan’s failure to assert that based on the Blue Springs Police Department’s actions during the hours following their arrival at the scene, Mr. Middleton was in effect, under arrest. Mr. Middleton was never advised of his rights (Miranda Rights) and was totally unaware that police were viewing the case as a homicide with him as a suspect. As a result, police officers testified during the trial of utterances made by Mr. Middleton and indicated that he gave multiple “statements” regarding the incident.
• Ineffective Assistance of Counsel… Robert Duncan’s failure to investigate, counsel, and prepare expert testimony on Mr. Middleton’s behalf.
• Ineffective Assistance of Counsel… Robert Duncan’s failure to call witnesses regarding the position in the home of key items presented by the prosecution.

View Gerald M. Handley’s Brief.

One would think that at the time of the hearing, Gerald Handley would be prepared to present all of the necessary documentation, witnesses, etc. to support the very contentions that he identified in the brief to the court. Seated next to Ken in the courtroom was not only Gerald Handley but also Robert Duncan, his original defense attorney at the time of trial.

On the day of the hearing, several individuals were at the courthouse prepared to testify. Every single item that was mentioned in the brief was supportable via testimony from these witnesses. Moments prior to the start of the proceedings, they were all gathered in the hall. While there, they saw Mr. Patrick Peters (the original prosecutor – but NOT the attorney of record associated with this hearing) approach Mildred Anderson and Geraldine Lockhart. These two ladies are both sisters of Katherine Middleton. They ultimately became the recipients of a civil judgment in excess of $1M for wrongful death against Mr. Middleton. This civil action was presented on their behalf by none other than the law firm to which Patrick Peter’s own father, William Peters, belonged. (Refer to Prosecutorial Misconduct page for further information.) Immediately following this exchange with Mildred and Geraldine, Patrick Peters walked over to a police officer in the hall. He then instructed this officer to bar entry to the hearing. This action prohibited every single witness assembled on Mr. Middleton’s behalf from entering the courtroom!

Insert multiple affidavits regarding blocked courtroom – not yet received

As mentioned before, Patrick Peters was NOT the attorney of record for the state during these proceedings. However, following Mr. Peters actions earlier in the hall, he was positioned next to the assigned prosecutor and was clearly in the driver’s seat. On no less than 13 different occasions during this incredibly short hearing (less than 2 hours!), Patrick Peters informed the court that Ken Middleton had voluntarily committed himself into a mental institution on the night of the shooting. The clear inference by Mr. Peters was that Ken had perpetrated a hoax with regard to his mental state. Both Ken and Robert Duncan were anxiously awaiting Gerald Handley’s rebuttal to these blatantly false statements. Almost a year earlier, Mr. Middleton had signed a waiver releasing his medical records to his attorneys. Neither Robert Duncan nor Gerald Handley had taken the time to retrieve and review those very records. Had they done so, they would have seen the COURT ORDERED commitment of Mr. Middleton! As dictated by Missouri law, this document was signed by a judge and two additional witnesses to Mr. Middleton’s condition. Mr. Middleton did NOT voluntarily commit himself by any stretch of the imagination. However, as both Robert Duncan and Gerald Handley produced no evidence to rebut Patrick Peter’s misrepresentation, it was taken as fact by the court!

During the proceedings, Ken repeatedly attempted to ascertain from his attorney the whereabouts of his witnesses. He was never given an explanation as to their absence nor was he given an explanation as to why they were not being summoned to the court by his attorney. Even Robert Duncan passed a note to Mr. Handley in this regard. He was obviously as taken aback as Ken. After having read the message, Mr. Handley wadded up the note and stuck it in his pocket.

At the conclusion of the hearing, Ken knew that he had once again been abandoned. For the second time, an attorney had represented him in a court of law and failed to perform even the basic duties of client representation. No witnesses were called, no expert testimony was given, no evidence was presented to refute the very key issues in the prosecution’s case. Just a mere few feet away, on the other side of the courtroom doors assembled a group of people … waiting… that could counter every single prosecutorial argument presented against Mr. Middleton! They had been silenced by the unlawful actions of Patrick Peters and the ineptitude of Mr. Middleton’s attorney, Gerald Handley.