In 1991, Ken Middleton was convicted and sentenced to life in prison, plus 200 years, for the shooting death of his wife, Kathy Middleton in their Blue Springs home. Ken Middleton asserts he did not shoot his wife, but rather the gun misfired when she dropped it.
For more than 35 years, his son, Cliff Middleton — Kathy’s stepson — has advocated for his father’s release.
“I've just spent my entire adult life trying to free him,” Cliff told KCUR’s Up To Date.
Cliff, who now lives in Lee’s Summit, said evidence, police reports and trial transcripts, back up his father’s claim of innocence.
Students from the “Making an Exoneree” program at Georgetown University Law Center and the University of California at Santa Cruz collaborated to reexamine evidence and the judicial process of Middleton’s case. At the end of the spring semester, the students produced a short documentary and provided evidence of a flawed conviction.
“Right off the bat, there were a number of issues that stood out to us,” said Making an Exoneree program manager Emilia Cipriano. “The fact that he was granted a new trial in 2004, which was then revoked on a technicality, that is not common in these cases, so when you see that it really is a standout.”
Kalina Pierga, the Georgetown Law student assigned to review Middleton’s case, said physical evidence was mishandled, contaminated and missing.
“Photos that police took at the scene didn't develop properly the first time, so they tried to go back into the house, put the furniture back into place, and recreate the crime scene photos, which resulted in misplacement of certain key pieces of furniture,” Pierga said. “Inaccurate depiction of the scene ended up being a really big issue at trial as well.”
“Another example is the body of Kathy Middleton was undressed and then redressed at the scene before being sent to the medical examiner's office, which is highly unusual,” Pierga continued.
Pierga said the defense’s biggest piece of factual evidence – testing that showed Middleton had no gunshot residue or blood splatter on him at the scene – was never presented. Kathy Middleton was left-handed and the gunshot residue testing for her left hand – which could have proved she was holding the weapon – is missing to this day.
During the trial, Cipriano said Ken Middleton’s attorney didn’t call any witnesses, did no depositions and made no objections.
“He was practically asleep at the wheel,” Cipriano said. “It hurts to see that someone is meant to be defended, yet no defense is put on. And I think it would be evident to everyone that reads through the transcripts that Ken was just so poorly represented at his trial.”
In 2005, Middleton was granted a new evidentiary hearing. The trial judge who sentenced Middleton to prison ruled he had ineffective counsel, ordered the conviction be overturned and that he be granted a new trial.
But because of a jurisdiction technicality, the trial was denied.
“Missouri's justice system puts procedure and finality ahead of innocence,” Cliff told KCUR’s Up To Date.
Middleton declined to accept an Alford Plea that would have set him free. Cliff said his father will only accept full exoneration.
“Ken has a number of legal avenues still available to him, though he is very steadfast in his hope for full exoneration,” Cipriano said. “And therefore a lot of avenues he has politely declined or is not willing to consider at the moment.”
A Missouri statute signed into law in 2021 allows prosecutors to file a motion to vacate a sentence based on new evidence or an erroneous conviction.
Jackson County Prosecutor Melesa Johnson and her predecessor Jean Peters Baker both declined a petition for post-conviction relief in Middleton’s case.
“That's mind-boggling, that with the type of information of an erroneous conviction that we have that they will not utilize this statute,” Cliff Middleton said.
- Cliff Middleton, son of inmate Ken Middleton
- Emilia Cipriano, program manager of Making an Exoneree
- Kalina Pierga, law student, Georgetown University Law Center
