KINDER, BRIAN

GENERAL INFORMATION

DOB: September 27, 1959
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: Jefferson
Number of counts: One
Race of victim: African-American
Gender of victim: Female
Date of crime: December 22, 1990
Date of sentencing: July 17, 1992

TRIAL COUNSEL:

Joe Green

LEGAL STATUS:

Current proceedings: 

• Officer testifies in Circuit Court that the DNA evidence cannot be located, December 14, 2005.
   
• Missouri Supreme Court has remanded to the circuit court for DNA testing, March 8, 2005, SC 86531.  (No cite available, information according to Missourinet).
   
• Execution date requested by State but not yet set by Missouri Supreme Court

Last judicial decision:

• Circuit Court's denial of DNA testing under  Mo. Rev. Stat. Sec. 547.035 affirmed by State v. Kinder, 122 S.W.3d 624 (Mo. App. 2003).

CURRENT COUNSEL:

Stephen Edward Rothenberg
6609 Clayton Rd., Suite One East
St. Louis, MO 63117
314-721-2500

Frederick A. Duchardt, Jr.
110 E. 6th St., Box 349
Kearney, MO 64060

REPORTED OPINIONS:

• Denial of DNA testing under  Mo. Rev. Stat. Sec. 547.035 affirmed by State v. Kinder, 122 S.W.3d 624 (Mo. App. 2003)
   
• Denial of federal habeas affirmed by Kinder v. Bowersox, 272 F.3d 532 (8th Cir. Nov. 16, 2001), rehearing denied Jan. 25, 2002
   
• Conviction, sentence and denial of post-conviction relief affirmed by State v. Kinder, 942 S.W.2d 313 (Mo. banc 1996), cert. denied, 522 U.S. 854 (1997).

SIGNIFICANT LEGAL ISSUES:

• Objectivity of trial judge, in light of judge's campaign statements to the effect that minorities were not "hard-working taxpayers"
   
• Alteration of DNA evidence by state's expert (result of Auto-Rad sheet altered after Frye hearing, then presented as a surprise at trial)
   
• Striking for cause of equivocating Witherspoon jurors
   
• Inculpatory evidence conveyed by prosecutor's leading question to witness who invoked Fifth Amendment, given claim that prosecutor knew witness would invoke the Fifth
   
• prosecutor's inflammatory "send a message" closing argument during penalty phase
   
• availability of additional DNA testing under Mo. Rev. Stat. Sec. 547.035

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