Judge rejects motion to step aside; will rule on moving murder trial to distant county or keep it nearby

Accused killer Kenneth Lee Simpson makes first in-person courtroom appearance since March shooting of policemen

By Buck Collier, Special Correspondent
Posted 10/4/23

HERMANN – Ruling in quick fashion Tuesday afternoon, 20th Circuit Court Presiding Judge Craig Hellmann denied a motion to step aside in the upcoming capital murder trial of Kenneth Lee Simpson. …

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Judge rejects motion to step aside; will rule on moving murder trial to distant county or keep it nearby

Accused killer Kenneth Lee Simpson makes first in-person courtroom appearance since March shooting of policemen

Posted

HERMANN – Ruling in quick fashion Tuesday afternoon, 20th Circuit Court Presiding Judge Craig Hellmann denied a motion to step aside in the upcoming capital murder trial of Kenneth Lee Simpson. Where that trial will take place — either at a distant county or one closer to Gasconade County — will be decided within the next 10 days.

Tuesday’s hearing in the main courtroom of the Gasconade County courthouse lasted about 20 minutes. Two motions were on the docket in the capital murder trial of Simpson, charged with the March 12 killing of Hermann Det. Sgt. Mason Griffith and the serious wounding of Hermann Patrolman Adam Sullentrup. The two policemen were involved in a shootout with Simpson in the Casey’s General Store on Highway 19 after they attempted to take him into custody on outstanding warrants issued by area counties.

Simpson escaped the store after allegedly shooting the two policemen and took refuge in a nearby house. A standoff throughout that Sunday night and into the next morning resulted in Simpson, whose last regular address was in Warren County, surrendering without further incident.

He was arraigned days later on five initial charges, including first-degree murder and first-degree assault for the shootings of Griffith and Sullentrup. Sullentrup continues his recovery at a medical facility in Colorado that specializes in head injuries.

In the early-afternoon hearing, lawyers with the Missouri Public Defender’s Office’s Capital Defense Team — Stephen Reynolds and Patricia Poe — asked Hellmann for a change of judge and a change of venue. After taking brief comments from both sides, Hellmann issued a ruling from the bench. “Defendant’s motion for change of judge denied,” the jurist said.

Simpson was making his first in-person courtroom appearance since being arraigned in mid-March. Wearing handcuffs and leg irons and clad in the traditional orange jumpsuit issued by the Crawford County Jail, Simpson was seated near his defense attorneys to the judge’s left. He remained silent throughout the hearing.

In arguing on the change of venue motion, Reynolds asked that the case be moved to another region of Missouri, where press coverage of the shootings garnered less attention. He suggested the trial be moved to Clay County in Metro Kansas City or Jasper County in Southwest Missouri.

Assistant Attorney General Greg Goodwin countered with a suggestion that if the case is moved it should be tried in a county closer to Gasconade County, such as Franklin, Warren or Montgomery. As for finding an impartial jury, Goodwin argued that concern could be dealt with through voir dire — the jury-selection process in which potential jurors are questioned by both sides.

The judge also asked the two sides to offer possible trial dates. Reynolds responded that time is needed for the defense to prepare. “We’ve been on the case about two weeks,” the attorney said.

Hellmann is the latest of five 20th Circuit judges to have a hand on this case. After initial arraignment on the charges in March in the court of Gasconade County Associate Judge Ada Brehe-Krueger, at which time Simpson made a televised appearance from the Crawford County Jail, the case has been handed off first to Associate Judge Sonya Brandt of Osage County. She, just days later, was removed and the case assigned to Associate Judge Matthew Houston of Franklin County. Houston presided over the case for some time during late spring and early summer and then was replaced by Circuit Judge Ryan Helfrich of Franklin County, the newest member of the 20th Circuit bench. A motion to replace Helfrich was approved and the case assigned to Hellmann, the circuit’s top-ranking judge.

Tuesday’s hearing was the culmination of a flurry of recent activity in the case. Several motions have been filed in the past month with developments taking place on both sides of the case. For instance, when the prosecution — represented by Missouri Attorney General Andrew Bailey and assistants Goodwin and Kelly Snyder — announced the state would seek the death penalty for Simpson, the defense shifted from 20th Circuit Public Defender Jeffrey Shellenbergar based in Franklin County to the State Public Defender’s Office’s Capital Defense Team, which specializes in death penalty cases.

Hellmann said he would issue a written ruling on the change of venue motion within 10 days.