WMSA
Castle in Jeopardy??
28 April 2006
Our Kevin Jamison was at the hearing for the Castle Doctrine on Monday, this is his report, and our request for you to take action.----Sheila Stokes-Begley-President WMSA

I testified in the Senate Castle bill hearings. Another similar bill was heard two months ago, and I had testified on that. Someone else testified first, and the chairman said that he remembered the witness, and that he had written a book. The witness looked confused, and the chairman looked around the room, found me and said something to the effect that there I was (and I was).

I testified about recent cases in which persons tried to eject intruders, and are now doing very long terms in prison. The chairman asked a hypothetical, that if a drug dealer invited another drug dealer to his home and murdered him, this law would let him walk if he claimed the dead man was an intruder. I replied that people tried to set up false self-defense cases and they fail to get away with it because the forensics hang them. He asked what forensics were in his hypothetical, there were none of course but these things do not happen in isolation. In 1962 a former state senator, and lawyer, tried to set up a fake home defense case and the forensics and certain witnesses got him convicted. I cited this case for the Supreme Court ruling that muddled the Castle Doctrine in Missouri.

SFC Stu Strickland recounted a man who tried to eject an intruder, and ended up doing 25 years.

The Prosecutor's association sent someone to testify against the bill. They said that self-defense is complicated. This is true, the bill in question would simplify the subject, the prosecutors don't like that. The prosecutor said that the incidents Stu and I recounted were "anomalies" I call them people, they vote, or will when they get out of prison. The prosecutor dismissed the 1962 case saying that the law had changed since then. I checked the statute books for 1962. He was wrong.

It appears that we will get through the committee.  A floor fight is expected.  The sponsor will get with the prosecutors.  They do not oppose the bill on principle, she will find out what details they do oppose.  Write your prosecutor.

Here is a sample letter for you:

Dear Mr./Mrs. ________,

As a resident of _________ County, I ask you to support the passage of HB1461.  Empowering citizens to protect themselves in their homes is extremely important to me and is certainly an issue that will be taken into consideration at the ballot box this November.  Thank you.

Name

Address

A list of prosecutors can be found at:

http://www.ago.mo.gov/countyprosecutors.htm