Criminal Justice

Wrongly Convicted Missouri Man Ineligible for Compensation

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Earlier this week I posted about Kenny Hulshof, the former Missouri prosecutor whose misconduct helped convict two innocent men of murder, and whose conduct has been questioned in anet least five other cases. I noted that not only will Hulshof never have to compensate the two men he wrongly convicted, he is also unlikely to be disciplined, meaning he'll probably continue to earn his fat salary as a lobbyist, a salary in part due to him riding his tough on crime credentials to six terms in Congress.

Yesterday, a reader sent this story about Josh Kezer, one of the men Hulshof wrongly put in jail. It turns out that under Missouri law, only those who are exonerated by DNA testing are eligible for compensation for a wrongful conviction. Kezer was freed by a judge. So after 15 years in prison, not only will he get nothing from the prosecutor who broke the rules to convict him, he'll get nothing from the state, either. Oddly enough, if Kezer had been guilty but then paroled after 15 years, he'd be eligible for a variety of state assistance programs aimed at integrated freed inmates back into society. Because he's actually innocent, he doesn't get to participate in those, either.

Meanwhile, Eapen Thampy of Americans for Forfeiture Reform sends a story about yet another Hulshof murder conviction now under review.

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62 responses to “Wrongly Convicted Missouri Man Ineligible for Compensation

  1. Whew! THERE’S the Friday afternoon ballkick! I was getting worried.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    2. I could have done without it, but I guess it has to be.

    3. DOESN’T MATTER IF HE WAS WRONLY CONVICTED, we are under no obligation to compensate him, recognize a claim against the prosecutor in civil court, or even free him.
      We at the government make the laws, and are exempt from other people’s morality.

      http://youareproperty.blogspot…..ality.html

      The rules are different for us, and most do not apply to us.

  2. *Checks Calendar*

    Yep. The Friday afternoon Balko Ball-Kick is right on time.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  3. I know that because Balko’s always fucking up my weekends.

      1. then where am I?

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    2. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  4. WTF? We were wrong about imprisoning you, but not wrong in a particular way, so no compensation for you?

    WTF?

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  5. If Hulshof were found hacked to bits in a dumpster, I would be perfectly willing to call it “justifiable homicide”.

    1. “Nothing to see here, move along.”

    2. P Brooks, do you mind if I use that quote on my blog? 😉

    3. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    4. I’ve often wondered about that. I suppose that if truly faced with that situation I’d find a way to get on with life, but sitting here in my safe, comfortable life I can’t help feeling like I would want to hunt down everyone who was responsible.

      If you are put away for what is essentially your whole life – starting at 18 and released around 60 – you’ve lost everything. Everything you ever would have had. Everything you could have been. All family, children, grandchildren… everything gone. And you’ll live a miserable existence as a free man, with no retirement savings, no career, no marketable skills, no lifelong friends, no partner to reminisce with, no children to take pride in, no reasonable hope of attaining any of that… nothing much to live for other than fear of dying. Holy crap, that would drive a man to vengeance.

      1. If you are put away for what is essentially your whole life – starting at 18 and released around 60 – you’ve lost everything. Everything you ever would have had. Everything you could have been. All family, children, grandchildren… everything gone. And you’ll live a miserable existence as a free man, with no retirement savings, no career, no marketable skills, no lifelong friends, no partner to reminisce with, no children to take pride in, no reasonable hope of attaining any of that… nothing much to live for other than fear of dying. Holy crap, that would drive a man to vengeance.

        So why haven’t there been any retaliatiory murders?

        After all, if people are willing to kill filmmakers for criticising Islam…

    5. See, the worst part of this story is that Kezer probably found Christ while in prison, and is way too forgiving to kill the sonofabitch who ruined his life. He might not even see it as ruining his life but rather, “Being put on the path to salvation.” Disgusting.

      1. He should have found Mohammed instead.

      2. Maybe he found Muhammad and wants to take the sonofabitch out on his way to paradise.

        1. Wow, I should refresh the comments more than once an hour, apparently.

    6. Maybe he should be allowed a murder that was prepaid.

  6. I have a strong suspicion that Kenny Hulshof herds sheep.

    1. I would speculate that he’s a long-time sheep-herder from way back. But that’s just sheer speculation on my part.

      1. Animals can govern themselves!

        1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

          They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

          Any participation on my part won’t change the political system in any way or how others choose to participate.

          Why should I care about politics at all?”

    2. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  7. Thanks for the cock-punch to start off the weekend.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  8. I’m going to start selling Reason(TM) anti-Balko nut punch protective cups on Thursday evenings. I’ll make a killing. I wonder if they have those on Cafe Press.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

  9. Getting kicked in the box hurts too, ya know.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    2. Getting kicked anywhere hurts, so unless we’re willing to discuss the matter of degree…

  10. Hey, he’s damned lucky he doesn’t get a bill for the 15 years of free room and board he got.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    2. Probably the civil service is working on it already.

  11. Yesterday, a reader sent this story about Josh Kezer, one of the men Hulshof wrongly put in jail. It turns out that under Missouri law, only those who are exonerated by DNA testing are eligible for compensation for a wrongful conviction. Kezer was freed by a judge. So after 15 years in prison, not only will he get nothing from the prosecutor who broke the rules to convict him, he’ll get nothing from the state, either.

    Oh, a pound of Hulshof’s still bleeding flesh will do fine. It’s OK if it’s a little over.

    It shouldn’t be too hard for a man who now has extensive criminal contacts to find out where Hulshof and lives and works.

    1. “Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?”

    2. “”Everyone thinks that anyone with a brain must agree with them–liberals, conservatives, libertarian–you name it.

      They are all equally convinced that anyone who disagrees with them is a worthless excuse for a human being.

      Any participation on my part won’t change the political system in any way or how others choose to participate.

      Why should I care about politics at all?””

      1. Can somebody please ban this annoying fucking asshole?

        1. That was meant for pussee munster

          1. Banned and deleted. I think JW is happy enough about that to excuse the misplaced comment.

            1. WhadImiss? WhadImiss?

  12. Wow.

    Hitting refresh makes a lot of non-spam comments disappear today.

    Do me! Again!

  13. Do I have this right? Given Missouri law, prosecutorial misconduct, no matter how egregious, will not cause compensation to be due so long as the misconduct was discovered by means other than a DNA test. For example, neither bribing a witness to lie on the stand nor fabricating physical evidence are compensable offenses.

    1. IOW, stay the hell out of Misery.

      1. Why does he have to be compensated by the state? I’d gladly donate money to him.

    2. Hey, sue him for depriving of human rights…that’s how they got the cops that beat up Rodney King…

  14. Does he have a donation fund or anything? I’d gladly contribute $50 to him, I’m sure lots of other people would, as well. He doesn’t necessarily need to be compensated by the state or the prosecutor, no?

  15. I would donate money to him, I’m sure others would as well. He doesn’t necessarily have to be compensated by the state, no?

  16. Is it too late to change my plea to guilty?

  17. Hunt down that prosecutor and KILL HIM!

    Revenge is all you have left. Take it!

  18. Vigilante justice.

  19. Sue the Bastards!

  20. everyone’s guilty of something.

  21. I think if it was me I would find my own justice since the system denied it to me.

  22. F-U-C,
    K-E-D,
    A-G-A-I-N,
    Fucked again!
    Fucked again!

  23. Maybe he should be allowed a murder that was prepaid.

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