Jailed Man Brings Claims of Harassment, Innocence

7 years 6 months 2 weeks ago Tuesday, December 07 2010 Dec 7, 2010 Tuesday, December 07, 2010 6:18:59 PM CST December 07, 2010 in News
COLUMBIA - A Mid-Missouri man has filed a court petition demanding freedom for a person accused of sexually assaulting him nine years ago. Kristopher Kidd, 22, of Callao filed the court petition in Cole County. It claims 48-year-old John Duvall of Madison had no role in his case.

In the petition, Kidd claimed a prosecutor, deputy, and a SAFE exam coordinator did not listen to him when he said another person committed the crime. Kidd wrote in the document that he has repeated nightmares about putting a man in prison for something he "didn't do."

Duvall is currently serving the ninth-year of a 45-year prison sentence in connection with the case. He was charged with three counts of statutory sodomy.

THE BATTLE OVER JOHN DUVALL

Although Kidd has renounced the state of Missouri's decision, the two other men Duvall allegedly molested nine years ago have not. Frank Nejadly 18, of Moberly said he still remembers what happened. He said he has no doubt Duvall committed the crime.

"He'll never be a man in my eyes because you do something to a kid and it'll affect their lives forever," Nejadly said.

But, Duvall's role has been at the center of dispute ever since his detainment. His brother, David, still believes he is innocent. He believes his brother's case has been muddied by hierarchical corruption.

David Duvall said former Monroe County Prosecuting Attorney Michael Wilson offered one of John Duvall's cellmates leniency in return for false testimony on the case. The cellmate's name was Bobby Ray Wainright.

"I have the transcript and can show you that Mr. Wainright with the cooperation of prosecuting attorney Michael P. Wilson did in fact make a deal for leniency with him," Duvall said.

KOMU talked to Wilson who is now an Associate Circuit Judge in Monroe County. He said he "categorically denies" David Duvall?s claims. Wilson also said Wainright played a small role in eventually convicting John Duvall.

A HISTORY OF LEGAL ACTION

David Duvall has levied a number of lawsuits on the behalf of his brother with the intention of gaining his freedom. One of the abused men's families, the Maxeys, have been hit with a number of lawsuits pleading with them to change their statements as to what happened nine years ago. The Maxeys' lawyer, Stephen Wyse, said his clients are thinking of counteracting Duvall's action with a lawsuit of their own.

"The lawsuits have been harassing for the purpose of being intimidating," Wyse said.

Lawrence went one step farther.

"You get done not even fighting [a lawsuit] and you have another one right there at your door," Lawrence said.

KOMU found at least 10 separate entries on Missouri's courts database in which the Duvalls took legal action against the Maxeys. David Duvall said he was not harassing the Maxeys. Instead, he claimed he was practicing self-defense.

"When he quits committing torts against me, then I won't file suit," Duvall said. "That's where that comes from."

NO END IN SIGHT


Another turning point in this story will occur January 11. That is when Kristopher Kidd's petition will appear in court for a status hearing. In the meantime, the battle will continue.

David Duvall still wants his brother back. The Maxeys wants that same man to stay in prison. One thing is for sure ? a long and emotional journey lies ahead for both sides.

?I believe my son over anybody," Lawrence said.

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