New Prosecuting Attorney to Take Over Maryville Rape Case

2 years 8 months 1 week ago October 16, 2013 Oct 16, 2013 Wednesday, October 16 2013 Wednesday, October 16, 2013 6:10:00 PM CDT in News
By: Katie Kreider, KOMU 8 Reporter

JEFFERSON CITY- Prosecuting attorney Robert Rice removed himself from the Maryville rape case Wednesday, meaning the presiding judge will appoint a new prosecuting attorney for the case.

KOMU 8 News spoke to Senator Kurt Schaefer, R-Columbia, Wednesday who said when this happens, the Attorney General usually becomes the new prosecuting attorney.

Attorney General Chris Koster does have the right to open an investigation if he is not appointed as the new prosecuting attorney, but said Tuesday he does not have the right to independently intervene in the decision of the Maryville rape case.

His statement sparked a backlash from some of Missouri's top political players, including House Speaker Tim Jones, R-Eureka, and Lieutenant Governor Peter Kinder. Both lawmakers argued Koster did have the right to review the decision in the case.

Jones cited Missouri statute 27.060, which states that "(t)he attorney general shall institute, in the name and on the behalf of the state, all civil suits and other proceedings at law or in equity requisite or necessary to protect the rights and interests of the state, and enforce any and all rights, interests or claims against any and all persons, firms or corporations in whatever court or jurisdiction such action may be necessary; and he may also appear and interplead, answer or defend, in any proceeding or tribunal in which the state's interests are involved."

Schaefer said the statute cited by Jones applies only to "civil" cases and "equity at law" cases, which are actions related to money damages or judicial relief. Therefore, Schaefer said the statute does not give power to Koster to intervene in the criminal rape case.

However, Schaefer said the Attorney General does have the right under Missouri law to begin an investigation of the case under the sexual offense chapter and pornography chapter of Missouri statute, due to the alleged video taken of the rape.

More News

Grid
List
JEFFERSON CITY, Mo. (AP) — The Missouri attorney general's office says more must be done to determine how a U.S.... More >>
17 minutes ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 9:24:33 AM CDT in News
KENNETT, Mo. (AP) - Charges have been upgraded to first-degree murder in the deaths of two southeast Missouri residents who... More >>
1 hour ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 8:40:59 AM CDT in News
ST. LOUIS (AP) - A 44-year-old St. Louis man is recovering after an unprovoked attack by a group of boys.... More >>
2 hours ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 7:36:00 AM CDT in News
KANSAS CITY, Mo. (AP) - A suburban Kansas City man has pleaded guilty to participating in a series of Craigslist... More >>
2 hours ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 7:29:49 AM CDT in News
KANSAS CITY, Mo. (AP) - Two brothers have been sentenced to 15 years in prison for fatally shooting a 21-year-old... More >>
2 hours ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 7:24:28 AM CDT in News
COLUMBIA - There's a growing popularity and increase of farmers using a plant mixture called 'cover crops' that will help... More >>
6 hours ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 3:13:00 AM CDT in News
FULTON – The City of Fulton agreed with the concept of a mutual aid agreement between Fulton Fire Department (FFD)... More >>
8 hours ago June 29, 2016 Jun 29, 2016 Wednesday, June 29 2016 Wednesday, June 29, 2016 12:59:00 AM CDT in News
Howell - A driver in Howell County received a dangerous surprise Tuesday when a bear ran across the highway and... More >>
11 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 10:22:00 PM CDT in News
OSAGE BEACH - With the Fourth of July weekend quickly approaching, Lake of the Ozarks residents are worried regulations are... More >>
11 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 10:01:00 PM CDT in News
COLUMBIA - A Columbia business owner pleaded guilty in federal court Tuesday to distributing synthetic marijuana, according to a state... More >>
15 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 5:49:00 PM CDT in News
COLUMBIA - The Missouri State Highway Patrol discussed homegrown violent extremists Tuesday. A homegrown violent extremist is a person... More >>
17 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 4:02:00 PM CDT in News
JEFFERSON CITY - Gov. Jay Nixon held a press conference Tuesday addressing recent legislative actions, including gun laws and abortion.... More >>
17 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:58:00 PM CDT in News
KANSAS CITY (AP) — A Kansas City man who tried unsuccessfully to firebomb an office of U.S. Rep. Emanuel Cleaver... More >>
17 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:51:00 PM CDT in News
FULTON - Westminster College's course listing will expand in the fall, when it begins to offer a new sports and... More >>
18 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:38:00 PM CDT in News
COLUMBIA – A panel of experts said new codes on planning and zoning will drastically change what can be built... More >>
18 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:30:00 PM CDT in News
JEFFERSON CITY (AP) — Gov. Jay Nixon has signed a bill that requires every student in Missouri public schools to... More >>
18 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:04:08 PM CDT in News
LIBERTY (AP) — A Kansas man is charged with stealing a shuttle van at an airport and then trying to... More >>
18 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 3:01:39 PM CDT in News
ST. LOUIS (AP) — The Missouri Supreme Court has thrown out a $7.5 million judgment to a former St. Louis... More >>
18 hours ago June 28, 2016 Jun 28, 2016 Tuesday, June 28 2016 Tuesday, June 28, 2016 2:57:43 PM CDT in News
Columbia, MO
Broken Clouds 73°
10am 76°
11am 78°
12pm 80°
1pm 82°

Select a station to view its upcoming schedule:

Coming Up Next

7:00a
Today
11:00a
Rachael Ray
12:00p
KOMU 8 News @ Noon
9:00a
The Steve Wilkos Show
10:00a
Crazy Talk
10:30a
Crazy Talk

Tonight's Schedule

7:00p
2016 U.S. Summer Olympic Trials
8:00p
The Night Shift
7:00p
Arrow
8:00p
Supernatural
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld