Jailed Man Brings Claims of Harassment, Innocence

7 years 11 months 1 week 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.

More News

Grid
List
COLUMBIA - The Columbia Police Department recently announced their decision to end its Community Outreach Unit and some citizens are... More >>
24 minutes ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 5:41:00 PM CST November 14, 2018 in News
GARDEN CITY - An entire police department is out of a job Wednesday morning without notice. According to the... More >>
1 hour ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 5:00:00 PM CST November 14, 2018 in News
COLUMBIA – A new report from the Institute of International Education (IIE) found a decrease in the number of new... More >>
4 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 1:54:00 PM CST November 14, 2018 in News
BOONE COUNTY – The Boone County Sheriff’s Department has been working on a new computer system to better report hate... More >>
4 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 1:40:00 PM CST November 14, 2018 in News
COLUMBIA – Two people were taken into custody Wednesday in a case stemming from a string of overdoses involving synthetic... More >>
4 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 1:32:00 PM CST November 14, 2018 in News
BOONE COUNTY - Four people were killed in a multi-vehicle crash on I-70 Westbound Wednesday afternoon. The crash immediately shut... More >>
4 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 1:12:00 PM CST November 14, 2018 in Top Stories
MONROE COUNTY - The Missouri State Highway Patrol's Troop B found Raffaella M. Stroik dead in Mark Twain Lake on... More >>
5 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 12:14:00 PM CST November 14, 2018 in Top Stories
COLUMBIA - A Columbia woman is celebrating after winning a $64,000 jackpot. Penny McNear stops at Moser’s Foods on... More >>
6 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 11:22:00 AM CST November 14, 2018 in Top Stories
WASHINGTON (AP) — President Donald Trump is planning to support the first major rewrite of the nation’s... More >>
6 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 11:07:15 AM CST November 14, 2018 in News
COLUMBIA - The community will get a chance to learn more about autism Wednesday morning. The annual Columbia Autism... More >>
13 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 4:08:00 AM CST November 14, 2018 in Top Stories
COLUMBIA - Columbia plow drivers will be participating in the annual dry snow run to practice routes for the upcoming... More >>
14 hours ago Wednesday, November 14 2018 Nov 14, 2018 Wednesday, November 14, 2018 3:54:00 AM CST November 14, 2018 in Top Stories
BOSTON (AP) - World Against Toys Causing Harm, Inc. (W.A.T.C.H.) today revealed its nominees for the “10 Worst Toys of... More >>
22 hours ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 7:54:00 PM CST November 13, 2018 in News
COLUMBIA - The Almeta Crayton Community Program will be expanding its annual "Everybody Eats" Thanksgiving community to more locations. ... More >>
22 hours ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 7:24:00 PM CST November 13, 2018 in News
COLUMBIA - The city of Columbia is delivering an annual citizen’s survey to a random sample of households. The... More >>
23 hours ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 6:58:00 PM CST November 13, 2018 in News
COLUMBIA - Ryan Howard, a University of Missouri senior, is getting ready to head home for Thanksgiving break. But, his... More >>
23 hours ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 6:29:00 PM CST November 13, 2018 in News
COLUMBIA - Tuesday night a Columbia committee rejected the Kroenke Group's attempt for a city code variance at the former... More >>
1 day ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 4:10:00 PM CST November 13, 2018 in News
KANSAS CITY (AP) — Jackson County Prosecutor Jean Peters Baker says her office will not prosecute most marijuana possession cases.... More >>
1 day ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 3:19:43 PM CST November 13, 2018 in News
COLUMBIA – After several years of legal battles that culminated in $884,000 worth of legal fees, Trinity Lutheran Church celebrated... More >>
1 day ago Tuesday, November 13 2018 Nov 13, 2018 Tuesday, November 13, 2018 1:46:00 PM CST November 13, 2018 in Top Stories
Columbia, MO
Broken Clouds 29°
7pm 29°
8pm 28°
9pm 27°
10pm 26°