New Prosecuting Attorney to Take Over Maryville Rape Case

4 years 11 months 5 days ago Wednesday, October 16 2013 Oct 16, 2013 Wednesday, October 16, 2013 6:10:00 PM CDT October 16, 2013 in News
By: Katie Kreider, KOMU 8 Reporter
loading

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
KANSAS CITY (AP) — A 46-year-old woman who set a fire that resulted in the deaths of two Kansas City... More >>
3 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 6:22:51 PM CDT September 21, 2018 in News
ST. LOUIS (AP) — Emissions near a troubled St. Louis County landfill once posed health concerns for workers and nearby... More >>
5 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 5:02:52 PM CDT September 21, 2018 in News
JOPLIN (AP) — Missouri Southern State University has abandoned plans for a dental school that would've operated in partnership with... More >>
5 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 4:51:59 PM CDT September 21, 2018 in News
ST. LOUIS (AP) — Some St. Louis police officers are still struggling with injuries more than a year after protesters... More >>
5 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 4:44:27 PM CDT September 21, 2018 in News
COLUMBIA - Columbia police said a fifth arrest has been made in connection with an alleged homicide on Sylvan Lane... More >>
6 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 3:50:00 PM CDT September 21, 2018 in News
JEFFERSON CITY - Police arrested a man early Friday after reportedly finding him outside an apartment complex, looking into a... More >>
6 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 3:27:00 PM CDT September 21, 2018 in News
KANSAS CITY - The Missouri Western District Court of Appeals ruled Friday to allow the Clean Missouri Initiative to stay... More >>
7 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 2:53:00 PM CDT September 21, 2018 in News
COLUMBIA – MU is one of only two Southeastern Conference universities to experience double-digit growth in new freshmen, while several... More >>
8 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 1:12:00 PM CDT September 21, 2018 in News
SPRINGFIELD - President Donald Trump is set to campaign at the JQH Arena for U.S. Senate candidate Josh Hawley,... More >>
9 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 12:43:00 PM CDT September 21, 2018 in News
COLUMBIA - The University of Missouri Board of Curators announced a resolution Friday supporting the University of Missouri-Columbia's efforts to... More >>
10 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 11:23:00 AM CDT September 21, 2018 in News
COLUMBIA - 82,000 Americans are still missing as the result of our country's biggest wars. POW/MIA Recognition Day is... More >>
11 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 10:59:00 AM CDT September 21, 2018 in News
COLUMBIA - The Columbia Planned Parenthood clinic will stop abortion services after Oct. 1 following a court ruling allowing the... More >>
11 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 10:20:00 AM CDT September 21, 2018 in News
WASHINGTON (AP) — President Donald Trump challenged the woman accusing his Supreme Court nominee of sexual assault by name Friday,... More >>
12 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 9:31:00 AM CDT September 21, 2018 in News
FERGUSON, Mo. (AP) — The daughter of an 84-year-old woman with dementia alleges in a lawsuit that... More >>
13 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 8:45:00 AM CDT September 21, 2018 in News
VIENNA - 27 year-old Anthony Macclugage has been charged with endangering the welfare of a child, felony Domestic Assault and... More >>
15 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 6:22:00 AM CDT September 21, 2018 in News
CHARLESTON, W.Va. (AP) — Attorneys general from West Virginia and 10 other states are asking the U.S.... More >>
16 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 5:34:37 AM CDT September 21, 2018 in News
(CNN) -- From January 2016 through February 2018, puppies sold at six pet store companies led to infections in 118... More >>
17 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 4:26:41 AM CDT September 21, 2018 in News
JEFFERSON CITY - Missouri's Stop Human Trafficking Coalition's 2018 conference is taking place this weekend and is a reminder that... More >>
19 hours ago Friday, September 21 2018 Sep 21, 2018 Friday, September 21, 2018 2:54:00 AM CDT September 21, 2018 in News
Columbia, MO
Broken Clouds 63°
11pm 62°
12am 61°
1am 60°
2am 59°