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Appeals court upholds freeing of Sandra Hemme, imprisoned 43 years for murder lower court ruled she didn’t commit

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An appellate court in Missouri ruled Tuesday that a lower court was right when it decided to overturn the murder conviction of a woman who spent 43 years behind bars for a killing that her attorneys argue was committed by a discredited police officer.

Sandra Hemme was freed in July while the decision to overturn her conviction was reviewed — at the insistence of Attorney General Andrew Bailey, who argued she should remain imprisoned.

Presiding Judge Cynthia Martin wrote in the scathing 71-page ruling that some arguments raised by Bailey’s office bordered “on the absurd.” She gave prosecutors 10 days to refile charges.

US-1980 Killing
Sandra Hemme, center, meets with family and supporters after she was released from Chillicothe Correctional Center on July 19, 2024, in Chillicothe, Missouri.

HG Biggs / The Kansas City Star via AP, File


“It is time for this miscarriage of justice to end,” Hemme’s attorneys said in a statement following the ruling in the Missouri Court of Appeals Western District.

Hemme had been the longest-held wrongly incarcerated woman known in the U.S., according to her legal team at the Innocence Project.

A spokeswoman for Bailey didn’t immediately respond to an email from The Associated Press seeking comment.

Hemme was being treated with heavy doses of antipsychotic drugs when she was first questioned about the 1980 murder of 31-year-old library worker Patricia Jeschke in St. Joseph. One of Hemme’s attorneys, Sean O’Brien, likened the drugs to a “chemical straightjacket” in an October hearing and said they raised questions about her ultimate confession.

“It makes her compliant,” he said. “It makes her subject to susceptibility.”

O’Brien also outlined evidence that was withheld that pointed to Michael Holman — a former police officer, who died in 2015. Evidence showed that Holman’s pickup truck was seen outside Jeschke’s apartment, that he tried to use her credit card, and that her earrings were found in his home.

The appellate court’s ruling said the record “strongly suggests” that police buried their investigation into Holman.

The same conclusion was reached in June when Judge Ryan Horsman in Livingston County overturned her conviction. He found that Hemme’s attorney had established “clear and convincing evidence” of “actual innocence.”

But Bailey asked the appellate court to review that decision, arguing that Horsman had exceeded his authority and that Hemme failed to present sufficient evidence on some of her claims.

What ensued was a month-long fight over whether she should be freed while that review took place. A circuit judge, an appellate court and the Missouri Supreme Court all agreed Hemme should be released, but she was still held behind bars as Bailey argued that she still had time to serve on decades-old prison assault cases.

Hemme walked free only after Horsman threatened to hold the attorney general’s office in contempt.

At the latest hearing in October, Andrew Clarke, an assistant attorney general, faced tough questioning.

One of the appellate court judges noted particular concern about what happened when Holman, the discredited police officer, couldn’t be ruled out as the source of a palm print detected on a TV antenna cable found next to the victim’s body.

The FBI asked for clearer prints, but police didn’t follow up. Jurors never heard about that or other evidence because the police never informed prosecutors.

“The court,” Clarke said in response to questions about the significance of suppressed evidence, “has to consider what its value is at a future trial, what it would look like. And if it undermines confidence in the prior verdict.”

Clarke contended that some of the evidence at issue might not have met the bar to be presented in court — a contention the judges questioned.

Bailey has a history of fighting overturned conviction cases. In July, a St. Louis circuit judge overturned Christopher Dunn’s murder conviction and ordered his immediate release. Among the key evidence used to convict him of first-degree murder was testimony from two boys who later recanted, saying they had been coerced by police and prosecutors.

Bailey appealed to try and keep Dunn locked up before he ultimately was released.



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Election 2024 live updates as Trump vs. Harris polls show tight presidential race

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Eminem endorses Harris at Detroit rally with Obama

Eminem endorsed Vice President Kamala Harris at a rally with Obama at a rally in Detroit, Eminem’s hometown.

APTOPIX Election 2024 Harris
Rapper Eminem, right, greets former President Barack Obama, left, on stage at a campaign rally supporting Democratic presidential nominee Vice President Kamala Harris, Tuesday, Oct. 22, 2024, in Detroit.

Paul Sancya / AP


“As most of you know, the city of Detroit and the whole state of Michigan mean a lot to me. And going into this election, the spotlight is on us more than ever,” Eminem, a longtime critic of former President Donald Trump, told the crowd. “And I think it’s important to use your voice. So I’m encouraging everybody to get out and vote.”

Obama walked out to Eminem’s “Lose Yourself,” saying “my palms are sweaty,” a line from the song. He then rapped several lines from “Lose Yourself.” 


By Katrina Kaufman

 

Trump privately praised Hitler, would govern like a dictator, former chief of staff says

Trump’s former chief of staff John Kelly in a pair of interviews released Tuesday voiced serious concerns about Trump’s ability to lead, saying he fits “the general definition of fascist,” had privately praised Adolf Hitler and his generals — and would govern like a dictator if he returns to the White House.

The Trump campaign denied Kelly’s accounts in both stories.


Former Trump chief of staff John Kelly says Trump would govern like dictator if elected again

02:24


By Kaia Hubbard

 

Walz: “Trump is descending into madness”

Democratic vice-presidential nominee Tim Walz on Tuesday night responded to a report in The Atlantic that Trump had praised Hitler’s generals, saying it made him “sick as hell.”

“The guardrails are gone,” Walz said. ” Trump is descending into this madness. A former president of the United States and the president of the United States says he wants generals like Adolf Hitler had. Think about it. And he already has the Supreme Court in his pocket. They’ve effectively given him full immunity.”


By Shawna Mizelle

 

Harris tells NBC’s Hallie Jackson: “Of course” team is prepared if Trump declares victory

Vice President Kamala Harris, asked by NBC News’ Hallie Jackson if her team has a plan, should Trump declare victory on election night before all the votes are counted, said she’ll be ready.

“We’ve got two weeks to go, and I’m very much grounded in the present, in terms of the task at hand, and we will deal with election night and the days after, as they come, and we have the resources and the expertise and the focus on that, as well,” she told Jackson in an interview that aired Tuesday on “NBC Nightly News”


By Caroline Linton





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Eye Opener: Startling revelations from a former White House chief of staff on Donald Trump

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Eye Opener: Startling revelations from a former White House chief of staff on Donald Trump – CBS News


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Startling revelations from a former White House chief of staff who says, based on what he says he witnessed, Donald Trump would rule like a “dictator.” Also, McDonald’s pulls its Quarter Pounder from some restaurants across the country due to a deadly E.coli outbreak. All that and all that matters in today’s Eye Opener.

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Boeing-made satellite explodes in space after experiencing an “anomaly”

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Capsule launches that will bring Starliner crew home


SpaceX launches capsule that will give Starliner crew a ride home

01:51

The U.S. Space Force is tracking debris in space after a satellite manufactured by Boeing exploded earlier this week, the satellite’s operator said. 

The Intelsat 33e satellite, which was launched in 2016 and provides communications across Europe, Asia and Africa, experienced “an anomaly” on Saturday, Intelsat said in a news release. Attempts were made to work with Boeing and repair the satellite, but on Monday, the U.S. Space Force confirmed that the satellite had exploded.

The satellite’s breakup left some customers without power or communications services. Intelsat said it is working with third-party providers to limit service interruptions, and is in communication with customers.  

Since the breakup, the U.S. Space Force is now tracking “around 20 associated pieces” of the satellite in space. The agency said that there are “no immediate threats” and routine assessments to ensure safety are ongoing. 

Russia’s space agency, Roscosmos, said it had recorded “more than 80 fragments” of the destroyed satellite. Analysis of the pieces’ trajectory determined that the destruction of the satellite was “instantaneous and high-energy,” Roscosmos said. 

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Intelsat 33e, the second Intelsat EpicNG satellite 

Photo: Business Wire / AP


The incident comes as Boeing remains under scrutiny for its manufacturing processes. Multiple issues on flights conducted by Boeing planes made headlines earlier this year. The manufacturer has also faced whistleblower complaints and federal investigations. Two astronauts have been stranded on the International Space Station for months after an issue on the company’s Starliner left the craft unable to transport people. Those astronauts are slated to come home in early 2025. 

Boeing reported a third-quarter loss of more than $6 billion on Wednesday morning. Earlier in October, newly-installed CEO Kelly Ortberg said about 10% of the company’s workforce would be cut. Tens of thousands of manufacturing employees are currently on strike.  



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