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Finally Gardner moves on motion to vacate wrongful conviction | Political Eye | stlamerican.com

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Last week, Circuit Attorney Kimberly Gardner finally moved forward with filing the necessary pleadings to right the wrongful conviction of Lamar Johnson. Johnson, who was convicted of murder in 1995, has a strong chance to be released under the new law passed by the Missouri Legislature last year. 

Under the 2021 law, county prosecutors like Gardner were empowered to file a document called a “motion to vacate,” a formal request to void a person's previous conviction that the prosecutor believes was wrongfully obtained. The passage of the law arguably was in response to Gardner's first attempts to liberate Johnson from his wrongful conviction – an attempt that took several twists and turns and ended with a Missouri Supreme Court order denying the innocent man his freedom.

But even after the legislature created the legal foundation for Gardner to overturn that 27-year wrongful conviction, the Circuit Attorney's Office did not move forward.

On the other side of the state, within days of the new law's enactment, Kansas City prosecuting attorney Jean Peters Baker promptly moved forward with her motion to vacate the wrongful conviction of Kevin Strickland, who spent 43 years behind bars as an innocent person.

Still, nothing from Gardner.

Within a few months after filing to overturn Strickland's wrongful conviction, Baker was successful despite excessively unethical and abusive behavior by the Missouri Attorney General, Eric Schmitt.

And even after Strickland's success in court and his subsequent release in November, Gardner still did not act to move Johnson's case foward.

Until last week, Baker was the only Missouri prosecutor to file the new “motion to vacate” since the law took effect at the end of August 2021.

By Wednesday last week, the court docket shows that a sealed “Motion to Vacate” had been filed by Johnson's legal team, along with 19 exhibits in support. As of the date of publishing this report, the Attorney General has yet to interfere with Johnson's case, as he attempted to do with Strickland's appeal in fall 2021.

Johnson's family, friends, and supporters advocated tirelessly for him, before and after the Missouri Legislature passed the new wrongful conviction law. Before Gardner's office filed the “Motion to Vacate,” the Missouri Justice Coalition led a protest outside of the 22nd Judicial Circuit Courthouse – and Gardner's office – to demand that the Circuit Attorney move forward with seeking to liberate Johnson. Missouri Faith Voices advocated for clemency in the years following the wrongful conviction.  Community leaders demanded the termination of the detective who fabricated evidence that was used to convict Johnson. Even some elected officials asked Gardner directly to move forward to Johnson under her new authority.

Sometimes, holding elected officials' metaphorical feet to the fire is the most effective way to cause action. Such an expansive coalition of statewide advocates shows the overwhelming support for Mr. Johnson's release from his wrongful conviction. The EYE hopes that this broad network of advocates is able to help to finally achieve his freedom.

Stung by criticism, candidate Coatar returns campaign donations

Seventh Ward Alderman Jack Coatar's favorite benefactors, Sid Chakraverty and Victor Alston, landed themselves in the crosshairs of the St. Louis Post-Dispatch earlier this week. A detailed exposé illuminated the developer-brothers' apparently intentional devaluation of the Ely Walker Lofts in Downtown West. As residents have detailed, conditions and security in the building have deteriorated since the Lux Living owners took control of the lofts in 2015. A city settlement was announced on Tuesday, a day before a public hearing scheduled for Wednesday regarding a public nuisance complaint from residents. Chakraverty and Alston have also been accused by tenants and condo owners at some of their other properties – including The Hudson in DeBaliviere Place and The Michelangelo in the Central West End – of being high-end slumlords, failing to maintain buildings, eliminating cleaning services of common areas, and even placing friends and family members on condo association boards.

Development of Lux Living's The SoHo Apartments in Soulard – squarely within Coatar's own ward – was protested by a number of local unions, including Bricklayers Local 1, Operating Engineers 513, and IBEW Local 1, after Lux allegedly hired non-union contractors that pay sub-standard wages. Lux Living's abuse of St. Louis City's tax abatement process (including selling abated properties for windfalls at the City taxpayer's expense) became so egregious that the St. Louis Development Corp. had to create new policies to allow the City to “claw back” tax incentives from developers who sell abated properties.

In Kansas City, Chakraverty and Alston were denied a 25-year, $55 million tax incentive package after the Port Authority there discovered a $100,000 SEC settlement and at least three lawsuits filed in the last five years. Both the settlement and the lawsuits were not disclosed by the Lux Living developers in their application for tax breaks, ultimately resulting in the denial of those development incentives.

Chakraverty's and Alston's apartment companies, Lux Living and Asprient Properties, have become household names across the state – and not in a good way.

But perhaps most egregious are elected officials, like Coatar, who continue to enable Lux Living's and Asprient's bad behavior. Even Alderman James Page (D-Ward 5), who previously served as the Downtown Neighborhood Association executive director, has seemingly turned a blind eye to the “public nuisance” that the Ely Walker loft building has become.

As recently as last week, Lux Living submitted a proposal for a 7-story apartment building in the Delmar Loop area on the University City side. Lux Living was unclear as to whether it will seek corporate handouts for this project – currently named “The Bond” – and shame on any city council that awards these developers any more taxpayer dollars for their shoddy real estate projects.

Clearly, these developer-partners are unbothered by the growing number of tenant complaints, blatant conflicts of interest, and pay-to-play schemes, as they continue to seek tax incentive packages and other political favors. Stung by criticism of his relationship with these shady developers, the Post reports that Coatar has returned $15,000 of campaign donations from these brothers and their associated LLCs

Schmitt knew and refused to act

If you haven't heard about Agape Boarding School yet, buckle up.

Agape Boarding School in Stockton, Missouri, was founded by retired California police officer James Clemensen in 1990, citing Missouri's lack of regulations for faith-based schools. The boarding school fashioned itself as a so-called “Christian” ranch for “troubled youth,” but over the course of the last several years, dozens of civil lawsuits and criminal charges have been filed against the school and its employees. Allegations include students being forced to shower in front of staff, handcuffing students, routine sexual assaults, and frequent deprivation of necessities like food, water, and toilet paper. We'll revisit the involvement of later.

The Missouri Independent reported yesterday that according to records of the state Department of Social Services, all 10 substantiated preponderance of evidence claims against Agape involved findings of physical abuse.

In July, Agape lost its academic accreditations in response to extensive reporting by the Kansas City Star that exposed the atrocities committed against children at these faith-based boarding schools. The reporting also found that at least seven faith-based boarding schools had relocated to Missouri after being shut down in other states following allegations of abuse and neglect.

In 2021 and in response to the reporting, the Missouri Legislature passed a law that allowed for greater oversight of faith-based boarding schools that now require background checks for staff and volunteers and communication with the State Department of Social Services. However, Missouri still keeps no records on boarding schools that operate without a license.

Public outcry against Agape and other faith-based boarding schools has been mostly unacknowledged by local media, probably because Agape Boarding School remains open. However, an explosive federal indictment from California last week has apparently changed the tides. In that indictment, Julio Sandoval, Agape Boarding School's former dean, and a parent were alleged to have forcibly transported a handcuffed child across state lines, driving him from California to Stockton, Missouri. Sandoval, apparently during his tenure of leading the boarding school, had founded an “agency” to transport children to boarding schools across the country. He reportedly works at another faith-based school, Lighthouse Christian Academy in Piedmont, Missouri.

This is where law enforcement comes in, and some red flags are raised.

Remember that the founder of Agape Board School was a former California police officer? What we now know is that intentional efforts were made by the school to hire local law enforcement, which put former dean Sandoval on the payroll at the Cedar County Sheriff's Department, along with other Agape leadership, family members, and allies. Abductions and forcible transportation of children to religious boarding schools became all-too-common in the state. In a 2009 auditor's report of Cedar County, State Auditor Nicole Galloway found evidence of deputy sheriffs using inexplicable, excessive amounts of fuel for patrol cars. Years later, in a 2022 Kansas City Star article, Sandoval's “youth transportation company” was found to have employed two off-duty Cedar County Sheriffs' deputies to kidnap and transport children across state lines to the boarding school operated by Sandoval. Mystery solved?

Through a Missouri Sunshine request, state and federal public records show that these shocking allegations of physical abuse, sexual violence, and enslavement at the boarding school were submitted to the Attorney General Eric Schmitt's Office in early 2021. The small office of the Cedar County prosecuting attorney asked for assistance from the Missouri Attorney General to prosecute the rapidly-increasing number of criminal charges – only for Schmitt's office to later leave the case. While Schmitt's office has publicly decried its disagreement with Cedar County's refusal to prosecute some of the AG's crimes, public records show a much different story.

As recounted by State Rep. Sarah Unsicker (D-Shrewsbury), multiple federal leads were sent to Schmitt's office by the POLARIS Project, a program under the U.S. Department of Homeland Security that operates the National Human Trafficking Hotline. In February 2021, at least one tip was sent to Schmitt's office and the Missouri State Highway Patrol, related to “minor .” Potential traffickers were identified in the hotline report as Clemensen, his wife, a local sheriff, and Agape staff members, and allegations detailed excessive heavy labor during summer months, threats of physical and sexual abuse toward children who refused to work, and using religion as a basis to not pay wages

Schmitt's office, according to records obtained by Rep. Unsicker, did not forward the child labor and unpaid wages violations to the Missouri Department of Labor to investigate further. No public records of Schmitt's office investigating Agape Boarding School have surfaced.

As a reminder, Attorney General Schmitt is running for U.S. Senate, and he expects voters to disregard or forget his failures to protect Missouri residents. Schmitt apparently has looked the other way when confronted with child labor, , and abuse in all forms, while targeting elementary schools for life-saving mask policies and harassing nonprofits under the Sunshine Laws. Considering that this “law and order” candidate defends the January 6 failed insurrection, voters can see that there is neither law nor order in Schmitt's actions.

 
 

This “Eyes on Trafficking” story is reprinted from its original location.

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PBJ Learning is a leading provider of online human trafficking training, focusing on and prevention education. Their interactive Human Trafficking Essentials is used worldwide to educate professionals and individuals how to recognize human trafficking and how to respond to potential victims. Learn on any web browser (even your mobile phone) at any time.

More stories like this can be found in your PBJ Learning Knowledge Vault.

 

EYES ON TRAFFICKING

This “Eyes on Trafficking” story is reprinted from its original online location.

ABOUT PBJ LEARNING

PBJ Learning is a leading provider of online human trafficking training, focusing on awareness and prevention education. Their interactive Human Trafficking Essentials online course is used worldwide to educate professionals and individuals how to recognize human trafficking and how to respond to potential victims. Learn on any web browser (even your mobile phone) at any time.

More stories like this can be found in your PBJ Learning Knowledge Vault.