a Better Bubble™

Aggregator

Disabled workers can be paid less than the minimum wage. Some states want to end that

2 years 6 months ago

OVERLAND PARK, Kan. — High-fives, fist-bumps and hugs come with the ice cream at the Golden Scoop. Tucked into a shopping center in suburban Kansas City, the shop employs 15 people with developmental disabilities. While customers first come for the sweet treats, many are drawn in by the Golden Scoop’s mission and friendly environment. “It […]

The post Disabled workers can be paid less than the minimum wage. Some states want to end that appeared first on Missouri Independent.

Kevin Hardy

Small business owners ask U.S. House tax writers to extend Trump-era deductions

2 years 6 months ago

WASHINGTON — As Congress gears up for negotiations ahead of the 2017 tax law’s expiration, economists and small business owners urged U.S. lawmakers Thursday to extend or make permanent the Trump-era tax cuts. Business owners from West Virginia and Wisconsin testified at a hearing before members of the House Committee on Ways and Means, advocating […]

The post Small business owners ask U.S. House tax writers to extend Trump-era deductions appeared first on Missouri Independent.

Ashley Murray

Metro optimistic that pay increases will fill open positions

2 years 6 months ago
ST. LOUIS -- Metro Transit officials are optimistic that recent pay raises will help fill open positions in its paratransit service. The St. Louis Post-Dispatch reports that Bi-State Development is on the verge of finalizing a new three-year contract with the Amalgamated Transit Union. This agreement includes an increase in base pay of more than [...]
Joe Millitzer

Special election to choose new Bridgeton mayor today

2 years 6 months ago
BRIDGETON, Mo.- - There is a special election to choose a new mayor in Bridgeton today. The late Terry Briggs, who passed away in February, left the position open, and this election is to fill it. Briggs had been elected to serve his fourth term as mayor in 2023. Now, Council Chair Randy Hein and [...]
Joe Millitzer

Mandatory minimum sentences are an old idea, but not a good one

2 years 6 months ago

It should be common sense: Criminal justice laws ought to make us safer. Currently, in Missouri, there are many pieces of legislation under consideration that would increase the use of mandatory minimums and roll back parole eligibility. The truth is, these bills won’t make us safer – but they will cost a lot. Mandatory minimum […]

The post Mandatory minimum sentences are an old idea, but not a good one appeared first on Missouri Independent.

Jeremy Cady

Overland Man Stole $1,500 of Vibrators, Police Say

2 years 6 months ago
An Overland man is currently in the St. Louis County jail accused of stealing more than $1,500 worth of vibrators from the Hustler Hollywood store in Berkeley. Police say that Christopher Booth, 34, entered the store one Wednesday evening last month and took eight high-end vibrators from the shelves and shoved them in a white trash bag before fleeing. Booth allegedly stole vibrators made by Swedish sex toy company LELO that retail for a little less than $200 each.
Ryan Krull

Good Taste Edibles' Fruitfetti Rosin Crispies Are a 10 Out of 10

2 years 6 months ago
Back in the day, I could smash some Rice Krispies Treats. I'm not talking about the prepackaged ones you purchase from the store, either. I'm referring to the real thing, the decadent, buttery, oh-so-marshmallowy variety that only comes from a home oven, with a generous amount of that most important ingredient, Love, baked into the mix.
Zooie Green

Heating things up for the weekend and beyond

2 years 6 months ago
ST. LOUIS -- Sunny and breezy Friday, highs will be in the upper 60s. Winds will gust 25-30mph through the day.  Winds will ease tonight, with overnight temps falling to the upper 40s. We have a very warm weekend on tap. Mostly sunny Saturday with highs around 80. Sunday’s highs will push into the mid [...]
Angela Hutti

The Chief Prosecutor in Elkhart, Indiana, Is Accused of Misconduct for Making Contradictory Allegations

2 years 6 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

A new motion has accused the elected prosecutor in Elkhart, Indiana, of misconduct, alleging she presented contradictory versions of the truth against two men in connection with a shooting that occurred more than 20 years ago.

The case stems from the drive-by shooting death of a woman on Aug. 13, 2003. Prosecutors have always maintained the shooter was Ignacio Bahena. But as to who gave Bahena the gun, the prosecution offered two different versions, pinning the act on one man, then pinning it on another, according to a motion filed by one of the men’s lawyers. Both men went to prison, and one of them is still serving time for the crime and challenging his 55-year sentence.

The Elkhart case is another in a line of instances across the country in which prosecutors have been accused of presenting contradictory accounts in court, depending on the defendant they’re trying. At least 29 men have been sentenced to death in the U.S. since the 1970s in cases where prosecutors were accused of presenting opposing versions of the truth, according to a search of legal cases.

ProPublica wrote in February about a case in Baltimore in which federal prosecutors offered opposing versions of the truth while securing a conviction on a gun charge against a man named Keyon Paylor. Two days after that story was published, the Department of Justice reversed course and agreed Paylor’s conviction should be thrown out, writing, in a court filing, that “public confidence cannot sustain irreconcilable versions of one event.”

The motion in Elkhart focuses on the actions of the county’s top prosecutor and asks that her office be disqualified from handling the case further. The motion marks another challenge to the workings of Elkhart’s criminal justice system, which has been the subject of a joint investigation by ProPublica and the South Bend Tribune. The two news organizations, as part of ProPublica’s Local Reporting Network, have reported extensively on Elkhart’s system of law enforcement, chronicling wrongful convictions, prosecutorial misconduct, and dubious investigative tactics and criminal wrongdoing by police.

The Elkhart case traces to the shooting death of 20-year-old Karla Castro, who was killed when Bahena shot at and wounded her boyfriend, according to court records. Bahena fired from an SUV that pulled up next to a Ford Mustang driven by Castro’s boyfriend, according to court testimony.

Bahena has never been caught. But prosecutors did charge two men who were in the SUV with him.

One of the two men, Eduardo Brena, appeared in Elkhart Circuit Court in June 2004 and pleaded guilty to a felony charge for providing the gun to Bahena on the day Castro was killed. During the plea hearing, the judge walked Brena through the charge’s factual basis, making sure Brena understood and admitted each element.

“Did you provide a handgun to him?” the judge asked Brena.

“Yes,” Brena told the judge.

The judge later asked, “Mr. Brena, did these acts occur on Aug. 13, 2003, in Elkhart County, Indiana?”

“Yes, sir,” Brena told the judge.

Representing the state at this hearing was Vicki Becker, who was then Elkhart County’s chief deputy prosecuting attorney. Asked if she wanted the court to accept Brena’s guilty plea, Becker told the judge, “Yes, I do, your Honor,” according to a court transcript.

The following month, in July 2004, Becker represented the state at Brena’s sentencing. She said Brena “recklessly provided that handgun” to Bahena and “enabled” the shooting to happen. The judge sentenced Brena to six years on the gun charge.

The second man charged in this case, Rodolfo Alexander, stood trial in March 2005, accused of being an accomplice to Castro’s murder. Alexander had been driving the SUV at the time of the shooting, prosecution witnesses told the jury.

The prosecutor at Alexander’s trial was Becker, the same prosecutor who had been in court for Brena’s guilty plea.

She called Brena as a witness, and Brena, on the stand, contradicted what he had said in court the year before.

He testified that he gave the gun not to Bahena on the day of the shooting, but to Alexander a couple of days before the shooting. Alexander thereafter passed the gun along to Bahena, the eventual shooter.

“And so was it OK with you” that Alexander gave the gun to Bahena? Becker asked.

“Yes, ma’am,” Brena said.

By putting Brena on the stand at Alexander’s trial — and having Brena provide an account that contradicted what he had said at his own plea hearing — Becker committed misconduct by knowingly presenting false testimony, the recent motion from Alexander’s lawyers says.

Alexander was convicted of murder, as an accomplice, and sentenced to 55 years. Prosecutors maintained that in addition to supplying the weapon, Alexander positioned the SUV in a way that helped Bahena open fire on the other car. Alexander’s initial appeal was denied in November 2005; his subsequent appeals have dragged on for years.

Becker, the prosecutor in both the Brena and Alexander cases, won election in 2016 to be the county’s top prosecutor. She has held the position ever since.

When contacted by ProPublica, Becker declined to comment on the allegation from Alexander’s attorneys that she committed misconduct. “As this is an actively pending matter, I am not able to engage in an interview of any kind regarding the case, nor may a representative of the State. All information should come from observing the public proceedings at this time. Thank you for reaching out,” Becker wrote in an email.

One of Alexander’s lawyers, Kevin Murphy, with Notre Dame Law School’s Exoneration Justice Clinic, also declined to comment. (Christian Sheckler, a former South Bend Tribune reporter who worked with ProPublica on stories published in 2018 and 2019 about Elkhart’s criminal justice system, became an investigator for the clinic in 2022.) ProPublica could not locate Brena to seek comment.

In March, Alexander’s lawyers filed a motion asking that a special prosecutor be appointed to the case and that Becker and her office be disqualified. The lawyers expect Becker to be a central witness in an upcoming appellate hearing, so she has a conflict of interest, the motion says.

As of Thursday, Becker’s office had not yet filed a response to the motion and its allegations, according to court records.

by Ken Armstrong