Skip to main content

Missouri man set to be executed after 5 murder trials

Walter Barton
KANSAS CITY, Mo. (AP) — A southwest Missouri man who was convicted of murdering an elderly woman in 1991 is set to be executed this spring after five criminal trials, a rarity in death penalty cases, an expert said.

Throughout his trials, which unfolded over more than a decade and featured a jailhouse informant and blood spatter evidence, Walter Barton, 64, has maintained his innocence, his attorney said.

The Missouri Supreme Court on Tuesday set a May 19 execution date for Barton, who was convicted in the killing of Gladys Kuehler, 81, reported The Kansas City Star. She was found stabbed more than 50 times at a mobile home park she managed in Ozark, near Springfield.

Barton went on trial five times from 1993 to 2006. Two ended in mistrials, one of which stemmed from a jury deadlocked over his guilt, and two of his convictions were overturned. His final trial, which ended in his third conviction, was before a Cass County jury.

Robert Dunham, executive director of the nonprofit Death Penalty Information Center in Washington, D.C., said hundreds of people have undergone multiple proceedings for capital charges. Five trials is not unprecedented, he said, but it is rare.

“That is an indication that there is something very wrong either with the case or with the prosecution,” Dunham said, speaking generally. “If you’re going to give somebody a fair trial, it’s less likely to be overturned.”

Barton’s attorney, Frederick Duchardt Jr., has argued prosecutors elicited “false testimony” from a jailhouse informant who had nearly 30 convictions on her record that included forgery and fraud. She had a case dropped in exchange for her testimony, he said.

That witness testified Barton threatened her while in jail. She testified Barton said he would kill her “like he killed that old lady.”

Duchardt has also challenged the testimony of a so-called blood spatter expert who testified that small blood stains found on Barton’s clothing, which revealed Kuehler’s DNA, were made by “forceful ejection.” Barton, his lawyer said, got the victim’s blood on him because he was among three people who found Kuehler’s body that day and pulled someone else away from it.

“Missouri is about ready to put to death an actually innocent man,” Duchardt said Wednesday.

Prosecutors alleged Barton went to Kuehler’s home to borrow $20 and killed her. Barton went to the trailer of another resident and washed his hands, according to testimony. He told the other resident he had been working on a car. No blood was found on the sink, soap or towel Barton used, according to dissenters in a previous state Supreme Court decision.

Part of the state’s case against Barton included testimony that his mood changed after the killing and his statements to police were inconsistent, according to court documents.

The victim had been sexually assaulted and suffered large slashes to her body. Barton’s attorney said another expert argued the killer could not have been wearing Barton’s clothes because they would have been soaked in blood.

In 2007, the state Supreme Court affirmed Barton’s conviction and sentence in a narrow 4 to 3 decision.

The majority called the evidence of Barton’s guilt more than sufficient, saying evidence placed Barton at Kuehler’s home at the time of the killing. The dissenters said the only physical evidence tying him to the scene was the blood stain, calling it “highly suspect at best.”

Judge Michael Wolff wrote there was an unidentified hair found on the victim’s stomach. It was not consistent with Barton’s hair sample, he wrote.

“When taken together with the dubious physical evidence supposedly implicating Barton,” Wolff wrote, “evidence of the unidentified hair casts yet more doubt on the sufficiency of the physical evidence.”

Wolff said he could imagine why the court would affirm Barton’s conviction, noting that at least 36 of 48 jurors who heard the evidence — “tainted though it may be” — found him guilty.

“I cannot imagine, however, why the court would approve the death sentence on this sorry record,” he wrote.

The first attempt to prosecute Barton ended in a mistrial in 1993 after his attorney objected that prosecutors failed to endorse any trial witnesses.

Another mistrial was declared that same year after another jury deadlocked.

Barton was convicted in 1994 and sentenced to death. The state Supreme Court overturned the conviction over objections to the prosecutor’s final arguments.

In 1998, Barton was convicted again and sentenced to death, but another new trial was ordered when a judge found that the prosecution had failed to disclose the full background of one of its witnesses, among other improprieties.

Before the fifth trial, which was moved to Cass County, four potential jurors said they found it “difficult to believe” Barton was innocent because prosecutors had spent so many years trying him, Wolff wrote in his dissent.

At that trial in 2006, Barton was convicted for the third time. During the penalty phase, prosecutors said Barton had been convicted of two previous felonies, including assault with intent to kill, according to court records.

Barton has continued to file appeals in state and federal court.

Dunham, of the Death Penalty Information Center, said a common myth is that defendants abuse the system by appealing their convictions. In truth, he said, capital cases often take so long to work through the legal system because “states have failed to provide fair trials.”

Barton has been tried more times than most but does not hold the record.

Curtis Flowers, a Mississippi man who was charged in a quadruple homicide, was tried six times. His latest conviction was overturned by the U.S. Supreme Court and his case received national attention when In the Dark, an investigative podcast, raised questions about the prosecution. Flowers was recently released on bond and the state’s attorney general will decide whether to try him a seventh time.

As of Thursday, 1,515 people have been executed in the United States since 1976. Barton is scheduled to be the 90th person executed since then in Missouri.

Missouri was once among the most active death penalty states, but the pace of executions has slowed considerably in recent years in part because fewer convicted killers are being sentenced to death.

Four innocent people in Missouri have been freed from death row, according to the Death Penalty Information Center.

Of those put to death in Missouri, some inmates have asked their victim’s loved ones or a religious spirit for forgiveness. But at least eight proclaimed their innocence as part of their last statements, according to a review of state records.

“You are killing an innocent man,” wrote John Middleton, who was executed in July 2014 after he was convicted of murdering three people in 1995 in northern Missouri.

Since the 1970s, more than 160 people sentenced to death have been exonerated across the country, according to the Death Penalty Information Center. That means for every nine executions, one person on death row is exonerated.

“That’s an alarming rate of error,” Dunham said. “If planes crashed with that frequency, you can bet that we would completely re-examine our federal aviation system.”

Barton is scheduled to be executed during the 24-hour period beginning at 6 p.m. May 19 at the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre.

Source: The Associated Press, Staff, February 28, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Iran’s War on Women: Executions, Floggings, and the Politics of Fear

The Iranian regime is increasingly using death sentences, corporal punishment, and judicial persecution against women—not only to silence dissent but also to intimidate a society demanding change. The Iranian regime has long viewed women as central to the country’s struggle for freedom—and therefore as central targets of repression. The nationwide uprising of 2022 fundamentally altered the political landscape, demonstrating that Iranian women were no longer merely participants in protest movements but among their principal organizers and symbols. Since then, the authorities have steadily intensified their campaign against women, expanding the use of executions, imprisonment, corporal punishment, and judicial intimidation.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson. 

Ohio Gov. Mike DeWine issues three death penalty reprieves

COLUMBUS, Ohio (WCMH) – Ohio Gov. Mike DeWine issued execution reprieves for three death row inmates on Friday. In a statement, DeWine said he issued reprieves for Keith LaMar, Scott Group, and Davel Chinn, all of whom were set to be executed early next year. LaMar was scheduled to be executed on Jan. 13, 2027. He was convicted of aggravated murder for the deaths of five inmates during a 1993 riot at the Southern Ohio Correctional Institution in Lucasville. He received the death penalty for four of the killings. His new execution date is Jan. 13, 2030. Watch the latest NBC4 headlines in the video player above.