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)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.