MO - Six Mohler family members for child sex crimes, Bates City 2009 #3

[Texas Mist]

here's info & opinion on grand jury indictments by a criminal defense atty in Jefferson City, MO:

A second way to bring charges in the circuit court is through the grand jury. The grand jury is called to serve by the presiding circuit judge, typically at the request of the prosecuting attorney. The grand jury consists of 12 citizens selected by the court from a randomly chosen master jury list.

Once the grand jury is sworn in, they meet in secret and the prosecutor presents evidence to them in the cases he wants them to consider. There is no judge present. The accused has no right to attend, no right to question the evidence, or put on his side of the case. There is no record made in most cases. The prosecutor leaves the room while the jurors decide which “indictments” they will issue. Nine jurors must agree. The result is almost always whatever the prosecutor wants.

The fairness of this process is dependent on the judgment and integrity of the prosecutor. Most of the time the grand jury gives the prosecutor what he wants. If he has a reluctant witness, he just brings in a police officer to repeat what the victim told him. Hearsay is common in front of the grand jury.

Not only can a prosecutor get an indictment in a case that would never survive a preliminary hearing, he can easily avoid an indictment in a high-profile case by presenting his case in a way that insures that the grand jury will not indict. It’s great political cover because the grand jury gets the blame but is bound by secrecy rules that prevent anyone from knowing what really happened. The familiar criticism that a prosecutor could persuade a grand jury to “indict a ham sandwich” is only a mild exaggeration.



http://blog.jeffcitylaw.com/?p=656

 

[Missizzy]

It's a slippery slope with memory. I hadn't thought about this in years but they tried this on us. During our kids' disclosures and interviews, LE got them to try to nail down dates. And remember, our kids (while young and disabled) were only a few months past the abuse but were still pretty confused about timelines. LE, without leading them, suggested that they try to remember other things that happened that day. Most of what they remembered were things that couldn't be nailed down--like "the day I walked home with Chris", etc.

Anyway, I was on the stand for about my fifth hour and it was getting really hairy. The day before we'd gone down the alibi route and a couple of my kids tripped up. They'd been asked about a date and they related what they remembered. The Defense Attorney trumped them by producing proof that it couldn't have happened that day. Bless them, they were not going to lie if they couldn't be sure. We'd put the fear of God into them about that. The rapist's attorney was trying to prove that her client couldn't have hurt them on a certain day because he was on vacation. They even had tickets to prove that the family was out of the country. How can you argue with that? I was literally getting sick as I saw things unravelling.

I'd brought my daily wall calendar (I still have it--it's a cheery Mary Engelbreit) and was going over it day by day with the Defense Attorney breathing down my neck. She had the tickets in hand. I found the dates and there, written clearly in pen were the words, "Postpone girls' housesitting next door, S family's trip postponed." I'm sure I uttered a "HAH!!" out loud. Saved by the calendar. It turned out that I had to know when their trip was as my older girls housesat for them. With that mental jab, I remembered that they'd had to postpone and I'd written it in my calendar. They didn't go on their trip until a week or so later. So, the rapist WAS in town on the day that several of my kids remembered something terrible happening. I'll never know if the family remembered about the postponement or was as shocked as I was. I've never heard sweeter words than "Nothing more, your Honor".

Oh, how I hope this family kept some sort of notes or calendars. JM went as far as to keep a photo of a crawl space so I have great hope. I have a feeling she knew she needed to keep some proof. They're going to have to pull out all the stops. I was really surprised at all that was admissible. Any sort of note or log or jotted blurb in a diary. We pulled it all out. If a child said that it was a day a special food was served in the cafeteria, the DA subpoenaed kitchen records. If they remembered that it was the day they got a vaccine, we checked with the doctor.

The most damning evidence of all came from one of our sons. He'd was about seven at the time of the rapes. He was a good witness and spoke up quite firmly. He distinctly remembered that the first rape occurred on the day he knew his Dad was getting a big piece of construction machinery. He was excited and couldn't wait to get home to sit on it. Well, he got raped that day at the school. He described the rape in his little boy words but it was clear exactly what happened. He even remembered how the rapist didn't care that the radiator was hot pressing against his body. He told this heart wrenching story of how it hurt to walk home and how he went to lay on his bed as he hurt too bad to get on the machine. He even described how he had to lay on his tummy due to the pain. He talked about how he had one of his brothers sit on the machine and come in and tell him about how cool it was. He testified that he told me that he had a tummy ache. Remember, I was on strict orders not to make eye contact with any child who was testifying. I couldn't cry or gasp. My husband and I just held hands and squeezed until we were in so much pain we couldn't think of anything else. We both just stared at trees out the window. Next came a teacher who testified that the rapist had helped out with the Kindergarten that day, even though his mother denied it. When the convictions came down, the judge spoke specifically about that testimony. I'm sure no one who was in that room that day will ever forget it.

Remember, I said it was all in the details. It's both the nuts and bolts details of putting the perps at the scene of a crime and the details of things no one would ever know had the abuse not occurred--things seen, body markings, smells, sounds, tiny details. A good DA will help the Mohlers with this. There will be lots of prep work. It's actually cathartic. It's hard but it feels so good to just get it out there.

Back to Darrel. He'd better be able to show that he's been on a merchant marine ship over in Asia for the last thirty years--with no shore leave. That's about all I'll accept.

 

[Texas Mist]

Well, well, well -- How 'bout this -- Sr. & evangelist, Larry Jones (formerly of Feed the Children charity) both in possession of that "legal" incest reading material

<snip>

Now, attorneys for the Board are revealing evidence seized a sweep of Jones' office at the charity which include a cache of hardcore and incest . The Oklahoman reports, "Evidence of other wrongdoing was found after his termination, the charity and its attorneys said. 'The unexpected discovery of pornographic material, along with other personal items found in his offices, leaves this board of directors saddened, but certain the right decision was made,' the charity said in its media statement Tuesday. In the countersuit, the charity’s attorneys described the material as publications and excerpts from publications ranging 'from hardcore to incestuous sexual family relationships.' The attorneys said the material was found hidden in his charity office and a nearby private area. The attorneys identified some of the publications as Family Affairs, Taboo’s Family Heat, Best of Family Touch, Penthouse Secret Fantasies, The Penthouse Sex Files, Penthouse Forum, Best of Forum Letters, Penthouse Letters, Penthouse, Penthouse Variations and Playboy."



more here

http://badlawyernyc.blogspot.com/2009/12/feed-children.html

 

[Wintergreen]

The most damning evidence of all came from one of our sons. He'd was about seven at the time of the rapes. He was a good witness and spoke up quite firmly. He distinctly remembered that the first rape occurred on the day he knew his Dad was getting a big piece of construction machinery. He was excited and couldn't wait to get home to sit on it. Well, he got raped that day at the school. He described the rape in his little boy words but it was clear exactly what happened. He even remembered how the rapist didn't care that the radiator was hot pressing against his body. He told this heart wrenching story of how it hurt to walk home and how he went to lay on his bed as he hurt too bad to get on the machine. He even described how he had to lay on his tummy due to the pain. He talked about how he had one of his brothers sit on the machine and come in and tell him about how cool it was. He testified that he told me that he had a tummy ache. Remember, I was on strict orders not to make eye contact with any child who was testifying. I couldn't cry or gasp. My husband and I just held hands and squeezed until we were in so much pain we couldn't think of anything else. We both just stared at trees out the window. Next came a teacher who testified that the rapist had helped out with the Kindergarten that day, even though his mother denied it. When the convictions came down, the judge spoke specifically about that testimony. I'm sure no one who was in that room that day will ever forget it.

Remember, I said it was all in the details. It's both the nuts and bolts details of putting the perps at the scene of a crime and the details of things no one would ever know had the abuse not occurred--things seen, body markings, smells, sounds, tiny details. A good DA will help the Mohlers with this. There will be lots of prep work. It's actually cathartic. It's hard but it feels so good to just get it out there.

Back to Darrel. He'd better be able to show that he's been on a merchant marine ship over in Asia for the last thirty years--with no shore leave. That's about all I'll accept.

Wow. I can understand them asking for no outbursts in court but they actually told you not to CRY? How could anyone hear their own child sobbing and not do the same? That's asking something superhuman of you. And as for the seemingly little things (thank goodness they were allowed) it seems the devil really is in the details.

 

[Wintergreen]

The fairness of this process is dependent on the judgment and integrity of the prosecutor. Most of the time the grand jury gives the prosecutor what he wants. If he has a reluctant witness, he just brings in a police officer to repeat what the victim told him. Hearsay is common in front of the grand jury. Not only can a prosecutor get an indictment in a case that would never survive a preliminary hearing, he can easily avoid an indictment in a high-profile case by presenting his case in a way that insures that the grand jury will not indict. It’s great political cover because the grand jury gets the blame but is bound by secrecy rules that prevent anyone from knowing what really happened. The familiar criticism that a prosecutor could persuade a grand jury to “indict a ham sandwich” is only a mild exaggeration.

So the prosecutor may use a grand jury to avoid an indictment--is it ethical for them to use the sysytem this way? Pardon my ignorance but this is all new to me. Thank you so much for explaining how a grand jury works!

 

[Wintergreen]

Updates:

http://www.richmond-dailynews.com/news.php?id=4047


http://blogs.pitch.com/plog/2010/01/burrell_mohler_jr_and_roland_mohler_indicted_on_rape_charges.php

 

[Texas Mist]

Oops - I forgot to post that casenet shows Roland's attorney now


Roland

JACOBY , RICHARD DALE , Attorney for Defendant
JAKE JACOBY LAW FIRM LLC
SPRING STREET LAW BUILDING
201 N SPRING STREET
INDEPENDENCE, MO 64050
Business: (816) 836-9911

 

[Missizzy]

Wintergreen--Yes, I was ordered to show no emotion by the judge, on request of the defense attorney. Our children testified one by one, while the others were excluded from the courtroom. No child heard another's testimony. Once they testified, they were kept separate from the other children. It was a logistical nightmare but we were helped greatly by school teachers who offered one or two sick days to stay with the children in a specially prepared room. We set up a TV so they could watch movies and they did crafts. Bless the teachers as it was harrowing for them also.

My husband and I were in the courtroom every second of the nine day session. Our adult children attended most of the days but one or two were so angry we asked them to stay home. I testified for almost a complete day. My tears on the stand were allowed and everyone was gracious.

It was my job to go to the special children's room and pick up the child. I then walked them to the courtroom. I positioned myself so that when we walked by the rapist, I shielded them. I was allowed to lead them up to the stand and get them situated. Then, I had to take my seat. When the first child testified I cried out and/or gasped once or twice. The defense attorney approached the judge and asked that I be removed. The judge was very compassionate but reminded me that my behavior could effect my children's testimony. I knew he was right.

From that moment on, I just swallowed the tears. I was corrected one other time for making eye contact and smiling at a child. That was difficult as I had made a pact with my children that if they ever felt scared, they could look at me. The defense attorney didn't like that plan so I had to be satisfied with looking at the judge or out the window. I prepared the children by telling them that if they looked at me, they would know that I was praying that they would be strong and be truthful. One child broke down on the stand and asked for me but I was not allowed to respond. The DA was very gentle with the children and gave them time to cry and calm down before she proceeded. Even the defense attorney was outwardly kind. I think the Judge would have eaten her for lunch if she hadn't been. A couple of the children commented afterwards that they'd liked her but she sure "had her story mixed up".

The word is "grace". Grace got me through it. I floated. I was on autopilot and I smiled and breathed deeply. I also sat up straight, and held tightly onto my husband's hand. We asked our adult children to sit behind us as I couldn't have watched them crack and I didn't want them leaning on me. I knew how hard it would be for them and they held hands together and took their cues from the way my husband and I acted right in front of them. We never spoke in the hallways as the hallways were full of the rapist's supporters. We were taken to private rooms during breaks but we did not visit the children. It would have been too difficult.

Every night we went home and dinner was on the counter. Bless our neighbors and teachers. We let the children watch a movie each night but there was no talking at all about court. It was all very artificial and formal but that's the only way we made it through.

When the convictions were read, however, there was a great deal of crying and wailing and hugging. The judge read each child's name as he read off the convictions. I need to clarify something here, too. I've always stated that the rapist was convicted of raping our eight youngest children. He was found guilty on 12 counts. However, one child absolutely fell apart on the witness stand and did nothing but sob. There wasn't a conviction in his name. However, the judge did admit that he had discounted another count for that child that should have been a conviction. To this day, that child does not know that there was no conviction in his name. The children were told that the convictions covered everything Smith did. That was good enough for them and for me.

Wintergreen, please don't think that I didn't cry. Oh, I did. I just had to do it in such a way that my children didn't see it. In retrospect, I'm sure it was the right decision but it was the hardest thing I've ever had to do.

 

[Missizzy]

I forgot to add that as we went up the marble steps of the old courthouse each morning, my husband would utter the words, "One foot in front of the other" very quietly to me.

I also carried a Bible verse written on a piece of paper folded in my hand. It's
2 Timothy 1:7.

"For God has not given me a spirit of fear, but of power and of love and of a sound mind."

 

[Suthrnqt]

Had to take a break for awhile, but now I think I'm strong enough to continue. This case hits close to home for me. I am thankful that all the faithful WSers have been posting updates. It is much appreciated.

 

[Missizzy]

Suthrnqt--I just wanted to say that I'm so sorry this is hard for you. It is a nasty one. Take care of yourself as there are a LOT of triggers on this thread. Just check in when you feel strong enough.

(((hugs)))

 

[Missizzy]

I was just checking MO Casenet again and noticed that I'd missed a few pages. We've posted about Burrell Mohler Jr. having at least (if not more) four wives. Does anyone know who he's married to now? Has that person spoken to the press? We got a statement from a KMohler, Roland's wife. She's the one who was in conference with her husband, per the judge's permission, about the sale of some property. We know that Sr's wife turned over his nasty . It's been reported that David's wife works at Graceland University and that Jared isn't married. We know that Darrel, from Florida, has a new wife (well, now that's a shock) and also has several children and grandchildren. I haven't read anything, though, about Burrell Jr's current marital or family status. Casenet shows him divorcing a couple of years ago from a PMohler and states that there are children involved. How did that get past me? Does that not raise any concerns? I wonder if these were birth children or step-children (as was the little boy Mr. Y was concerned about)?

If Burrell Jr. has/had children in his current home, I wonder what the status of those children is. I'm very hopeful that DHS is taking a close look at those kids. I wonder if the very presence of those children might not have been what pushed the older siblings to disclose. I've always had the sense that the survivors might be concerned that this crime would be repeated...either in the family, the community, or the church. I've also thought that, most likely, the survivors would be starting their own families and worried about the male relatives having access to new little ones.

Has anyone seen any new info? Anyone local hearing anything of interest?

 

[Missizzy]

http://www.snapnetwork.org/snap_pre...r_who_broke_bail_agreement_is_freed_again.htm


Clergy sex victims write Vermont governor in protest

Told to stay put, alleged child molester drove to Missouri

And told to avoid kids, he carries a baby into courthouse

"State is failing to protect the vulnerable," group contends

"Like several other alleged child molesters who were arrested last month in a high profile case [ETA The Mohlers], Paul J. Cool was associated with the Reorganized Church of Jesus Christ of Latter Day Saints, which since 2001 has been known as the Community of Christ, a controversial group based in Independence MO."

more info at the above link and here:

http://blogs.pitch.com/plog/2009/12...ild_sexual_abuser_--_in_and_out_of_prison.php


Not sure if everyone remembers this detail but SNAP reported on Cool's arrest at about the same time as the Mohlers. The allegations reminded me very much of the killer, Jeff Lundgren, and were disgusting. He abused in the "name of God". I did a little research on him and couldn't find any links to the Mohlers but I'll keep looking.

It is interesting to note, however, that he's also a member of the Community of Christ. Notice that SNAP refers to this church as controversial. I'm not sure why. Cool is reportedly from Blue Springs, MO but I find him also listed at several addresses in Vermont and the Kansas City area. If we're talking about MO, he's only 10-20 miles from any of the Mohlers and he's close in age, 49. Wonder if the men knew each other?

 

[Missizzy]

Remember how there was great outcry from the Community of Christ Church that none of the accused ever held an authoritative position over children? I've posted a couple of times about finding a reference to the fact that David participated informally with an Americorps summer program at Graceland, which would refute that statement. However, I just came across this comment at the link below:

http://blogs.pitch.com/plog/2009/11/what_is_the_community_of_christ.php

".......Nonetheless, the actions of 5 [ETA, one more was added] individuals, belonging to one family do not warrant the systematic judgment that you place on my church. Community of Christ has done exactly what should be done in this situation, by suspending their priesthood liscences, and revoking all youth worker certifications for the accused. Our leadership has acted responsibly, as they should have done." Posted by "King" on Nov. 13


Why would these men need these licenses if they never worked with children?

 

[Missizzy]

http://www.fox4kc.com/wdaf-mohler-darrel-venue-judge-012110,0,3454991.story?track=rss

Darrel Mohler Granted Change of Venue In Sex Abuse Case

"One of the six men charged with sexually abusing young family members in Lafayette County was granted a new judge and change of venue on Thursday. The Lafayette County Circuit Clerk said Darrel Mohler appeared in court on Thursday and it is not known where his new trial will be."

 

[Missizzy]

http://www.columbiamissourian.com/stories/2010/01/22/darrel-mohler-getting-new-judge-rape-trial/

Mohler getting new judge for rape trial

"A new judge will be assigned to the case of a 72-year-old Florida man accused of molesting young family members two decades ago....."

FWIW, just posting this. If you get a change of venue, you obviously get a change of judge. They won't allow the trial to proceed in Florida, though, will they? Darrel can flip reporters off just as well anywhere and I really think an oxygen tank and mobility assistance can be arranged in a MO courtroom.

 

[Texas Mist]

http://www.columbiamissourian.com/stories/2010/01/22/darrel-mohler-getting-new-judge-rape-trial/

Mohler getting new judge for rape trial

"A new judge will be assigned to the case of a 72-year-old Florida man accused of molesting young family members two decades ago....."

FWIW, just posting this. If you get a change of venue, you obviously get a change of judge. They won't allow the trial to proceed in Florida, though, will they? Darrel can flip reporters off just as well anywhere and I really think an oxygen tank and mobility assistance can be arranged in a MO courtroom.

MissIzzy - I don't think that by default, a new judge is assigned w/ change of venue so that's why they asked for a new judge separately.

And if I'm not mistaken, it would have to be a high-profile federal case to move a trial from one state to another.

Looks to me as tho Darrel's attorney is making sure the case is distanced from the community where he once lived so they can find a fair jury & judge.

I'm surprised the change of venue was granted given that this case has had national attention, albeit not on the level of Casey Anthony's case.

 

[Missizzy]

Do you think it's likely that there will now be requests from the other accused Mohlers? I realize that this is of great interest regionally and within certain church groups. Most likely people are very polarized but there can't be a single person in this country who hasn't read about this case.

I didn't actually think it could be moved to Florida for Darrel's convenience. However, I didn't think he'd be allowed to bail due to a need for oxygen (when that wasn't medically proven).

 

[Texas Mist]

Do you think it's likely that there will now be requests from the other accused Mohlers? I realize that this is of great interest regionally and within certain church groups. Most likely people are very polarized but there can't be a single person in this country who hasn't read about this case.

I didn't actually think it could be moved to Florida for Darrel's convenience. However, I didn't think he'd be allowed to bail due to a need for oxygen (when that wasn't medically proven).

I checked MO casenet and Darrel's is the only one w/ any 'action' on it....maybe the rest of 'em are all waiting to see what happens w/ Darrel's case - filing motions & delaying trial dates until Darrel's verdict comes in....(just tossing that out there as I mull this over.)

 

[Texas Mist]

My lastest check of MO casenet shows there are court hearings tomorrow morning:

Darrell --

Text: Cause is set for jury trial commencing March 24, 2010 at 8:30 a.m. with the pretrial set on February 1, 2010 at 11:00 a.m.
Docket Entry: Pre-trial Conference Scheduled
Associated Events: 02/01/2010 , 11:00:00 - Pre-trial Conference

Judge/Commissioner Assigned: HARMAN, LARRY DALE


Sr. --

Docket Entry: Arraignment Scheduled
Associated Events: 02/01/2010 , 10:00:00 - Arraignment

Judge/Commissioner Assigned: ROLF, DENNIS ALLEN

Jr. --

Docket Entry: Arraignment Scheduled
Associated Events: 02/01/2010 , 11:00:00 - Arraignment

Judge/Commissioner Assigned: ROLF, DENNIS ALLEN

Jared --

Docket Entry: Plea/Trial Setting Scheduled
Associated Events: 02/01/2010 , 10:00:00 - Plea/Trial Setting

Judge/Commissioner Assigned: ROLF, DENNIS ALLEN


Roland --

Docket Entry: Arraignment Scheduled
Associated Events: 02/01/2010 , 11:00:00 - Arraignment

Judge/Commissioner Assigned: ROLF, DENNIS ALLEN


David --

Docket Entry: Arraignment Scheduled
Associated Events: 02/01/2010 , 10:00:00 - Arraignment

Judge/Commissioner Assigned: ROLF, DENNIS ALLEN