Summary
The Supreme Court of Missouri affirmed Kellen McKinney’s convictions for two counts of first-degree murder, two counts of armed criminal action, and attempted escape. The court held that joinder of the attempted escape charge with the murder-related charges was proper because the offenses were connected through their dependence and relationship, including the escape’s relevance to consciousness of guilt. The court also held that severance was not required because the evidence was sufficiently simple and distinct to avoid substantial prejudice.
Topics
Practice areas
Questions Presented
- Whether the attempted escape charge was properly joined with the murder and armed criminal action charges under Missouri Rule 23.05 and section 545.140.2, RSMo 2000.
- Whether the trial court was required to sever the attempted escape charge because trying it with the other charges caused substantial prejudice under Rule 24.07.
Holdings
- Joinder was proper because the attempted escape charge was connected to the other offenses through the dependence and relationship between McKinney's incarceration for the felony charges and his alleged attempt to escape prosecution for those charges.
- Severance was not required because McKinney failed to demonstrate substantial prejudice and the evidence concerning the attempted escape and the other offenses was sufficiently simple and distinct for the jury to distinguish and apply it without confusion.
Key quotations
“"Connected" is defined as: "[j]oined; united by junction, by an intervening substance or medium, by dependence or relation, or by order in a series."” (314 S.W.3d at 341)
“Severance is proper only after the defendant "makes a particularized showing of substantial prejudice if the offense is not tried separately" and after the "court finds the existence of a bias or discrimination against the party that requires a separate trial of the offense."” (314 S.W.3d at 342)
Factual background
John and Mildred Caylor were murdered, and McKinney was arrested after being linked to the murders by blood, DNA, and other evidence. While incarcerated on the felony charges, jail personnel discovered items and alterations indicating that McKinney was planning an escape. The attempted escape charge was added to the murder and armed criminal action charges, although the alleged escape attempt occurred approximately nine weeks after the murders and at a different location.
Procedural history
A jury convicted McKinney of two counts of first-degree murder, two counts of armed criminal action, and one count of attempted escape. The trial court imposed consecutive life sentences for the murder and armed criminal action charges and a consecutive four-year sentence for attempted escape. The Missouri Supreme Court considered the case after transfer from the court of appeals and affirmed the judgment.