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Tuesday, April 9, 2013

Mark Woodworth: Defense Wants Governor Jay Nixon To Testify in Trial of 1990 Murder

Posted By on Tue, Apr 9, 2013 at 6:00 AM

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The notice of intent to take Nixon's deposition, full document below, says that the defense would like to tape the governor's testimony and touch upon a range of topics, including his discussions with Kenny Hulshof, the prosecuting attorney who originally handled the case, as well as his discussions with Judge Kenneth Lewis.

"Mr. Nixon was present and presumably participated to some degree," Ramsey tells us.

Missouri Attorney General Chris Koster. - VIA
  • via
  • Missouri Attorney General Chris Koster.

The overturned conviction earlier this year was based in part on letters exchanged between Judge Lewis, Lyndel Robertson (the husband of the victim) and the prosecutors -- which were reportedly not shared with the defense.

Ramsey wants to question Nixon about these letters, as well.

Asked about the latest appeal of the attorney general, Ramsey, citing the court's recent ruling, says, "By going so far in defending the actions that have been described as...["egregious, flagrant, cavalier disregard for evidentiary procedures and processes"], they are, if they haven't already become complicit, certainly bordering on it."

If the state doesn't respond to the Nixon deposition, Woodworth's attorneys will take a different route, he adds.

"If they don't volunteer to produce him for a deposition, we'll probably...have to select a date ourselves and subpoena him," Ramsey says.

The request lists this Thursday as the response deadline before they issue a subpoena.

Nixon's office did not respond to a request for comment from Daily RFT's office (but in the P-D, deferred comment to the attorney general's office, anyway).

Here's the defense's notice of intent to take Nixon's deposition.

Notice of Intent to Take Deposition

And here's the latest notice of appeal from the attorney general's office.

Woodworth Notice of Appeal

Send feedback and tips to the author. Follow Sam Levin on Twitter at @SamTLevin.

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