Simply put the reason why I’m not voting for Judge Jacobs is because he violated my client’s rights under the Mo. Constitution and a deal he made with a notorious pimp amending a felony prostitution charge to misdemeanor trespassing.
This decision comes down to my duty as an attorney to defend the Constitution. Prudence would normally dictate that an attorney practicing before a judge should avoid political conflict with that judge. Almost every judge I’ve ever practiced before in court knows that professional conflict with a judge is to be expected from me. My fundamental conflict with Judge Jacobs and why I’m not voting for Judge Jacobs this election is based in the Missouri Constitution. Our state Constitution gives citizens accused of a felony the right to depose “any witness within the state“. Judge Jacobs denied my client that very right. The ability to take a deposition of a witness under oath is the greatest protection of truth and our right to a fair trial that we as Missourians have under our law. This simple right helps prevent the wrongful conviction of the innocent. Not voting for Judge Jacobs is not an easy decision to make public.
The Western District of the Missouri Court of Appeals in State v. Kelley, 693 S.W.2d 114, stated, “ Discovery in criminal cases is based upon the proposition “that the ends of justice will best be served by a system of liberal discovery which gives both sides the maximum possible amount of information with which to prepare their cases and thereby reduces the possibility of surprise at trial.” Wardius v. Oregon, 412 U.S. 470, 473, 93 S.Ct. 2208, 2211, 37 L.Ed.2d 82 (1973); and see, State v. Petree, 568 S.W.2d 546, 548 (Mo.App., K.C.D.1978). “The adversary system of trial is hardly an end in itself; it is not [Page 116] yet a poker game in which players enjoy an absolute right always to conceal their cards until played.” Williams v. Florida, 399 U.S. 78, 82, 90 S.Ct. 1893, 1896, 26 L.Ed.2d 446 (1970). The rules of discovery are intended to promote informed pleas, to expedite trials, to minimize surprise, and to increase the opportunity for effective cross-examination. State ex rel. Westfall v. Crandall, 610 S.W.2d 45, 47 (Mo.App.E.D.1980); State v. Dixon, 655 S.W.2d 547, 560 (Mo.App., E.D.1983).
Missouri Constitution Article 1, Section 18(b) Depositions in felony cases:
Section 18(b). Upon a hearing and finding by
the circuit court in any case wherein the accused is charged with a
felony, that it is necessary to take the deposition of any witness within
the state, other than defendant and spouse, in order to preserve the
testimony, and on condition that the court make such orders as will fully
protect the rights of personal confrontation and cross-examination of the
witness by defendant, the state may take the deposition of such witness
and either party may use the same at the trial, as in civil cases,
provided there has been substantial compliance with such orders. The
reasonable personal and traveling expenses of defendant and his counsel
shall be paid by the state or county as provided by law.
This case involving the denied deposition, is principally why I am not voting for Judge Jacobs. His preventing me from taking a deposition essential to my client’s right to a fair trial. The witness I sought to depose is the Sheriff of Boone County, Missouri. An elected official with significant power and influence. My deposition would have been about evidence lost by the Sheriff’s Department that I believe is essential to my client’s defense. Boone County said our Sheriff is too busy and powerful to be inconvenienced by a deposition. Judge Jacobs granted their motion to quash my deposition subpoena. In my opinion Sheriff Carey had essential information about the lost evidence crucial to my client’s case.
GOVERNOR ERIC GREITENS appointed Jonathan Hasbrouck (“Brouck”) Jacobs as judge in October 2017
I first met Brouck Jacobs after he came to Missouri and became an Assistant Boone County Prosecutor in 2013. As an assistant prosecutor, I found him to be fair and ethical in his conduct. Prosecutors have great power and the ability to enact substantial justice with the governmental power entrusted to them. Brouck Jacobs applied for judicial vacancy created by a retirement and was appointed as a Boone County Circuit Court Judge for Division 1 by Governor Eric Greitens.
It is not uncommon for a former prosecutor, who becomes a judge to find that their training as the government’s lawyer causes them to give preference to the government in any controversy before the court. It is a rare, in my experience, that a former prosecutor is able to fully set this affiliation aside once they take the bench.
DARKSIDE OF THE “WAR ON DRUGS”
As a Military Policeman, I was attached to the Army’s Criminal Investigation Division (CID) on a Drug Suppression Team (DST). For a couple of months before my transfer to Europe. I made small-time drug buys and conducted surveillance and investigations in support of drug related prosecutions. CID is the Army’s version of the Navy’s NCIS made famous by numerous TV series so named. As a low-ranking soldier in the “War on Drugs” I was a true-believer in the cause during this time of my life. The only criminality tolerated by my team was trading the dismissal of charges against a drug-user. If they helped in the arrest and/or prosecution of their drug-dealer. Unfortunately, these type of deals are the least of the criminality tolerated by government agents engaging the on-going battles during America’s “War on Drugs”.
The Drug War is waged across the nation with property seizures under Civil Asset Forfeiture that are unrelated to criminal convictions which are then used to fund law enforcement operations. With these seizures of property and/or money being viewed as “pennies from heaven“ by police. Citizens often describe these property/money seizures as governmental piracy for the harm it does to them even though they are never charged with and/or convicted of a crime. Mistaken warrants with no-knock raids regularly lead to the loss of innocent life in our decades long “Drug War”. Violence and corruption are a regular part of the “War on Drugs.” The corruption of our government comes in many forms. Sometimes drug-dealers use law enforcement against their competition and occasionally share the profits or valuable information with the police who then seize drugs or property used to continue the cycle. Sometimes law enforcement makes shocking deals with far more reprehensible criminals than minor drug users in order to make a drug arrest. The “War on Drugs” harms American society in ways too vast and complex to be neatly summarized here.
COLUMBIA’S BARRY MANTHE
Barry Manthe has been known to local law enforcement since the early 1990’s. Police reports state that he was a pimp and associated with drug-dealing operations. In the late 90’s Barry Manthe was charged in Boone County with the felony of promoting prostitution and he apparently fled the jurisdiction. In 1999, the Columbia Tribune published a
Crimestoppers reward of $15,000 for Manthe’s arrest for a felony promoting prostitution charge. Mysteriously sometime in early 2003, this felony charge of promoting prostitution was dismissed by the Boone County Prosecutor’s Office. Barry Manthe subsequently returned to Columbia. In the following years, there were dozens of reported police contacts that occurred involving Barry Manthe. In these police reports Barry Manthe was usually listed as a witness or victim with his connection to prostitution often referenced therein. Barry Manthe during this time reportedly had brothel(s) with addresses on College Avenue near Columbia College and later on Vandiver in Columbia, Missouri. Police reports and first-hand accounts allege Barry Manthe targeted young teenage girls for recruitment as prostitutes and used illegal drugs as a method of controlling his prostitutes.
In 2014, Barry Manthe wandered away from the safety of his Vandiver brothel and found himself ensnared in a joint CPD & FBI prostitution sting led by Special Agent Sean McDermott called “Operation Cross Country VIII”. [Columbia prostitution arrests were part of FBI operation _ Crime _ columbiatribune] Barry Manthe took a call girl, Charlotte Hollingsworth, to a local hotel where she agreed to exchange sex acts for money and was arrested by Columbia Police participating in the FBI Sting. Assistant Prosecutor Brouck Jacobs filed this prostitution charge against Miss Hollingsworth in court. Miss Hollingsworth later pled guilty to prostitution related to this arrest. Hollingsworth Charge Prostitution [ The incident is described in CPD reports: 2014-006862, 2014-006862-1, 2014-006862-2] Hollingsworth was sentenced and served to 25 days in the Boone County jail. [Case.net_ 14BA-CR02526 – C Hollingsworth sentence on prostitution]. Assistant Prosecutor Brouck Jacobs also filed felony promoting prostitution charge against Barry Manthe, [Manthe 2014 Felony Charge promoting Prostitution] but later amended that charge to the misdemeanor of Trespass. Barry Manthe pled guilty to trespassing and paid a fine of $250. [SUBSTITUTE+INFORMATION_FINAL 2014 now trespass]
In a report in the Columbia Missourian on May 1, 2017, by Brittany Crocker & Marisa Anz. Recent arrests bring a north Columbia brothel into the light, raise questions about sex trafficking _ Local _ columbiamissourian Then-Assistant Prosecutor Brock Jacobs, is quoted in the report as having said, “But Hollingsworth wouldn’t speak on Manthe,” Jacobs said. “If there had been a way, I would have taken the case to trial, but my evidence would have been this girl got arrested for prostitution and (Manthe) dropped her off. “Can I prove she didn’t just meet him at Walmart and asked him for a ride, and he wasn’t smart enough to say no?” Manthe pleaded (sic) guilty to an amended misdemeanor of trespassing charge on Dec. 7, 2015. He paid a $250 fine and did not serve a day in prison. Jacobs said, had Hollingsworth cooperated, it still might not have been enough to convict Manthe. Jacobs said, “The prostitute’s credibility is going to be questioned. For one thing, she is participating in a crime. Any time someone who is technically a co- defendant is squealing on another defendant, it is suspect, because the defense is going to say she’s just trying to get herself off the hook.”
A jury in a criminal trial would also be told if a prostitute who testifies has prior convictions. “That would go against her credibility as a witness as well,” Jacobs said.
In June 2016, the Wisconsin FBI Office calls the Missouri FBI Office to report a 17-year-old from Wisconsin was being coerced into prostitution at a brothel ran by Barry Manthe on Vandiver. FBI Special Agent Sean McDermott with at least two CPD officers arrive at Manthe’s brothel on Vandiver and rescue the young lady from the brothel. No arrests were made on this day and the brothel was permitted to continue its operations for several more months.
In February 2017, [Columbia man indicted for sex trafficking three women _ Local _ columbiamissourian] an arrest was made in relation to the June 2016: FBI rescue of a minor working as a prostitute from Barry’s Brothel. For a few months around this period of time a series of police reports, with some arrests, related to the brothel are documented. Police reports included: a drive-by shooting; an arson attempt; and an attempted robbery. In late March 2017, Barry Manthe’s brothel on Vandiver was shut down by an FBI and CPD raid. Barry Manthe and his associate Ron Clark were federally charged with advertising on the internet in promotion of prostitution.
In the “War on Drugs” nefarious deals that would shock the public are regularly engaged in by law enforcement. I have no idea if it was one of these nefarious deals that resulted in Barry Manthe’s felony promoting prostitution charge from 2014, becoming a trespassing conviction or as then-prosecutor Jacobs alleged in his interview with the Columbia Missourian. That he couldn’t make the case against Barry Manthe without the assistance of the prostitute convicted and sentenced to jail as part of this same incident.
DO NOT VOTE FOR JUDGE JACOBS
I know that because of this questionable deal with a notorious pimp and Judge Jacobs refusal to uphold my client’s Missouri Constitutional right to take a deposition of Sheriff Carey that I will not be voting for him on Tuesday.
Paid for by Stephen Wyse. Not Authorized, nor approved by any candidate or candidate’s committee