The local office of the Missouri Public Defender's System has been appointed to represent Mr. Charles Benoit. His next court appearance is a preliminary hearing, currently set for 2:15 p.m. Aug. 19 in Division Six of Clay County Circuit Court.
As before, I must reiterate what the Missouri Supreme Court rules say: A charge is not evidence of a crime; it is an accusation. Defendants are presumed to be innocent unless there are either pleas or findings of guilty.
Briefly, before a felony case can proceed to trial, there must be what in Missouri is called a "preliminary hearing" (other states call it a "probable cause" hearing).
At the hearing, which is like mini-trial but before a judge instead of a judge and jury, the state presents evidence a crime has been committed and the defendant is the one who probably committed the crime. The defense attacks this assertion. The judge, then, decides if probable cause exists a crime has been committed, and if the defendant is probably the one who committed the crime. Should probable cause be found, the defendant is "bound over for trial" at (in Missouri) the circuit court level. The defendant is arraigned in circuit court, and a trial date is set.
I understand several local television stations plus The Kansas City Star attended the hearing. The Kansas City Star has an account on its "Metropolitan Briefs" page:
http://www.kansascity.com/mld/kansas...ws/3760702.htm
As I told some of you before, the burned kitten case is one of several animal abuse and neglect cases pending in Clay County, Missouri. In another instance, a woman is alleged to have hoarded 100 animals in a modest trailer. The animals were found and many were in very bad shape. Her name is Delores Flores, and our judge has ordered her to undergo a mental examination. Her next court appearance is 9:30 a.m. Sept. 19 in Division Six of Clay County Circuit Court.
Efforts to adopt out a majority of the cats were successful despite the fact illness required some to be euthanized. A link to The Kansas City Star's account is below:
http://www.kansascity.com/mld/kansas...ws/3760377.htm
In old news:
The Liberty Sun newspaper published an interview with Sherry Scott last week. The link to the article is:
http://www.zwire.com/site/news.cfm?n...d=155076&rfi=6
The Liberty Tribune has accounts of both the Flores and Benoit cases:
http://www.zwire.com/site/news.cfm?n...d=442548&rfi=6
http://www.zwire.com/site/news.cfm?n...d=442548&rfi=6
The Clay County Circuit Courts' web page where you can track cases is:
http://www.circuit7.net
You may access the court's server through a "public access" feature; you will need to know the defendant's last name and either his or her first name or initial to be able to track the case.
There's a minor misstatement on this page; any punishment imposed in this or any case will be done by a party other than the prosecuting attorney. If a case goes to trial and jurors convict a defendant, the jurors will also assess punishment. If the defendant pleads guilty, it will be the court which first assesses then imposes punishment. In Missouri, jurors assess punishment on those offenders who have no prior felony convictions, which would be the case should State of Missouri vs. Charles C. Benoit go to trial.
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