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Couple sues after pot raid comes up empty

Police lights (AP) — A northeast Kansas couple has sued authorities after a SWAT-style raid of their home came up empty-handed for marijuana.

Adlynn and Robert Harte of Leawood filed suit in federal court Tuesday against the Johnson County board of commissioners, Sheriff Frank Denning and several deputies for the April 2012 raid.

The sheriff’s office referred questions to its attorney, who did not immediately return a call.

The lawsuit contends the raid was prompted by the Hartes’ purchase a few months earlier of hydroponic growing equipment for an indoor vegetable garden.

Authorities obtained a search warrant after misidentifying wet tea leaves found in their garbage.

The Hartes say in an emailed statement they hope the lawsuit prompts an examination of what they called reckless law enforcement practices.

 

TV pitchman found guilty of contempt

Kevin Trudeau
Kevin Trudeau

(AP) — Jurors took less than an hour to find TV pitchman Kevin Trudeau guilty of criminal contempt.

Trudeau was accused of violating a judge’s 2004 order barring him from making false claims about his best-selling book, “The Weight Loss Cure They Don’t Want You to Know About.”

The 50-year-old showed little emotion when he was convicted Tuesday in federal court in Chicago. He could face years in prison.

The core dispute revolved around dramatic claims in Trudeau’s TV infomercials, including that people who followed the diet in the book could eventually eat anything they wanted without gaining weight.

Prosecutor Marc Krickbaum said Trudeau knew such claims contradicted his book, but he lied to sell more books.

Trudeau’s lawyer had argued that prosecutors failed to prove their case.

 

Koster won’t retry Ryan Ferguson

(AP) KosterThe Missouri attorney general said Tuesday that he won’t seek to retry a man whose murder conviction and 40-year prison sentence in the slaying of a newspaper sports editor were recently overturned.

The decision Tuesday by Attorney General Chris Koster means that Ryan Ferguson could be released from prison soon.

 Last week, a state appeals court overturned Ferguson’s murder and robbery convictions for the 2001 strangling and beating death of Columbia Daily Tribune sports editor Kent Heitholt. The appeals panel said the prosecutor’s office had withheld evidence from defense attorneys and Ferguson did not receive a fair trial.

Koster’s office said in a brief written statement Tuesday that it had carefully reviewed the remaining evidence and decided not to retry or pursue any further legal action against Ferguson at this time.

Ferguson’s case has been the subject of numerous national TV news shows. That’s because his 2005 conviction came after his high school classmate, Chuck Erickson, testified that he had recalled from dreams several years later that the two of them had been involved in Heitholt’s slaying after a late night of Halloween partying.

Erickson received a 25-year sentence as part of a plea agreement for testifying against Ferguson. But Erickson has since recanted his testimony.

At an April 2012 hearing, former Tribune janitor Jerry Trump also said he had testified falsely during Ferguson’s trial when he identified Ferguson and Erickson as the two men he saw in the newspaper’s parking lot where Heitholt was killed early the morning of Nov. 1, 2001.

Last week’s appeals court ruling said an investigator in the Boone County prosecutor’s office should have shared details about an interview he had with Trump’s wife that could have raised questions about Trump’s account before Ferguson’s trial. The appeals panel cited that as part of a pattern in which prosecutors failed to disclose evidence to Ferguson’s defense attorneys.

“We conclude that Ferguson did not receive a fair trial. His verdict is not worthy of confidence,” the court wrote in its ruling.

Missouri man sentenced in triple murder

jail A southern Missouri man who was convicted of killing three people within months of finishing a prison term for another murder will spend the rest of his life behind bars.

A Camden County judge on Tuesday gave 54-year-old Morris McCabe three consecutive life sentences without parole.

McCabe, of Lebanon, Mo., was convicted in July on three counts each of first-degree murder and armed criminal action.

Prosecutors said McCabe shot and killed Don Myers, Don Young and Sally Amos in a rural Camden County home in December 2010. Myers had dated McCabe’s ex-girlfriend, but was not acquainted with the other two victims.

The murders occurred 10 months after McCabe finished a 30-year sentence for killing a man whose girlfriend hired him to commit the crime.

Man sentenced in KC carjacking, chase

Jail (AP) — A northeast Kansas man has been sentenced to 10 years for his role in a carjacking that led to a chase at up to 112 miles per hour.

The U.S. Attorney’s office says 26-year-old Terry Tillman, of Kansas City, Kan., was sentenced Tuesday in federal court. Tillman pleaded guilty in August to one count of carjacking.

The crime took place May 26 at a gas station in Kansas City, Kan. Tillman admitted he and another man robbed a minivan driver of a wallet and keys while a third co-defendant held the driver at gunpoint.

The men drove off in the minivan and led police on a 17-minute chase before the vehicle wrecked in a plowed field in Basehor (BAY’-sur).

Three other defendants are awaiting sentence. Two more are still facing trials.

 

Nixon to propose end to ‘border war’ with Kansas UPDATE

Jay Nixon

2p.m. A top aide to Kansas Gov. Sam Brownback says he’s talked with Missouri Gov. Jay Nixon about the use of incentives to lure businesses across the border between the two states in the Kansas City area.

Nixon called Tuesday for an end to using such incentives if companies simply move from one of the states to the other.

 Brownback’s office is preparing a formal response to Nixon’s remarks. But Brownback spokeswoman Eileen Hawley said the two governors and the states’ commerce departments have been discussing the issue for more than a year.

A moratorium may be a hard sell to some Kansas lawmakers.

Kansas House Republican J.R. Claeys of Salina tweeted after Nixon’s remarks that Missouri appears to be surrendering in the so-called border war.

 12:35 p.m.  Update   (AP) — Missouri Gov. Jay Nixon is calling for a moratorium on incentives to lure businesses across the Kansas-Missouri state line in the Kansas City metropolitan area. He says the two states should work together to promote the region as a whole.

In a speech Tuesday to the Greater Kansas City Chamber of Commerce, Nixon said both states have spent too much money luring companies across the state line with no real job growth. The Democrat says he’s been working with Republican Kansas Gov. Sam Brownback’s administration to devise an agreement to end the so-called border war “once and for all.”

Nixon’s plan calls for an immediate temporary moratorium within the Kansas City metro area, followed by efforts to persuade both states’ legislatures to approve legislation making the moratorium permanent.

 

5 a.m.  (AP) — Missouri Gov. Jay Nixon is announcing a plan to end a business “border war” with Kansas over economic development.

Both states have used economic incentives and bonds to compete for businesses to locate or expand. Missouri and Kansas have committed hundreds of millions of dollars to the efforts.

Nixon planned to announce his proposal Tuesday in a speech to the Greater Kansas City Chamber of Commerce. He says it will promote growth in the Kansas City region.

Kansas lawmakers cut taxes in each of their past two sessions, at the urging of Republican Gov. Sam Brownback.

Missouri’s Republican-dominated Legislature approved tax cuts this year largely in response to the Kansas cuts. But Nixon, a Democrat, vetoed the measure, and an effort to override the veto fell short in September.

Amtrak routes in jeopardy

 amtrak(AP) — An Amtrak official says New Mexico, Colorado and Kansas communities face the potential loss of passenger rail service if a new agreement isn’t reached by 2016 for maintaining and upgrading portions of the Southwest Chief route through those states.

Amtrak’s state government relations chief Ray Lang proposed to a legislative committee on Tuesday that Amtrak split the costs of maintenance and capital improvements for more than 600 miles of track with the states and Burlington Northern Santa Fe, which owns the line but uses only a portion of it for freight trains.

Lang and northeastern New Mexico governmental officials asked lawmakers to consider a cost-sharing arrangement for each of the states to spend about $4 million annually for a decade to keep the Southwest Chief on its current route.

Busy day for Missouri Humane Society

Humane Society of Missouri logo(AP) The Humane Society of Missouri has removed nearly 200 animals from an eastern Missouri property amid concerns that the animals were neglected.

Humane Society officials on Tuesday removed 140 domestic rabbits, 25 goats, 20 cats, 10 chickens, two dogs and a duck from the property near St. Clair in Franklin County. Authorities say the animals were living in filthy conditions and some had no shelter from the weather.

 It wasn’t clear if charges would be filed. Nearly 160 animals were removed from the same property in 2010.

The animals were taken to the Humane Society shelter in St. Louis for treatment. A disposition hearing is scheduled for Dec. 4. The Humane Society says many of the animals will be put up for adoption if the society is granted custody.

Missouri-Based Company Fined for “No-Call Act” Violations

courts-gavelA Missouri lawn service company will pay a $10,000 fine for violating the Kansas No-Call Act, Kansas Attorney General Derek Schmidt said today.

Pro Turf Lawn Service, Inc., Belton, Mo., agreed to a consent judgment ordering it to pay $10,000 in civil penalties and fees.  Beginning in October 2012, the Kansas Attorney General’s Office received complaints from four residents of Johnson County that the company called them to solicit the sale of lawn and landscaping products and services, although the consumers were on the Do Not Call list.

“Companies doing business in Kansas must respect Kansas laws,” Schmidt said.  “Consumers who have taken the time to register their phone numbers on the Do Not Call list have an expectation that their privacy will be respected.”

In addition to the fine, the company was ordered to refrain from further violations of the Kansas No-Call Act.  Judge Rebecca Crotty approved the judgment last week in Shawnee County District Court.

So far this year, the Attorney General’s Office has obtained judgments against 13 businesses for violations of the No-Call Act.  These companies have been ordered to pay a total of more than $1.7 million in penalties and fees.

Kansans who wish to register for the national Do-Not-Call list can call 1-888-382-1222 or visit www.donotcall.gov.  To report an alleged violation of the No-Call Act, visit the Attorney General’s consumer protection website at www.InYourCornerKansas.org.

Audit: Mo. Schools Could Save on Bond Costs

(AP) – A new audit says Missouri schools and local governments could have saved $43 million over four years if they had issued bonds differently.

Missouri Auditor Tom Schweich
Missouri Auditor Tom Schweich

Missouri State Auditor Tom Schweich said Tuesday that the savings could come through competition.

His audit found that most schools and local entities use negotiated bond sales in which an underwriter selected in advance often also serves as a financial adviser. Schweich says bonds that are competitively bid among underwriters often result in lower interest rates for schools and local governments.

The audit recommends Missouri change its law to require competitive bonds for entities with good credit ratings.

Previous audits have drawn similar conclusions.

But some school officials question the projected savings. They say negotiated sales allow schools to form trusted relationships with underwriters.

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