Assistant AG sues judge candidate, alleges malicious prosecution

POPLAR BLUFF, Mo. -- An assistant attorney general filed a lawsuit in federal court Monday against Carter County Prosecuting Attorney Rocky Kingree. It accuses the judicial candidate of malicious prosecution, among other things.

The complaint was filed in U.S. District Court, Southeastern Division, on behalf of Steven R. Berry of Columbia, Missouri.

In the complaint, Berry is seeking relief against Kingree for five claims:

* Malicious prosecution and/or swearing to a fraudulent affidavit/probable-cause statement;

* Violating Berry's due process rights;

* Suppressing or failing to include exculpatory, accurate and thorough evidence in a sworn probable-cause statement, all of which fall under the United States Code;

* Malicious prosecution under Missouri Common Law; and

* Violating Berry's Fourth and 14th Amendment rights.

In an email, Kingree said he had not reviewed the lawsuit, so he did not know what it states.

"As a prosecutor, I have filed charges and investigated several public officials, including former Carter County Sheriff Tommy Adams and former collector Jennifer Clark-Williams," Kingree said. "Mr. Berry is no different. When government officials commit crimes, it is not acceptable for a state prosecutor to turn the other cheek. They must be held accountable as any other citizen would be."

The timing of the lawsuit, Kingree said, shows Berry "wants to make a political statement more than pursue a lawsuit."

Kingree filed the charges against Berry on March 31, five days after he applied to become the Republican candidate for Butler County's Division II associate circuit judge position. The Ellsinore, Missouri, resident's decision to run has spawned several legal challenges, including a bench trial that began Wednesday to remove him from the Nov. 4 ballot.

"These lawsuits do not go far in court because every time a prosecutor lost a case, then the criminal defendant would sue the prosecutor."

The lawsuit stems from charges Kingree filed March 31 against Berry, an assistant attorney general, with tampering with a public record and making a false declaration, both misdemeanors.

Berry was accused of falsely entering his appearance March 25 as attorney for the state in Lance Shockley v. State of Missouri, a post-conviction relief case filed in Carter County circuit court.

Berry also was accused of misleading Circuit Clerk Cathy Duncan Terry and deputies by entering his appearance when he knew "the document lacked authenticity as he was not an attorney" representing the state in Shockley's case.