Cape Co. prosecutors to try some criminal cases in federal court

Cape Girardeau County prosecutors will try some of the more serious gun violence and drug cases in federal court, county Prosecuting Attorney Chris Limbaugh said Wednesday.

The county prosecutor discussed the benefits of federal prosecutions after two of his assistant prosecutors, Angel Woodruff and Travis Niswonger, were sworn in as special assistant U.S. attorneys by U.S. District Judge Stephen N. Limbaugh Jr. at the federal courthouse in Cape Girardeau. Chris Limbaugh is the son of the federal judge.

Chris Limbaugh said he and federal prosecutors are concerned about the increase in violent crimes in Cape Girardeau County.

The move gives his office more "tools" in prosecuting defendants, Limbaugh said.

"These appointments will permit my office to more adequately target those violent offenders in Cape Girardeau County who would be subject to more severe penalties if prosecuted under federal statutes," Limbaugh said in a news release.

"These will not be additional cases that my office would be prosecuting, but rather cases that have already originated in state court," he said. "Having the option to file some of our state cases under the purview of federal law will be a significant benefit to the citizens of Cape Girardeau County."

Woodruff and Niswonger will be able to bring cases before a federal grand jury, seek federal indictments and try those cases in federal court, Limbaugh said.

They also will continue to prosecute felony and misdemeanor cases in state court, Limbaugh said.

Jeffrey Jensen, U.S. attorney for the Eastern District of Missouri, said in the news release both federal and Cape Girardeau County prosecutors have worked closely together to combat crime in the past. "We expect that these appointments will allow even more cooperation in the future, all of which will serve the public," said Jensen.

Keith Sorrell, assistant U.S. attorney and branch chief of the federal prosecutors' office in Cape Girardeau, attended the swearing-in ceremony Wednesday.

He said the move will allow the county prosecutor's office to prosecute cases more quickly, in part by taking the case to a federal grand jury and securing an indictment.

Sorrell said, "It will save Cape Girardeau County money and provide quicker resolution."

Both Limbaugh and Sorrell said that with federal prosecutions there are no preliminary hearings.

Limbaugh said that means prosecutors don't have to put witnesses on the stand and subject them to cross examination by defense attorneys in pretrial hearings open to the public.

Sorrell said the federal court system typically allows for criminal cases to go to trial sooner.

In the federal system, criminal cases must go to trial within 70 days unless there are defense motions extending the time, he said.

Limbaugh said the Cape Girardeau County prosecutor's office had an assistant prosecutor on staff several years ago who could try cases in federal court. Since his departure, the Cape County prosecutor's office has not been in a position to prosecute crimes in federal court.

Sorrell said the U.S. Justice Department allows for the use of special assistant prosecutors in federal courts nationwide.

Woodruff has served as an assistant prosecutor in Cape Girardeau County since Jan. 1, 1998. She regularly prosecutes defendants charged with violent crimes.

Niswonger has served as an assistant prosecuting attorney for the county since January 2017.

mbliss@semissourian.com

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