Man accused in 30-year-old Cape Girardeau rape case denied jury from another county

A Cape Girardeau convicted rapist accused of another rape had his request for a jury from outside of Cape Girardeau County denied Friday.

Charles Eugene O'Howell, 50, asked Cape Girardeau County Circuit Judge Benjamin Lewis for a new jury because of coverage of his court proceedings in the Southeast Missourian.

"Every time he's in court, there's a story in the paper where it mentions that he's been convicted before," said Chris Heeb, O'Howell's attorney.

O'Howell is serving a 55-year sentence at the Northeast Correctional Center in Bowling Green, Mo., for the 1982 kidnapping and rape of a 15-year-old girl in Cape Girardeau County. In July, he was charged with raping a then-31-year-old woman in 1981 after prosecutors said DNA evidence connected him to the crime.

In asking for a change of venue, Heeb suggested having the trial in Cape Girardeau, but pulling a jury from Ste. Genevieve or St. Francois counties because access is limited to the Southeast Missourian there. Having a different jury but not a different venue is strategic for the case, Heeb said.

"The best shot at a fair jury is having one outside of the Missourian's range," Heeb said.

Since O'Howell was linked to the 30-year-old rape case, the Missourian has published five stories regarding O'Howell and his court dates. Before the hearing started, Heeb handed Lewis a packet containing the articles.

Cape Girardeau County assistant prosecuting attorney John Koester said he opposed the motion because the stories have been brief and do not warrant a new jury.

Lewis agreed and denied the motion, saying the practicality of transporting and potentially sequestering a jury is not cost efficient and that the Missourian's stories will not necessarily sway a jury to a conviction.

"I read the Southeast Missourian every morning before work and on Sundays, and I couldn't tell you O'Howell's name if I wasn't involved in the case," Lewis said.

Lewis said he believed that, with a pool of up to 70 Cape Girardeau County residents, a fair jury could hear the case. Potential jurors should be asked if they have heard of O'Howell or read the stories in the newspaper, Lewis said. If a potential juror says they have read articles about O'Howell, they should be questioned separately.

O'Howell will be in court April 23 for pretrial hearings. His trial is set to begin May 15.

psullivan@semissourian.com

388-3635

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