Mistrial declared in fatal Current River boating accident case

VAN BUREN, Mo. -- A judge declared a mistrial Thursday afternoon in the case of a Poplar Bluff, Mo., woman charged in connection with a boating accident on Current River that left two people dead and three others injured.

The Daily American republic reported that Presiding Circuit Judge David Evans issued his ruling after it was determined not enough jurors remained after questioning by the state and defense to select a jury of 12 and alternate(s) for the trial of Radeena Proffer.

The 28-year-old was to stand trial on two Class C felonies of involuntary manslaughter with a vessel, three Class D felonies of second-degree assault with a vessel and the Class C felony of first-degree endangering the welfare of a child.

"I had 120 (jurors) to start with," explained Carter County Circuit Clerk Cathy Duncan-Terry. That was the number of postcards sent to potential jurors based on the filled-out questionnaires, she said.

Fifty, Duncan-Terry said, were excused by the judge for medical, age or work-related reasons.

"Then, we had 73 that were supposed to be here (Thursday) morning," Duncan-Terry said. "We had 15 that were absent. We had 58 here."

Having a jury pool of 60 to 70 people to begin the selection process with is "normal," but there were so many of the jurors struck "for cause" in this case, Duncan-Terry said.

When the case is reset for trial, Duncan-Terry said, it is expected potential jurors will be brought in for morning and afternoon selection panels.

Evans, according to Duncan-Terry, stated he was "going to go through the process," but he hasn't told Duncan-Terry yet to issue "regular summons" for the jurors, who didn't show up Thursday, to appear before him to answer why.

With the pool of 58 potential jurors, the state, represented by Ripley County Prosecuting Attorney Chris Miller, began the questioning process Thursday morning.

At the conclusion of his questions, Miller, as well as Proffer's attorneys, Steve Walsh and Danny Moore, met with Evans to excuse some members of the pool.

When the potential jurors returned to the courtroom, Evans told them "several of the folks" were being excused because they knew about the case, had formed opinions or for other reasons.

Evans said the goal was finding jurors who had "no issues on the table" and weren't "leaning one way or the other before the case started."

Twenty-two were released before the next round of questioning by the defense.

After Walsh finished his questioning, Evans told the 36 remaining individuals he was "concerned about whether we have enough folks here today."

Evans told the potential jurors they had been "honest and forthright" in their answers and had stated their opinions.

"I thoroughly appreciate that, and I'm disappointed by the folks who did not show up today," Evans said. "Maybe they had good reasons."

Evans said he and the attorneys would meet again to consider the jurors and their answers, but there was a "certain number" of jurors that was needed to allow each side to take strikes and for a jury to be seated.

"We'll either come back with a jury or reset (the trial) for another day," Evans said.

A short time later the jurors were called back into the courtroom, where Evans told them his "concern from the beginning was realized. After the additional individuals were excused, to get to the number we need, we are five short. What happens is a mistrial."

The case, according to Evans, will be placed on his Monday docket to be reset for trial.

Since it is slated to be at least a two-day trial, it may be reset for anytime between "now and March or April," Evans said. "We will try to fit it in before then, but it may be next year before we can try it again," he said.

Evans thanked the jurors for their service.

"We'll be talking to see what happened; we'll get to the bottom of this," Evans said. "I hate it for you, (the attorneys) and the families.

"It's the first time ever in my 20 years as a judge."

Walsh said he and Moore have "run into this on four other occasions in different counties in the area. ... Sometimes, people summoned for duty just ignore it. In this case, one out of five summoned failed to show up."

When it was first learned there was a 20-percent absentee rate, Walsh said, the defense asked for a mistrial at that point, "arguing the remaining jurors did not constitute a cross-section of Carter County citizens."

Evans, Walsh said, overruled the defense's motion, indicating he had "some reservations," but they would continue with the questioning process.

On a previous occasion in Wayne County, Walsh said, they had what he described as a similar rate. The judge there declared a mistrial due to the "high rate. A judge has lots of discretion" in these matters, he said.

"The depth of my disappointment is hard to describe (and) the stress on the family is unbearable," Miller said. "I'm really sorry for that."

Like Walsh, Miller said, he has had this happen before in earlier years, but it's very rare.

"We were not expecting it," he said. "We were expecting over 100 people for jury service.

"We thought that would be sufficient (but it wasn't because of) a large number who failed to respond to jury-duty summonses. It caused a lot of wasted time and effort. It cost my county several thousands of dollars for the fees for the people who did show up, and now we are going to have to do it again."

Miller said both sides will do what it has to do to ensure a jury can be seated, even if that means calling 200 potential jurors. "I'll ask for it; I don't want to take this chance again," he said.

It was the answers to questions asked by both the state and defense that "resulted in taking people off the jury panel for cause," Walsh said. "It was one of the more talkative panels that we've encountered."

According to Walsh if eight jurors were struck as the result of his questioning, there wouldn't be enough jurors left for a panel be chosen. Sixteen were struck, he said.

"It's an emotional case; you're going to get a lot of opinions stated as they did (Thursday) morning; a lot of people talked themselves right out of the courtroom," Walsh said.