Perryville man denied chance to appeal conviction

A Perryville, Mo., man sentenced in 2005 to 20 years in prison for involuntary manslaughter and second-degree assault failed in an attempt to appeal his case last month.

Circuit Judge Benjamin Lewis ruled against Michael Berry, now 28, in a 2006 hearing in Bollinger County, stating Berry failed to produce sufficient evidence to support his claim that his attorney, Jason Tilley, had a conflict of interest.

The Missouri Court of Appeals Southern District supported Lewis' ruling Feb. 22.

On Feb. 13, 2004, Berry, driving with a suspended license and under the influence of methamphetamine, passed a truck on a curve on Highway 25 marked as a no-passing zone, and collided head-on with a car driven by Chaffee Assembly of God Minister Darren E. Larkin.

Larkin, 39, was seriously injured in the crash and his wife, Rebecca, 36, was killed. Larkin could not be reached for comment Tuesday.

Michael A. Howe, 20, a passenger in Berry's car, sustained a fractured pelvis and leg. He needed 28 stitches in his forehead.

Lewis sentenced Berry to 15 years on the involuntary manslaughter charge and five years on the assault charges, with sentences running consecutively.

According to court documents, Berry waived his right to a trial and pleaded guilty to the charges.

In 2006 Berry claimed Tilley had a conflict of interest in his case, coerced Berry into pleading guilty, and was ineffective for failing to call Berry as a witness during a hearing and investigating possible testimony from Berry's parents and wife about brain damage and mental disease.

Cape Girardeau County prosecutor Morley Swingle said at the time of Berry's plea he had told the court he was satisfied with Tilley's services.

carel@semissourian.com

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