TRIAL FOR MELEE SUSPECT BEGINS

HILLSBORO -- The final trial stemming from last June's civil disturbance in the Good Hope area of Cape Girardeau got under way Tuesday at the Jefferson County Courthouse.

Kenneth Campbell, 35, of Cape Girardeau is charged with assault of a law enforcement officer, a felony, and interfering with an arrest, a misdemeanor. The latter charge originally was filed as a felony, but the prosecution amended it to the lesser count shortly before the trial began.

During opening statements, opposing attorneys presented arguments similar to those presented last week during the trial of Greg Campbell, Kenneth Campbell's brother.

The prosecution claims Greg Campbell verbally abused and physically attacked Cape Girardeau policeman Rollin Roberts during the early morning hours of June 11 in the 300 block of Good Hope Street near the Taste Lounge. Kenneth Campbell allegedly joined the fray and with his brother attempted to cause serious physical injury to the downed officer.

The attempted arrests of the Campbells, according to the state, attracted a crowd of about 150 people who were leaving the Taste. The crowd then turned on police, injuring a number of officers.

The defense countered that Roberts was the aggressor, attacking Greg Campbell. Kenneth Campbell was simply coming to the aid of his brother, who was bloodied by blows the officer inflicted, says the defense. The subsequent incident between the crowd and police resulted from Roberts' actions, not those of the Campbell brothers, the defense claims.

On May 17 a Boone County jury acquitted Greg Campbell, 36, of Cape Girardeau of assault of a law enforcement officer and resisting arrest, both felonies, after a two-day trial.

Both trials were moved out of Cape Girardeau County on change-of-venue requests by defense attorneys.

An all-white jury of six men and seven women, including one alternate, is hearing the testimony in the case of Kenneth Campbell, who is black.

Assistant Cape Girardeau County Prosecuting Attorney Ian Sutherland told the jury that because of the mayhem at the scene, the officers who responded saw different things. However, he said conflicts in their testimony would be minor. Sutherland said a videotape of the tail end of the incident would show the confusion of the scene.

"Listen carefully to the evidence," Sutherland said. "I'm confident that when you hear the evidence and see the videotape you will conclude the same thing" as did the prosecution.

Defense attorney Charles M. Shaw of St. Louis County said the prosecution's claims don't hold up when one considers all the evidence.

"This incident was caused by the improper police behavior of this fellow named Roberts," Shaw said. "He started this. If he had behaved properly and treated people with a certain amount of respect, this never would have happened."

Roberts spent about 40 minutes on the witness stand Tuesday. He said he was on routine patrol along Good Hope Street when the incident began.

According to Roberts, he noticed a pickup truck near the Taste Lounge with several men gathered around it. Suspecting a drug deal was taking place, Roberts decided to take a closer look. The men dispersed and the truck pulled away. Roberts followed the truck around the block, ending up near where they had started.

The driver of another vehicle -- Greg Campbell -- then waved Roberts to pull over. Campbell was belligerent, abusive and threatening toward Roberts for no reason that was apparent, says the prosecution.

"It was a very hostile environment," Roberts said. "Greg Campbell was aggressive and threatened me with violence."

When Roberts attempted to arrest Campbell for a noise-ordinance violation, the two men came to blows. Roberts sprayed Campbell with Mace and struck him with his baton. Campbell kicked Roberts to the ground and began stomping on his head. Kenneth Campbell arrived at this time and joined in the attack.

Greg Campbell then left, but Kenneth Campbell for a time continued to assault Roberts before fleeing down a nearby alley. Roberts, who suffered only minor injuries, joined other officers in the pursuit of Kenneth Campbell.

It took the officers several minutes to subdue Kenneth Campbell. By this time a crowd had formed and began throwing objects at officers, who eventually cuffed Campbell and took him to a waiting squad car.

Roberts will return to the stand for defense cross examination when the trial resumes today.

Shaw said their was no evidence the alleged drug deal Roberts said he saw ever took place and the altercation between Roberts and Greg Campbell began when Roberts nearly ran down Campbell with his squad car.

The trial is scheduled to last through Friday.

Marc Powers may be contacted in Jefferson City at (573) 635-4608 or by e-mail at mppowers@socket.net.