Waller withdraws motions in federal case

Convicted murderer James Clay Waller II withdrew his pretrial motions Wednesday in federal court in Cape Girardeau, including motions to suppress evidence and dismiss the charge against him.

U.S. Magistrate Judge Abbie Crites-Leoni accepted his decision, but only after repeatedly questioning Waller as to whether he understood the consequences of his decision.

The judge stressed to Waller that his action meant he has no pretrial motions before the court now and cannot file any future pretrial motions.

Shackled at the wrists and ankles and wearing an orange Ste. Genevieve County, Missouri, jail uniform, Waller said little during the brief court appearance.

He kept his head down during much of the hearing and replied to the judge’s questions with one-word answers of “yeah” and “yes.”

Waller is scheduled to appear next in court Oct. 16 before a U.S. district judge. But Waller’s St. Louis-area attorney, John Lynch, said after the hearing he expects that court date will change because of a scheduling issue on his part.

Crites-Leoni said in court Waller’s not-guilty plea on the federal charge had not been withdrawn. She told the defendant he could “challenge the government’s case at trial.”

An evidentiary hearing on the defense’s pretrial motions had been scheduled for Wednesday but was canceled after the motions were withdrawn.

Waller was sentenced in Cape Girardeau County Circuit Court to 20 years in prison after pleading guilty in June 2013 to second-degree murder in the 2011 death of his estranged wife, Jacque Waller, in Jackson.

As part of a plea agreement, Waller showed authorities where he had buried her body in Southern Illinois.

On May 19, 2016, federal prosecutors charged Waller with one count of committing interstate domestic violence in the murder of his wife.

Conviction on that charge could carry a life sentence unless there is a plea agreement.

Lynch filed a motion earlier this year, seeking to have the charge dismissed on grounds of double jeopardy, violation of due process and failure to state an offense against the United States.

In the written motion, Lynch argued the federal government essentially was prosecuting Waller for the same offense four years later, in violation of the U.S. Constitution’s prohibition against “double jeopardy.”

Lynch called it “an unnecessary” prosecution.

According to the motion, Waller said he entered into a plea agreement on the state charge and agreed to show authorities where he buried the body on the belief he would face no other charges in connection with the crime.

But assistant federal prosecutor Larry Ferrell filed a response stating the latest prosecution does not constitute double jeopardy. Prosecutors said the federal charge is different from the state charge.

According to the filing by court prosecutors, Waller is being tried in federal court now “to protect citizens from a dangerous, sociopathic and narcissistic murderer.”

Ferrell said in the court document dissatisfaction by Jacque Waller’s family, the state court, prosecution and community with the state sentence prompted the U.S. Attorney’s Office to consider prosecuting Waller in federal court.

Ferrell wrote in that document Waller’s repeated admissions to the crime were made voluntarily, and he repeatedly was advised pleading guilty to the murder charge in state court would not prevent him from being prosecuted in federal court.

mbliss@semissourian.com

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