Guest commentary: Prosecutor slams newspaper series; paper responds

Editor's note: Scott County Prosecuting Attorney Paul R. Boyd sent out the following news release Wednesday in response to the Southeast Missourian's reporting on the 1992 Angela Mischelle Lawless murder:

"The recent articles in the Southeast Missourian regarding the Angela Mischelle Lawless homicide contain facts that are both inaccurate and detrimental to the investigation of this case. The investigation is ongoing and includes additional information outside of the evidence available in 2016. Grand jury proceedings are to remain confidential pursuant to Chapter 540 of the Revised Statutes of Missouri. Every grand juror and witness appearing before a grand jury takes such an oath. Each person subject to the oath is not to divulge what occurs within the process. A violation of that oath is a crime in Missouri. The safeguards of the grand jury oaths protect the witnesses who testify from abuse and maltreatment. The oaths also protect suspects who may be investigated for criminal charges from misrepresented or false allegations of criminal behavior when an indictment is not returned.

The two main sources in the articles that provided information to the Southeast Missourian have motives that are political in nature, embedded with a personal vendetta, or both. The actions of the sources and the resulting story listing witnesses and the witnesses' possible testimony is improper before a trial. This type of coverage disrespects the victims, places witnesses in danger, and thwarts other witnesses who might come forward to provide evidence.

Missouri Bar rule 4-3.6 states the following regarding pretrial publicity:

"A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing and adjudicative proceeding in the matter."

This rule applies to prosecutors through Missouri Bar Rule 4-3.8. The concept of not making extrajudicial statements that would prejudice a suspect or a witness in a criminal case also applies to professionals in the field of law enforcement. Mr. Walter had been advised by this office regarding the proper scope of his extrajudicial statements as sheriff. He regularly failed to comply with this practice. Please note the 48 Hours documentary, multiple interviews, these articles and reporters appearing without identification at the exhumation of Ms. Lawless in violation of the court's gag order that was intended to support family privacy in 2013.

The extrajudicial comments in the articles do nothing positive in furthering the investigation process. The comments do not help the family cope with the loss. The coverage does not serve justice. The articles were merely self-serving. In fact, witnesses have reported fear for continuing to cooperate with the investigation because of this recent publication.

I specifically asked the reporter not to publish this series of articles for the sake of the family, the security of the witnesses and the negative effect that the series will have on any trial in the future. This series of articles will be defense counsel's Exhibit A in support of any motion to move any future trial to the western side of Missouri to impanel a fair and impartial jury.

This series of articles should be an example to journalists and law enforcement officers across the nation of precisely what not to do in the pursuit of the truth if truly tempered with Grace.

The Scott County Sheriff's Office and the Scott County Prosecutor's office will continue to actively investigate this unsolved homicide until justice is achieved."

Newspaper's response

By Bob Miller, editor

The newspaper would be willing to review specific inaccuracies that Mr. Boyd would bring to our attention, but we stand behind the reporting. The newspaper believes information revealed by sources in interviews and in court or deposition transcripts was accurately represented. The Southeast Missourian journalists knew that Boyd was not pleased with our inquiries, and his on-the-record comments, most of which were published, were clear that he did not agree with former sheriff Rick Walter's willingness to talk about the case.

A Southeast Missourian reporter interviewed Boyd at length both in person and through written communications. Much of what Boyd told the newspaper was not on the record for publication, but he didn't ask the newspaper to not run the story "for the sake of the family" or "for the security of the witnesses." He stated in his formal response that the "charging of a person with a crime should be undertaken with the proper approach toward justice and great deference to the victim and the victim's family." The Southeast Missourian talked to 14 sources connected to the case, and reviewed hundreds of pages of public court documents. We do not know to whom Boyd is referencing as the other main source. There were many important sources. The Southeast Missourian reported about Walter's political connections to the case, which apply to Boyd as well. Walter did not specifically talk about his testimony in front of the grand jury to the newspaper.

The two sources who shared new information on the record and expressed they were taking a risk in doing so did not ask the newspaper to not publish information. They told the newspaper they did not regret their decisions, and expressed that they were glad the information is coming to light. As a reminder, this case previously led to the false conviction of a man, with the court eventually ruling "actual innocence", declaring justice failed at every level, including the prosecution (Boyd was not part of that prosecution). The crime dates back to 1992, and many people have testified under oath.