MO Democrats blast Bailey for seeking to throw out KC cop’s conviction for killing Black man

Missouri Attorney General Andrew Bailey’s unprecedented attempt to overturn the conviction of the first Kansas City police officer found guilty for killing a Black man has drawn scrutiny from lawmakers and lawyers.

Former KCPD detective Eric DeValkenaere, who is white, faces a six-year prison sentence but remains free on bond as he fights convictions of involuntary manslaughter and armed criminal action in the 2019 killing of 26-year-old Cameron Lamb.

After a series of delays, Bailey, a Republican, filed a brief this week asking for a discharge or new trial for DeValkenaere. Bailey argued that DeValkenaere’s use of force against Lamb was reasonable, challenging evidence brought by prosecutors that Lamb was unarmed when he was shot.

Bailey’s filing is unheard of in Missouri and puts the state in a peculiar situation in which the attorney general’s office, which has historically fought to defend convictions in court, is now arguing against one. Then-Attorney General Eric Schmitt had previously fought to keep Kevin Strickland, a Black man, in prison for a triple murder he did not commit. Strickland was freed in 2021 after serving Missouri’s longest sentence for a wrongful conviction.

For some in the Black community, Bailey’s filing highlights the historic injustices that Black people have faced in Missouri, specifically involving shootings by police. And, they say, it illustrates what some view as an unequal application of law when it comes to the Black community.

“It’s quite obvious in this case that race does play into it,” said state Rep. Richard Brown, a Kansas City Democrat who is a member of the Missouri Legislative Black Caucus.

Overturning DeValkenaere’s conviction, he said, would send a message that “Black lives aren’t valued.”

“It tells us that we live under a different justice system than everyone else.”

Bailey spokesperson Madeline Sieren, in an email to The Star, said Bailey’s filing spoke for itself. She declined to comment further, citing the pending case.

Kansas City Mayor Quinton Lucas told The Star Tuesday that he was surprised by Bailey’s filing. He said it could hinder justice for the families of both Lamb and DeValkenaere.

“I think what we have seen from the attorney general’s stunt, and one among many, is that we will see further delay, further hindrance of what should be a good process and this is unfortunate for every family that has been impacted by the tragic circumstances. The family of Mr. Lamb, the family of detective Devalkenaere,” he said.

Bailey, who was appointed by Republican Gov. Mike Parson, has pushed the legal limits of his position during his short tenure, pursuing bans on transgender health care and helping oust St. Louis’ elected prosecutor.

On Twitter, Bailey defended his aggressive approach to the office on Monday, saying he would “never apologize for using every weapon in my arsenal to defend Missourians and our beloved Constitution.” He filed the brief in the DeValkenaere case later that day.

Former Democratic Sen. Claire McCaskill, who served as Jackson County’s top prosecutor from 1993 to 1998, wrote on Twitter that Bailey’s filing had sent shockwaves through the legal community, including among lawyers who had worked on DeValkenaere’s case.

“The AG has a constitutional duty to handle appeals on behalf of the state after the state gets convictions. This AG is defending the convicted man instead,” she wrote. “NEVER has this happened before. This is pure politics, a violation of his oath of office, and embarrassing.”

Jackson County Prosecutor Jean Peters Baker, a Democrat, on Monday called Bailey’s attempt to undo the convictions “extremely distressing,” “unfortunate” and “disappointing.” Bailey’s filing came after Baker sent a letter urging Parson not to pardon DeValkenaere.

Republican lawmakers appeared to be cautious in weighing in on Bailey’s filing.

State Rep. Justin Hicks, a Lake St. Louis Republican and the only Black Republican state lawmaker in Missouri, said he wanted to read the filing before offering his entire thoughts.

“We do have due process here in the United States, and I’m sure the attorney general is trying to ensure that due process is fully vindicated,” he said.

State Rep. Chris Brown, a Kansas City Republican, said Bailey had more information about the case than him and that he was not going to second guess the attorney general’s position.

“He’s just going to have to make a decision that he feels is the best for all parties concerned And the right direction for the attorney general’s office as well,” he said. “He’s doing what he thinks is the best course of action.”

Not only was Bailey’s filing unprecedented, but he also had other tools at his disposal that some say would not have undermined the case. He could have recused himself from the case, similar to how he did in April in a lawsuit involving the Missouri State Highway Patrol. Or he could have appointed a special prosecutor.

“If the attorney general feels like he can’t advance the position, there are mechanisms for him to make sure that the position gets advanced,” said Chuck Hatfield, a Jefferson City attorney who worked in the attorney general’s office under Democrat Jay Nixon.

“The thing that’s so disturbing about this, in my view, is not really the attorney general’s position. It’s that he appears to be depriving the prosecutor of the ability to proceed with the case.”

For Brown, the Kansas City Democrat and Missouri Legislative Black Caucus member, the DeValkenaere case weighs heavy on his heart. He still has memories from when he was a kid of a Black man in Kansas City being killed by police officers and not understanding why.

The case against DeValkenaere makes him think of Lamb’s family and the agony they must be feeling as Bailey fights against DeValkenaere’s conviction.

“Cameron Lamb’s life was worth something. Cameron lamb was valued by someone,” he said. “And we need to respect that and we need to seek justice for Cameron Lamb.”