Prosecutor questions whether Missouri AG will fight KC cop’s appeal in police shooting

Prosecutors in Jackson County say it is unclear whether the Missouri Attorney General’s Office will defend the conviction of a Kansas City police detective who fatally shot a Black man in 2019.

Eric DeValkenaere was convicted of manslaughter in the shooting death of Cameron Lamb during a November 2021 trial.

In an unusual move, the former police detective was allowed to remain free on bond while he appeals his conviction.

Missouri Attorney General Andrew Bailey is responsible for preserving the conviction before a panel of judges in the Missouri Court of Appeals for the Western District.

On Monday, Jackson County Prosecutor Jean Peters Baker filed a motion in court saying it was unclear if the attorney general’s office intends to defend the manslaughter conviction her office obtained.

“The people of Jackson County and the victims deserve to have an advocate defend the conviction obtained by the State,” the court filing said.

The attorney general’s office has not filed a response to DeValkenaere’s appeal and has not cooperated with Baker’s office as they normally would in other cases, she said, raising questions about how rigorously the appeal will be fought.

Baker’s motion also noted six continuances requested by the attorney general’s office.

Since November, Chief Appeals Court Judge Gary Witt has granted multiple filing extensions. In an order granting an extension in April, Witt wrote that the brief filed by the attorney general’s office was due on June 26 and “no further extensions will be granted,” according to court records.

Baker said she was concerned that Bailey’s office has yet to respond to the court’s order to file the reply and that it remains unclear “whether that brief will be in response to Appellant’s Brief and in support of Respondent’s position at trial and the verdict.”

A spokeswoman for Bailey said the attorney general’s office would file a reply either before or by the court-ordered deadline.

Conviction of Eric DeValkenaere

Attorneys for DeValkenaere said in court documents that Jackson County Circuit Court Judge Dale Youngs’ decision to convict their client was based on a flawed analysis of the law. They contend that DeValkenaere and his partner, Troy Schwalm, had probable cause to arrest Lamb for traffic violations and that they were lawfully on his property before the fatal shooting on Dec. 3, 2019.

Prosecutors argued that the two officers were the “initial aggressors” and that they did not have an arrest or search warrant and therefore were unlawfully on Lamb’s property.

“This was a bench trial by a judge that’s known to be experienced and thorough and would rule either way,” Baker said during an interview with The Star.

https://www.scribd.com/document/653022511/Jean-Peters-Baker-s-amicus-motion

On Tuesday, Baker sent a letter to Gov. Mike Parson urging him not to issue a pardon for DeValkenaere in Lamb’s killing. Baker said such a move would cause harm to the relationship between law enforcement and the community while also preempting the appellate process.

“Let’s just let this court process air itself out without anybody putting the fingers on the scale,” Baker said. “Just trust the rule of law.”

Is Missouri AG fighting Kansas City cop’s appeal?

Allen Rostron, a law professor at the University of Missouri-Kansas City, said the situation appeared to be highly unusual.

“In theory, the attorney general’s office could respond saying it agrees with DeValkenaere’s appeal or write a response that is half hearted,” Rostron said.

It’s unclear what would happen if a response is not filed, or what sanctions a judge could impose, if any.

If a response was not submitted, the Court of Appeals could rule in favor of DeValkenaere by default or presume the judge’s verdict was valid. But Rostron said the “better rule of law” would dictate the court to “independently review the basis for the appeal and decide if it has merit.”

Baker told The Star her office has repeatedly offered their assistance to the attorney general’s office, but to no avail.

“We have a very long trail of trying to have communication on that case,” she said.

The lack of response has been unusual, she added.

“I’ve tried cases as an assistant prosecutor that resulted in conviction and then that conviction gets handed off to the attorney general’s office to defend. We always talked,” Baker said. “It didn’t matter who was assigned to my case, you would just talk to them and they would talk to me.”