The criminal case of Susan Van Note, the Lee’s Summit lawyer who is accused of killing her rich father and his younger, attractive girlfriend in order to get his money is one of those stories that reporters and the public love.
It’s compelling from every angle. The Star’s Don Bradley was poised to cover the trial, which would have had tremendous readership, but, unfortunately, the judge had to declare a mistrial Tuesday because some prospective jurors were overheard discussing the case during a break outside the courtroom.
One facet of the mistrial really caught my attention and exasperated me: Everyone connected with the case is ready to get on with the trial as soon as possible, except the judge.
The Star reported that Judge Kenneth Hayden “said his own calendar is full through 2016.”
Through 2016? The next 18 months?
Hayden
Hayden is presiding judge in Laclede County — Lebanon, MO — which is south of the Lake of the Ozarks. The murders occurred at the Lake of the Ozarks in Camden County, but the trial was moved to Laclede, on a change of venue.)
Let me put this simply: Judge Hayden’s assertion that he is busy through next year is preposterous.
It has always driven me crazy when judges moan and groan about their backbreaking “caseloads.” Here’s how it works: Indeed, they often have cases and related matters, like motions, scheduled for months out, but very few of those cases actually come off as scheduled. The majority of cases, in virtually every court at every level, are settled, dismissed or delayed. Same thing for motions and related matters.
The scheduling of trials and related matters is like dental appointments in this respect: They’re on the books, but the dentist can count on holes cropping up regularly in his or her schedule.
The difference, however, is that dentists only get paid if they work, and so they scramble to fill the holes that inevitably pop up in their schedules.
But in my experience — I covered the Jackson County Courthouse for seven years in the 1970s and have watched courts ever since — many judges don’t move aggressively to fill the gaps when cases fall through. I want to emphasize that it isn’t this way with all judges, but with many: Since they’re getting paid and report to virtually no one, they’re in no hurry to fill the gaps.
Here’s another thing: Laclede County has a population of 35,000. If Judge Hayden’s schedule is booked solid for the next 18 months, it’s not with any cases of the magnitude of the Van Note case.
I’d bet just about anything that Hayden could try the Van Note case within the next month. He might have to move a few things around, but how hard can that be? Not much more difficult than rescheduling those dental appointments, I would imagine.
Van Note
Some lawyers, plaintiffs and defendants might be disappointed that their cases were delayed a bit, but this is a five-year-old murder case. The murders occurred Oct. 2, 2010, and it is in the public interest that this case get going as soon as possible.
In criminal cases, delays almost always works to the advantage of defendants, and here we have a woman who probably shot two people to death.
Susan Van Note needs to be tried right away.
My guess, from reading about the judge’s claim that he’s booked for a year and a half, is that he simply doesn’t want to hear the case. It’s a high-visibility case; it will attract a lot of media; and the judge would be under a lot of pressure. He’d probably prefer to lie low and handle the penny ante stuff that comes across the transom in Laclede County.
But somebody needs to hear this case soon; it cannot wait until 2017. That’s ridiculous.
JimmyCsays: At the juncture of journalism and daily life in KC 
Good morning.
Podunk? Isn’t that a little insulting?
Was just getting ready to say the same thing Gayle. I didn’t even bother to read the article. You want to insult the judge for being lazy? I’m fine with that. Generalizing the entire county as a bunch of hicks, is a bit over the top.
I Googled the word after I commented and found that it has morphed from an innocent description of a small community to something negative. Nevertheless, because it has morphed to that description, perhaps another word would have been better.
I read the blog anyway. :-)
I think the word came from the movie, “The French Connection”, but there is no correlation to how it was used in the movie and what Jim means.
I am relentlessly hopeful that podunk, backwater places like Laclede County and Morgan County — where they did the “Ozarks Shuffle” after the inexcusable death of Brandon Ellingson — will board the train to the world of accountability…I saw in today’s paper that the Highway Patrol, a hidebound law enforcement organization, has demoted and banished to Truman Lake a trooper who dared question Water Patrol Officer Anthony Piercy’s actions the day Brandon drowned with his hands handcuffed behind his back…Nincompoops will be held accountable here.
Guess that’s the advantage of a blog vs newspaper reporting — you can say whatever you damn well feel like (within reason, of course).
Was wondering if you were going to write about the latest Ellingson development. Is this going to be it? (Actually it was yesterday’s paper but, hey, who cares about accuracy?)
It’s in today’s printed edition, Gayle — bottom of the front page, but it was up on the website yesterday. It gets confusing, and that’s good for The Star because they want it to all blend together, with increasing emphasis on the web.
…Now that I’ve cooled down a bit, you and Jason are probably right about me smearing the entire county, but every blemish that comes out of the Ozarks these days I frame around the Ellingson case. It is such a travesty, and you just know Anthony Piercy is never going to be held accountable.
You ask, “Is this going to be it?” Well, the new special prosecutor will push the ball around for several months and then one day we’ll get another “no criminal action” statement, and then that will be it, at least on the criminal front. The civil case is another story; I expect the Ellingsons to win a big award from the state. The state might even settle. The highway patrol knows it really, really screwed up, not just in this particular case but in the assumption of water patrol duties. I don’t know if Craig, Sherrie and Jennifer Ellingson will ever have another good night of sleep.
Sorry, I stand corrected (and apologize for my snarky comment). There’s so little news that I read in the paper anymore, I should have remembered that I’d read it on-line.
You can probably be excused for use of that word, given your (and all of our) frustration with the Ellingson case.
There are 114 counties in Missouri. There are 45 Judicial Circuits in Missouri. Many judicial circuits cover several counties. For instance, the 26th Judicial Circuit covers five counties: Laclede, Camden, Miller, Moniteau and Morgan Counties. Judge Hayden is responsible for cases and trials in all five counties.
That’s not correct, Kevin…According to http://www.courts.mo.gov, Laclede is the only county where Hayden is the only judge. In each of the others you named, there is at least one other circuit judge and one associate circuit judge. He may be responsible for cases and trials in all five counties, but he’s got plenty of help…I stand by my theory that he didn’t want to take on the case.
So Piercy is representative to the entire Ozarks area…I give up Jim. Your vision is foggy.
Who cares how Fitz refers to Boondockia? The real issue is the universal descent of the judiciary into a pack of tyrannical, self-serving clowns that demand to be treated like royalty.