|
The U.S. Supreme
Court rejected without comment Monday the appeals of five Kansas
Citians who were convicted in the 1988 explosion that killed six
firefighters.
Officials have
called the crime the "darkest day of the Kansas City Fire
Department."
The high court's
action effectively ends the defendants' appeals and upholds a
year-old decision from the 8th U.S. Circuit Court of Appeals.
That court ruled
that Darlene M. Edwards, Richard W. Brown, Earl D. Sheppard, Bryan E.
Sheppard and George Frank Sheppard received fair trials. They were
convicted and sentenced to life in prison.
In their appeal,
the five argued that the late U.S. District Judge Joseph E. Stevens
denied them a fair trial:
By refusing to
grant separate trials.
By not allowing
defense lawyers to present their case.
By not ruling that
the statute of limitations had expired.
"I'm stunned,
but I'm not surprised I guess," said lawyer Pat Peters, who
represented George Frank Sheppard. "The people that actually sat
through the whole trial know we have innocent people in prison and
they know the story of what actually went on hasn't been told."
Leo Halloran,
brother of slain firefighter Gerald Halloran, said the ruling carried
an empty satisfaction for the families.
"It's not
going to bring the guys back," said Halloran. "I don't
think there's anything like total closure. I don't think you can ever
totally close the curtain on it."
U.S. Attorney
Stephen L. Hill Jr. said successive courts have upheld the fairness
of the investigation and the trial.
"This was one
of the most difficult cases this office has ever handled," Hill
said. "There were complex legal issues and hundreds of
witnesses. The court's decision today is a testament to the work of
investigators and prosecutors to bring justice to this case."
Lawyer John
Osgood, who represented Richard Brown, said the defendants' remaining
appeal options were limited and few. They now have a year to file
appeals arguing ineffective defense counsel, new evidence showing
their innocence or improper sentencing.
The explosion
occurred in the early hours of Nov. 29, 1988, as six firefighters
approached a burning construction trailer in southeast Kansas City.
They did not know it contained 25,000 pounds of explosives. When the
trailer exploded, Halloran, James Kilventon, Michael Oldham, Luther
Eugene Hurd, Robert McKarnin and Thomas Fry were killed instantly.
After the
explosion, police focused on the Sheppards and south Kansas City's
Marlborough neighborhood. The next year Jackson County prosecutors
obtained a six-count murder indictment against Bryan Sheppard, but
charges were dismissed three months later.
A 1995 segment on
the television show "Unsolved Mysteries" provoked hundreds
of new phone calls to investigators, many naming the Sheppards or
their friends.
A grand jury
issued indictments in 1996. At the 1997 trial, prosecutors called 50
witnesses who said that one or two of the defendants had discussed or
confessed involvement in the explosion.
All five
defendants told police in 1988 that they were asleep when the
explosion occurred, but none testified at trial.
All were convicted
of aiding and abetting the arson that caused the deaths of the
firefighters.
"We were
always certain the U.S. Attorney's office had put together a
rock-solid case," said Kansas City Fire Chief Rick Brisbin.
"This does kind of nail it shut for the families and the
extended family, which is the fire service. We'll put it behind us
and go forward." |
