Jean Peters Baker's Amicus Motion

Electronically Filed - WESTERN DISTRICT CT OF APPEALS - June 12, 2023 - 04:37 PM
IN THE MISSOURI COURT OF APPEALS,

WESTERN DISTRICT
Eric DeValkenaere, Respondent,
v. WD85232
State of Missouri, Respondent
Jackson County Prosecutor’s Office

Motion for Leave to File a Brief of Amicus Curiae
Jean Peters Baker, in her capacity as Jackson County Prosecuting Attorney (“Amicus”),
pursuant to R. 84.05(f), respectfully requests leave of this Court to submit the conditional
amicus curiae brief in response to Appellant’s Brief. In support of these requests, she re-
spectfully submits the following suggestions:
Amicus represents the State of Missouri in the Circuit Court of Jackson County, Mis-
souri. §56.060. Pursuant to R. 84.05(f)(4), Amicus is authorized to file an amicus curiae
brief. Alternatively, Amicus respectfully requests that this Court grant it leave to file under
R. 84.05(f)(3).1
In this case, Cameron Lamb, one of Amicus’s constituents, was shot and killed by Ap-
pellant in Jackson County on December 3, 2019. Amicus obtained a conviction for invol-
untary manslaughter in the second degree and armed criminal action on November 19,
2021.
1
Amicus also sought consent for the filing of her amicus curiae under Rule
84.05(f)(3). Appellant objected to Amicus’s filing of such a brief. The Missouri
Attorney General, on behalf of Respondent, consented to Amicus’s request. Ex. A.
1
Amicus’s interest in the case is the interest of the State, composed of the victims and
the People of Jackson County, whom Amicus represents, and to ensure that the appeal is
prosecuted under the theory of the case presented by Amicus at trial and under the proper
standard of review owed the verdict.2
Appellant’s brief seeking to reverse the verdict and judgment has been pending without
a response or opposition since October 27, 2022. Per §27.050, the Missouri Attorney Gen-
eral represents the State in appellate courts. Starting in November 2022, the Missouri At-
torney General’s Office has requested and, thereafter, received 6 separate continuances of
the due date for Respondent’s Brief. Despite the long delay, the People Jackson County,
the victims, and Amicus are still unclear as to whether the Missouri Attorney General will
file a brief and, if so, whether that brief will be in response to Appellant’s Brief and in
support of Respondent’s position at trial and the verdict.
In its filing seeking the most recent extension, the Missouri Attorney General expressed
that “significant work on the brief [had] been completed.” Nonetheless, days after that,
upon this Court’s granting of the extension sought, the Missouri Attorney General publicly
stated that "[w]e continue to examine the case[,]" in response to an inquiry from the media
about whether they would ready to file a brief by the new deadline.
For the first time, Amicus does not know whether Respondent intends to defend the
conviction that Amicus obtained. The People of Jackson County and the victims deserve
2
Amicus’s intention is to defend the verdict. Amicus does not and cannot
represent the 16th Judicial Circuit in seeking leaving.
2
to have an advocate defend the conviction obtained by the State. Amicus is well-placed to
submit an amicus brief in this case. Amicus’s assistant attorneys, who tried this matter to
the Circuit Court would aid this Court in its review of this matter because they have specific
knowledge of the case, the trial record, and the legal issues raised by the Appellant.
For those reasons, Amicus respectfully requests that the Court enter an order, sus-
taining this motion and accepting the conditional amicus curiae brief.
Respectfully Submitted,
JEAN PETERS BAKER

Prosecuting Attorney
Jackson County, Missouri
by,
/s/ Dion Sankar

Dion Sankar (#64333)
P. Benjamin Cox (#60757)
Tim Dollar (#33123)
Terrence M. Messonnier (# 42998)
Assistant Prosecuting Attorneys
415 E. 12th St., 11th Floor
Kansas City, MO 64106
(816) 881-3113
dsankar@jacksongov.org
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was transmitted electronically through the
Missouri e-Filing System on 6/12/2023 to all attorneys of record.
/s/ Dion Sankar

Dion Sankar (#64333)
Assistant Prosecuting Attorney

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Electronically Filed - WESTERN DISTRICT CT OF APPEALS - June 12, 2023 - 04:37 PM

IN THE MISSOURI COURT OF APPEALS,

Eric DeValkenaere, Respondent,

State of Missouri, Respondent

Jackson County Prosecutor’s Office

spectfully submits the following suggestions:

souri. §56.060. Pursuant to R. 84.05(f)(4), Amicus is authorized to file an amicus curiae

84.05(f)(3). Appellant objected to Amicus’s filing of such a brief. The Missouri

Attorney General, on behalf of Respondent, consented to Amicus’s request. Ex. A.

standard of review owed the verdict.2

support of Respondent’s position at trial and the verdict.

represent the 16th Judicial Circuit in seeking leaving.

JEAN PETERS BAKER

/s/ Dion Sankar

Missouri e-Filing System on 6/12/2023 to all attorneys of record.

/s/ Dion Sankar

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