Janet Thompson Affidavit

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AFFIDAVIT

STATE OF MISSOURI )
) ss:
COUNTY OF BOONE )

I, Janet M Thompson, being duly sworn, do hereby state upon penalty of perjury that:

1. I am an attorney in good standing, licensed to practice law in the State of Missouri

since 1984. My Missouri Bar No. is 32260.

2. I am currently the District II Commissioner for Boone County, Missouri. My office

address is Boone County Government Center, 801 East Walnut, Room 333, in Columbia,

Missouri. I was elected to that position in November 2012 and sworn into office on January 1,

2013.

3. Prior to my election to Commissioner, I was employed as an appellate attorney with

the Office of the State Public Defender, Woodrail Centre, 1000 West Nifong, Building 7, Suite

100, in Columbia, Missouri. In that capacity, I specialized in direct appeals in capital cases, and

had been doing so full-time since 1989.

4. I represented Brian J. Dorsey on his direct appeal from his convictions and death

sentence in Boone County Case No. 07BA-CR01875.

5. In the early fall of 2007, prior to my direct involvement in Brian's case, I received a

telephone call from Chris Slusher, who was Brian's trial attorney. Mr. Slusher told me that he

was considering pleading Brian guilty to two counts of first degree murder without any

negotiated agreement with the State to waive the death penalty, and he wanted to know my

opinion. I do not recall that Mr. Slusher articulated any strategy or rationale for this proposed

course of action.· I recollect that Mr. Slusher only told me that "they" - Mr. Slusher and Scott

McBride - were representing Brian, and that this was what they were thinking about doing. I told

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Mr. Slusher that I thought it was a very bad idea to plead guilty without a waiver of the death

penalty, and that he should read the Worthington case as an example of why it was a bad idea.

6. I met Brian Dorsey for the first time on December 18, 2008, after being assigned as his

direct appeal attorney following the imposition of a death sentence. I became very concerned

after learning from Brian that Mr. Slusher had sprung the plea idea on him as they were going

into the courthouse for the hearing at which Brian subsequently entered a guilty plea, and that

Brian had little time to consider things but instead relied on Mr. SI usher's judgment as to the best

course of action. I was also concerned that, according to Brian, Mr. Slusher had told him that Mr.

Slusher had consulted with other attorneys who concurred that pleading Brian open was a valid

course of action.

7. On December 19, 2008, I reported these concerns, as well as my earlier telephone

conversation with Mr. Slusher, in an email to my supervisor, Greg Mermelstein, who was the

Director of the Appellate/Post-Conviction Division of the Office of the State Public Defender. I

also expressed these concerns to several office colleagues, including transfer attorney Barbara

Hoppe, and told them there was no reason to waive guilt with no guarantee of waiving the death

penalty. I further opined that the System should not hire Mr. Slusher nor Mr. McBride for death

penalty cases again.

FURTHER AFFIANT SAYETH NOT.

~~
SUBSCRIBED AND SWORN TO BEF

DEBORAH A. SPRAGUE
Notary Public - Notary Seal
State of Missouri
County of Boone
My Ccmmission Expires August 10, 2016
Ccmmlssion #12379046
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