Jackson County man convicted in wife’s murder granted new hearing

KANSAS CITY, Mo. (KCTV) - Kathy Middleton was shot and killed inside her Blue Springs home on February 12, 1990. Her husband Ken Middleton is convicted of her murder, but he has sworn he’s innocent.

Middleton claimed his wife dropped a gun and it misfired. He said he was not the one who filed the fatal shot.

Middleton will have a new evidentiary hearing on June 10, and it could lead to his freedom after decades in prison.

The case is legally fascinating. At one point, Middleton was offered an Alford plea. He could have maintained his innocence but itted the prosecutor had a strong case. He refused the deal.

It’s something KCTV5 asked him about in a prison interview back in 2019.

Middleton: “I don’t know if you know this — in 2004, they offered an Alford plea to walk out the door.”

KCTV5′s Angie Ricono: “Why didn’t you take it?”

Middleton: “Well if somebody else they said I murdered… but who they were saying I murdered. I just couldn’t do it.”

Ricono: “Do you regret it? You are still here!”

Middleton: “Hindsight is 20/20 though, ain’t it?”

Case History

Middleton’s latest legal petition argues there was a “perfect storm” of incompetent investigators and lawyers.

But the case is back in court due to bond issues. Middleton’s attorney argues his constitutional rights were violated because his bond froze his access to assets and that limited his choice of attorneys.

Attorney Kent Gipson says how the original investigation was handled will be a part of the hearing.

“The paramount issues that we’ve asserted all along was that he’s innocent. And to add insult to injury, he’s never really had a fair hearing to prove it before and he’s been in prison more than 30 years,” said Gipson.

Judge hears case of Missouri woman in prison for more than 40 years; She swears she’s innocent

Kathy’s death was the first murder Blue Springs police had investigated in nine years. Private investigators hired by Middelton’s lawyers say it showed. For whatever reason, investigators undressed Kathy’s body at the scene and sent the clothing separately.

In the end, crime scene photos were staged to the best of the investigator’s memory because the original photos didn’t develop. The gun was taken apart and reassembled before testing.

Much of what is outlined in the petition was the focus of a KCTV5 investigation in 2019 (below).

Middleton today

Middleton is now 79 years old. He has now spent more than three decades in prison, sentenced to life without parole — plus 200 years.

His son Cliff is thrilled his father has an evidentiary hearing this summer in DeKalb County.

“It’s been a long, a long road, but I’m very, very grateful and cautiously optimistic,” said Cliff Middleton.

The Jackson County Prosecutor’s Office has previously released this statement regarding the case.

“Our office has reviewed Middleton’s case four times and have not found reason to take further action. These four reviews include those done by a previous prosecutor and an outside counsel engaged by our office, as well as two reviews conducted by our own office. We would need new evidence to open a fifth review. We sympathize with Mr. Middleton’s family and would a review by the Governor of his sentence given Mr. Middleton’s age.”

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