13/06/2025
A judge has ruled that Allen Moss was appropriately appointed as special prosecutor. This could be an item for appeal should Leon Lamb be convicted. (Please see link below for details regarding the ruling).
I wasn't surprised by the ruling. It would have been a startling decision to undo the appointment made by a previous judge.
I believe the state legislature should look at the language of the two statutes that were at play here and clarify the law. The judge said one statute applied to the appointment of special prosecutors and the other to the penalties against special prosecutors. The judge sided with Moss's interpretations of the statutes. Moss will stay on the case.
From a simple layman's perspective, I don't think Moss's involvement in defending a client in Cape Girardeau County rises to the level of disqualifying him for this case, but Lamb's attorneys made a good argument regarding a statute on the books. Regarding potential conflicts, I have more concerns about Moss's past representation of Bobby Wooten during Josh Kezer's exoneration trial than a random Cape County criminal defense case. Moss's former client, Scott City officer Wooten, took a report from Mark Abbott 10 days after the murder in 1992 about Abbott's claims of seeing Ray Ring, and not Josh Kezer, at the pay phone the night of the murder.
This report was not given to Josh's defense heading into the trial, a constitutional violation. Wooten was called to testify in 2008 about the report, and asked Moss to represent him. Before being called to testify, Wooten had made some conflicting statements to authorities. He said he thought the report was real, but didn't know if the signature at the bottom of the report was his. Under oath, Wooten made it clear that the report was legit, and handwriting experts concluded the signature was his. Wooten has since passed away.
If Lamb's defense wants to bring that report into evidence, then things could get a little tricky. Moss, who spoke up during Wooten's deposition, helped Wooten clarify the legitimacy of that report. Since Wooten is no longer living, Moss could potentially be called as a witness in Lamb's trial to validate the report his client took that put another man near the crime scene when Mischelle was murdered. The man in question, Ray Ring, was a friend of Lyle Day, initially considered a suspect. Day and Mischelle had fought publicly four days before she was killed. Wooten's testimony means that Moss, if called, might have to acknowledge that either his former client was lying or Mark Abbott was lying about the contents of that report.
To put another way: The special prosecutor in this case knows that Mark Abbott contradicted his former client's testimony regarding a key piece of eye-witness evidence in the Mischelle Lawless case. Of course Abbott, a longtime suspect in the crime, is not the person the special prosecutor is prosecuting for the murder. Moss's knowledge of Abbott's claim that his former client lied to the court about key evidence in this case seems important, though I admit it's difficult to put into words.
Do I think that Moss is colored a certain way regarding his previous representation of Wooten? No. But could he be called as a witness for the defense? I don't think it's a stretch. Testimony from Moss could show the jury that the prosecutor acknowledges one of these people perjured himself under oath, and neither of those people is Leon Lamb.
I also wonder to what extent absolute immunity would apply to a prosecutor who is called as a witness.
The Moss/Wooten/Abbott storyline is one of the endless oddities and complications this case presents. I have no indication that Lamb's team is concerned about Moss's representation of Wooten. I've asked them about it, but they've not let on whether they think it's a matter of concern or not. These are simply my thoughts on how this connection could get complicated.
I raised this issue of Moss's potential conflict with Cobb and Moss a year or two ago, long before Lamb was indicted. Cobb didn't think it rose to the level of concern. It is, after all, a small community, and attorneys represent all kinds of clients in all kinds of cases. And officially speaking, Josh's exoneration was a separate case from the criminal case against Lamb. I just remember being shocked as I was reviewing testimony and reading Moss's words in a transcript relating to this case.
In a larger sense, relating to the judge's recent decision and the defense's arguments, I do believe that the best public policy would require an elected prosecutor to publicly state the reasons for removing himself from a case. Charlie Weiss, one of Lamb's attorneys, was pushing this argument during the hearing. The prosecutor has elected authority, Weiss argued, and as such should only give up that authority for specific reasons. In this case, elected Prosecutor Donald Cobb hasn't brought on an assistant special prosecutor to help him, but asked the court to bring on a prosecutor to handle the totality of the case.
Cobb has not been involved in the case. In other cases I've covered where special prosecutors have been assigned, the local prosecutor has been involved in some capacity. Even going back to Josh Kezer's original trial, Christy Baker-Neel was involved with the trial, even though Kenny Hulshof did the bulk of the work. The current siutation is a little different, because Cobb himself didn't bring charges and then ask for a special prosecutor. He appointed Moss to develop the case. In essence, Moss oversaw an investigation, something normally done by a law enforcement agency. The detective Moss hired, David James, took the case in an entirely different direction than the investigation by former Sheriff Rick Walter and his investigators, Branden Caid and Darrin Sides.
One of the first things James did when Moss hired him was to obtain a commission from the sheriff's office. In my mind, that immediately blurred the lines of authority between Moss and the sheriff. Which brings me to this: If Cobb's reason for recusing himself for this case has to do with not bringing himself into conflict with the then-sheriff who made mistakes in the original investigation, or getting involved in a case with potential corruption from those involved in the original investigation, that conflict was reintroduced the moment David James obtained a badge from the Scott County Sheriff's Office. If the conflict was due to time and resource constraints, then Cobb should not have given up complete authority to Moss.
FWIW, I think Cobb's intentions were pure when he asked for a special prosecutor. I think he was trying to do the right thing, I really do. But frankly, I wish he had maintained some control in the decisions regarding this case.
This case is off-the-charts crazy. It will only get more so. Stay tuned.
A judge denied efforts to disqualify special prosecutor Allen Moss from the Mischelle Lawless murder case.