Willet's complaint in murder case continued to June 5

Convicted murderer alleges his defense attorney was ineffective

Scottie Willet
Scottie Willet

A status hearing in the Scottie Willet case Thursday morning was continued to 9 a.m. June 5, according to presiding Judge Jeff Harris.
"Judge Harris set the case for a review hearing on June 5, 2017," prosecuting attorney Christopher Wilson later said. "By that time, we will know if Willet's attorney intends to move forward and what claims he is making."
Willet, Wilson added, is alleging his defense attorney was ineffective while representing him in the criminal case.
"Willet's motion making those allegations was made pro se, or without the benefit of counsel," Wilson also added.
According to court personnel, Willet is seeking post-conviction relief referencing two state laws, including Rule 24.035.
Rule 24.035 states: "A person convicted of a felony on a plea of guilty and delivered to the custody of the department of corrections who claims that the conviction or sentence imposed violates the constitution and laws of this state or the constitution of the United States, including claims of ineffective assistance of trial and appellate counsel, that the court imposing the sentence was without jurisdiction to do so, or that the sentence imposed was in excess of the maximum sentence authorized by law may seek relief in the sentencing court pursuant to the provisions of this Rule 24.035."
According to Wilson, in nearly all post-conviction relief (PCR) cases, the court will appoint an attorney to represent the petitioner (defendant in the criminal case).
"That attorney will evaluate the case with the client and decide whether to proceed with the motion," Wilson added. "If they do, the attorney will file an amended motion for post-conviction relief, setting forth any legal basis that they believe exists for the claim of ineffective assistance of counsel or other constitutional violations. In this case, we are at the evaluation stage by appointed counsel."
Willet's appointed attorney has until early May to review the case and file any amended motion they believe is appropriate.
"If an amended motion is filed, the court will set a PCR hearing. That hearing takes place before the same judge that accepted the guilty plea and imposed the sentence - in this case, that will be Judge Harris," Wilson said. "It does not involve a jury trial; rather, it is simply a hearing before the judge."
After the hearing, the judge will decide whether or not there is any merit to the claims.
"If the judge overrules the PCR motion, then the guilty plea and sentence stand, and Willet can appeal that decision," Wilson added. "If the judge sustains the motion, then the judge can set aside the guilty plea. That means the criminal case is back to the point it was before the guilty plea - no more and no less."
Willet's conviction
According to Case.net, an online resource of the Missouri court system, Willet is incarcerated at the Jefferson City Correctional Center and is represented by public defender Valerie Sue Leftwich, of Columbia. She said she hasn't filed her amended motion yet and doesn't have a statement, then added that motion is due May 9.
In a Fulton courtroom last June, Willet pleaded guilty to shooting to death a 6-year-old-boy, Dayne Hathman, on Aug. 28, 2014. At that time, Willet, 29, was sentenced to life without eligibility for probation or parole.
He was charged with first-degree murder and a second charge of armed criminal action. According to the probable cause statement, Willet initially admitted guilt in the case when being interviewed Aug. 28, 2014, by Callaway County Sheriff's officials Dennis Crane (former sheriff) and Clay Chism (current sheriff). At that time, Willet said he deliberately shot the boy multiple times with a .40-caliber handgun at a residence he shared with the boy and his mother on Primrose Lane in Fulton.
As previously reported, the boy's mother had left him with Willet while she went to work overnight. When she arrived home, she couldn't find Dayne, and his grandmother, also a neighbor, reported the boy missing. Willet fled, and when investigators arrived, they found the boy's body concealed in Willet's closet.
Willet was later located and arrested in Sedalia.
Dayne was a kindergarten student at McIntire Elementary School in Fulton and was born with Downs syndrome. An obituary listed his parents as William Hathman and Ladaynea Simpson.
On Nov. 8, the court noted the filing of this petition for post-conviction relief by Willet and found he was allowed to proceed "in forma pauperis," or as someone without funds to pay for normal costs of a lawsuit or criminal defense.