Medicaid protesters among Nixon's pardons

Two Capitol Police officers make their way down the steps to remove Rev. John Bennett, left,   Wallace Hartsfield, Sr. and Sam Mann, at right, who are locked arm in arm during an act of civil disobedience in Missouri's Senate gallery Tuesday, May 6, 2014. Bishop Fred Caldwell, second row, and they were with the Faith Community Rally in Jefferson City to protest the senate's rejection of the expanded medicaid coverage under the Affordable Care Act, commonly referred to as Obamacare. These were the last four who refused to leave after the deliberative body was shut down for an hour and 23 people were arrested during the protest.
Two Capitol Police officers make their way down the steps to remove Rev. John Bennett, left, Wallace Hartsfield, Sr. and Sam Mann, at right, who are locked arm in arm during an act of civil disobedience in Missouri's Senate gallery Tuesday, May 6, 2014. Bishop Fred Caldwell, second row, and they were with the Faith Community Rally in Jefferson City to protest the senate's rejection of the expanded medicaid coverage under the Affordable Care Act, commonly referred to as Obamacare. These were the last four who refused to leave after the deliberative body was shut down for an hour and 23 people were arrested during the protest.

Jefferson City ministers William (W.T.) Edmonson and John Bennett were among 16 religious leaders pardoned by Gov. Jay Nixon on Friday after their convictions last year of misdemeanor trespassing in the state Senate's visitors' gallery in May 2014.

A Cole County jury last August convicted 22 of 23 people charged in 2014 after disrupting the Senate's debate by singing and chanting in the gallery following a protest rally in the Capitol Rotunda.

The trial for the 23rd person charged hasn't been held yet.

Three Jefferson City lawyers - State Rep. Jay Barnes, his father Randall Barnes and Rod Chapel, president of the NAACP's state and Jefferson City organizations - provided the defense for the 22 in last summer's trial.

Chapel told the News Tribune on Saturday evening they were pleased the "governor was willing to use his power to demonstrate that the prosecution of these 22 people was inappropriate and that they were exercising their First Amendment rights to speak and their ability to pray in a public building."

He noted Nixon's pardons "didn't say all that, but that's what we were hoping for" in the applications for the pardons.

Only 16 of the 22 who were convicted last year applied for the governor's pardons, even though all 22 felt they had done nothing wrong and never should have been charged or tried, Chapel said.

All 22 are "firm supporters of the expansion of Medicaid and believe that in order for that issue to get the attention that it needs, everyone has got to pay attention to it as an important issue," he said.

Those who sought and received Nixon's pardons believe the governor's action will advance their cause, he explained, and those who chose not to seek a pardon believed "there were issues brought up because of the way the case was tried."

Those issues included having a mass trial instead of individual trials - even though all 23 faced the same charges.

"That's not American justice," Chapel argued Saturday. "What we ended up with was mass justice, which creates a lot of confusion and didn't allow many of the regular ability to communicate with their attorneys individually."

Chapel alleged the trial process also included some race-based issues in jury selection.

He said African Americans were struck from potential jury service while others "who had close relationships with either the prosecution or even with the defendants' Caucasian lawyers were allowed to remain on the jury."

And that, he said, is an issue the U.S. Supreme Court already has ruled shouldn't occur, and by not getting a governor's pardon, they have left open an issue for challenge in an appeal.

Those who received a pardon no longer can appeal, Chapel said.

Although the trial and jury convictions occurred last summer, Circuit Judge Dan Green has not yet set a date for sentencing in the case, which must occur before any appeal can be sought.

With Nixon's pardons, only the six who were not pardoned still can be sentenced, Chapel said.

Besides Bennett and Edmonson, those religious leaders pardoned Friday for their convictions of misdemeanor trespass at the state Senate were: Tony Caldwell, Chaunia Chandler, Dawn Hickman, Steve Houpe, Vernon Howard Jr., Tony Johnson, Karlous Kalu, David Kingsley, Sam Mann, Donna McDaniel, Kenneth Mosley, Tex Sample, James Tindall and Rodney Williams.

They mostly are from Kansas City and St. Louis.