P
PRESS-NE IVS JOURNAL
(USPS 088-820) Vol. No. XV, New Series No. 44 Canton, Missouri 63435 Thursday, October 31, 1985
Legal action may result
in new trial in robbery
/
by Dan Steinbeck
A different legal twist brought by
'one of two people convicted of a daring
daylight armed robbery in 12 of a
Canton business, may bring the issue
up for a new trial.
James Myrle Bockes, who was age
33 and of Hannibal when arrested Dec.
31, 1982, was convicted of armed
robbery by jury trial April 12-13, 19e3,
and sentenced by Judge Bruce
Normile to 20 years for first degree
robbery and five years for armed
criminal action. He has filed a legal
request called "Rule 27.26."
Lewis County Prosecuting Attorney
Fred Westhoff explained the rule is "a
challenge to a conviction based, in
effect, on denial of his (defendant's)
constitutional rights."
Bockes and Vicki Phelps, who was 26
at the arrest, were convicted of armed
robbery of the Grand Leader Pharm-
acy in Canton. That robbery occurred
about 3:15 p.m. that day and the pair
was arrested several hours later.
Bockes' conviction was affirmed by
the Missouri Court of Appeals, Western
District Aug. 14, 1984.
According to the motion filed
Monday with the Adair County Circuit
Clerk's office, Jules DeCester, assis-
tant public defender, was appointed to
represent both Bockes and Phelps in
1983.
A joint hearing was held Fob. 28,
1963, and a joint arraignment was held
March 10, 1983. Bockes sought and
received a change of venue to Adair
County on March 22, 1983, while Phelps
was granted a change of venue to
Knox County. Bockes was tried and
convicted in April, Phelps in May.
DeCoster represented both defen-
dants in all proceedings in both trials,
according to the filed statement. The
statement also said DeCceter had
con/erred with both and it was
determined DeCoster would represent
both of them at a joint trial.
The filed motion said "A trial
strategy was worked out whereby, at
the expected joint trial, Vicki would
testify but that Movant (Bockes) would
not testify. However, the cases were
severed when Movant received a
change of venue to Adair County while
Vicki's ease remained in Lewis Co.
Movant informed trial counsel that
Movant wanted to have the testimony
of Vicki at Movant's trial. Trial
counsel filed a motion to withdraw in
Vicki's case, but the motion was not
taken up before the trial of Movant.
Movant informed trial counsel that the
testimony of Vicki was necessary at
Movant's trial, but trial counsel did not
subpoena Vicki, and Vicki, who was on
bond, did not know about Movant's
trial and did not appear on Movant's
trial date.
"At the Rule 27.26 hearing, Vicki
testified that she had intended to
testify at Movant's trial, and wanted to
testify, and that her testimony would
prove that Movant did not commit the
alleged robbery. Trial Counsel DeCos-
tor testified that in his opinion the
State's case against Movant was
strong, but circumstantial, and it
would have been favorable for Movant
to have Vicki testify. Howler, trial
counsel did not subpoena or obtain the
presence of Vicki at Movant's trial
because the trial counsel thought that
Vicki would, if called, refuse to testify
on Fifth Amendment grounds. He
further testified that he would have
advised her of her Fifth Amendment
Rights and she had previously told him
she would not testify."
The motion of special Judge Retold
M. Belt said the question is on, of
conflict of interest by representation of
multiple defendants by the same
counsel.
Westhoff said Tuesday there is a
"real possibility" of a new trial in the
case. "However, the State has the
right to appeal and I've been in touch
with the (Missouri) Attorney General's
Office about that."
Westhoff said while a new trial is
possible, the current motion filed in
behalf of Bockes is a separate
proceeding from the original criminal
proceeding.
Beckes, according to the motion, is
still in the Missouri Division of
Corrections, and believed to be at
Moberly. Westhoff said he anticipates
Adair County re-taking custody of
Bockes, pending further proceedings.
"In my opinion, it's the height of
legal technicalities raised," Westhoff
said of the motion.
.
duo
Four-year-old Phfllip Darneli, Monticello, found a pumpkin just about his size.
He had asked his grandmother, Ruth DarnelL to grow him one and she agreed
to try. She didn't expect results like the {me pictured when sh planted the
aptly-named Mammoth Seed. Ruth Darnell grew the 190 pound j:k-o-lantern,
plus one of 130 pounds and one of 90 pounds, in her garden behind the ASCS
office in Monticello without any special feed or fertilizer. Phillip calls his
three-inch-thick-rine friend "Papa Smurf."
Greek letter
tips for Halloween
members of the Culver-
,arsity men's basket-
team were injured in a one-car
accident early Saturday near Liberty,
m.
Injured were Dennis A. Klingele, 20,
Gregory Hoener, 19, and David
Varner, 19. Klingele is a junior guard
from Liberty, Hoener is a sophomore
center from SuRer, HI., and Varner is
a sophomore guard from Keok'uk. "
As of Monday, Klingele was listed in
serious condition in the intelve care
unit of Blessing Hospital with back
injuries. Varner was in satisfactory
C-S cagers hurt as car flips
condition with blunt trauma (bruises
and lacerations) Hoener wilt: released
from the hospital Monday.
According to the Illinois State Police,
Klingele was west bound on Illinois 104
about 3:30 a.m. Saturday when the car
ran off the north side of the road,
returned and ran off the north side of
the road again, skidded, overturned
and came to rest on its wheels.
All three were thrown from the car.
Illinois State Police said none were
wearing seathelts.
Culver-Stockton coach Rod Walton
said Klingele, an all-conference player,
will be out for the season, and he
expects tleener4uutVanm" to mira the
first half of the mmson.
"It (the accident) takes away a lot
of our depth. It took away two of our
top three guards (Klingele and
Varner). Everyone else will need to
tighten their belt and play harder. I
told the team it changes their
(individual) roles.
The team is working hard. Those
injured have a good mental attitude.
"We're not going to sit around and
feel sorry for ourselves," Walton said.
-treaters tonight collegians to Many entries, visitors at car show
not to eat any of are not a good idea for sake walking."
they get home.
carefully before
to eat them,"
Hess, Extension
t University Extension.
Some safety tips for
children who
Look foe
beards and wigs
Resistant." A1mongh
these items won't
indicates that
and should
once removed from
Flimsy materials
baggy sleeves or
be avoided to
risk of contact with
sources of ignition."
costumes light and
be clearly visible to
visibility in
costUmes can be
with reflective
"glow" in the beam of
Bags or sacks
light colored or
riective tape. Reflec-
available in
and sporting goods
should also carry
- and be seen - more
short mou to
from tripping and
should wear well-fit-
mother's high heels
"Hats and scarfs should be tied
securely to prevent them from slipping
over children eyes. Apply a natural
mask of cosmetics rather than have a
child wear a Ionse-fittin.g mask which
might 'strict breathing or obscure
vision. If a mask is used, make sure it
fits securely and has eyeholes large
enough to allow full vision. Swords,
knives, and similar costume accessor-
ies should he soft or flexible material."
"Smaller children should always be
accompanied by an older responsible
child or an adult. All children should
use the sidewalk rather than walk in
the street, and they should walk not
run from house to house. Children
should he cautioned against running
out from between parked ears, or
across lawns and yards where
ornaments, furniture, or clotheslines
Iresent dangers.
"Children should only go to homes.
where ruidonts have outside lights on
a sign of welcome. Children shOUld not
enter homes or apartments unless they
are accompanied by an adult."
"Those receiving trick-or-treaters
should remove anything that could be
an obstacle from steps, lawns, and
por. Candle lit jack-o:lanterns
be kept away from landings and
doorsteps where costumes could brush
against the flame. Indoor jack-o'4ant-
erns should be kept away from
curtains, decorations, or other furnish-
ings that could he ignited."
VFD receives $1,300 to
rural fire protection
Department has
SLs0o as pgrt d
Fire
administered by the
of ConseaflmL
manted by d
forJr, from the
the Comervatim
of the RCF1 )
na f,e
finaneinl
of le than
The funds are
departmeats on a
5o-5o cmt share basis.
Monticello Fire Department was one
of 157 fire dapartments that were
awarded grants this year. The 137
grantees received a total of $201,495 of
which 4e percent ($92,000) was federal
dollars and 54 percent ($109,496) was
conservation sales tax funds. The
Omservation Dqrartment has distri-
Cted $1,S,700 in 1,240 grants
throughout the site of Miasoui-i since
the RCFP program was initially
funded in 17/5.
aid youngsters
"Big brothers" and "big sisters"
will be lodking out for young
Halloween trick-or-treaters in Canton
Thursday night, as they make their
rounds in the dark of Halloween.
Fraternity and sorority members
from Culver-Stockton plan to he
stationed at every street corner in the
town to assist the Young spooks
crossing streets, and generally over-
seeing their safety.
A service preject of the Interfratern-
ity Council and the Panhellenie
Council, the students will he identified
with shirts bearing the names of their
Greek letter organizations, and will
man their posts from 7 to 9 p.m.
Apparently, an independently-
organized car show was a success in
Canton Saturday.
The River City, Auto Exhibit brought
8 entries from at least five states to
the lot on White Street in Canton, and
according to co-organizer Jim English,
"a wonderful crowd" was also present.
English, Jim Leone and Ray
McSorley spearheaded the efforts for
the show to help promote Canton
braincases.
Winners of the events were: Best
truck - '50-'85 - first, Cindy Wulf,
Virginia, III.; second, Bill Embre,
Dall, Tex.
Best street machine: '48-under - first,
Jim and Sandy L0ckhart, Meredea,.
Ill.; second, Don Hamilton, Perry, I]I.;
'4-'59 - first, Ben Casebi, Canton;
second, Dale Shirley, Keokuk; '60-'70:
first. Bert Wallace, Sholbina; second,
George Strauhe, Quincy; '71-'85: first,
Kenny A]lensworth, Quincy; second,
Mark Otte, Canton.
Best custom: first, Mary Ann Minik,
Washington, Is.; second, Chad Penn,
Lewlstown.
Best four-wheel drive: first, Barb
Contrell, Quincy; second, Fred With-
row, Kirksville.
Best classic: first, Ben Casebier,
Canton, '56 Cadillac; second, Ben
Casebier, Canton, '66 Lincoln Converti-
ble.
Best Corvette '58-'71: first, Ken
Contrell, Quincy; second, Nancy
Caeebter, Canton; '72-'85 - first, Mike
Shinn, Quincy; second, Bunkie Kane,
gdwardsville, m.
Best unfinished: first, Mike Penton,
Hamilton, Ill.; second, Jim Leon
Canton.
Best antique: first, Lysle L.
Vanbouten, Clarence; second, Glen
llobey, Mexico.
Best muscle (stock) car: first, Scott,
Walton, Quincy; second, Darral
Vannaken, LaGrange.
People's Choice: first, Chad Prom,
Lewistown; second, Marshall Mc-
Carty, Macon.
Best stock original: first, Ben
Casebier, Canton; second, John
Merker, Quincy.
Best of show: first, Jim and
Lockhart, Meredmis; second, Lyric,
L. Vanhouten, Clarence.
River City Auto Show
Ideal weather helped bring a lot of people to the River City Auto Exhibit
Saturday iCanton. The car show was a first t/me, independently sponsored
event bringing 82 entries for public viewing. The show was held on a vaemtt let
on White Street.
P
PRESS-NE IVS JOURNAL
(USPS 088-820) Vol. No. XV, New Series No. 44 Canton, Missouri 63435 Thursday, October 31, 1985
Legal action may result
in new trial in robbery
/
by Dan Steinbeck
A different legal twist brought by
'one of two people convicted of a daring
daylight armed robbery in 12 of a
Canton business, may bring the issue
up for a new trial.
James Myrle Bockes, who was age
33 and of Hannibal when arrested Dec.
31, 1982, was convicted of armed
robbery by jury trial April 12-13, 19e3,
and sentenced by Judge Bruce
Normile to 20 years for first degree
robbery and five years for armed
criminal action. He has filed a legal
request called "Rule 27.26."
Lewis County Prosecuting Attorney
Fred Westhoff explained the rule is "a
challenge to a conviction based, in
effect, on denial of his (defendant's)
constitutional rights."
Bockes and Vicki Phelps, who was 26
at the arrest, were convicted of armed
robbery of the Grand Leader Pharm-
acy in Canton. That robbery occurred
about 3:15 p.m. that day and the pair
was arrested several hours later.
Bockes' conviction was affirmed by
the Missouri Court of Appeals, Western
District Aug. 14, 1984.
According to the motion filed
Monday with the Adair County Circuit
Clerk's office, Jules DeCester, assis-
tant public defender, was appointed to
represent both Bockes and Phelps in
1983.
A joint hearing was held Fob. 28,
1963, and a joint arraignment was held
March 10, 1983. Bockes sought and
received a change of venue to Adair
County on March 22, 1983, while Phelps
was granted a change of venue to
Knox County. Bockes was tried and
convicted in April, Phelps in May.
DeCoster represented both defen-
dants in all proceedings in both trials,
according to the filed statement. The
statement also said DeCceter had
con/erred with both and it was
determined DeCoster would represent
both of them at a joint trial.
The filed motion said "A trial
strategy was worked out whereby, at
the expected joint trial, Vicki would
testify but that Movant (Bockes) would
not testify. However, the cases were
severed when Movant received a
change of venue to Adair County while
Vicki's ease remained in Lewis Co.
Movant informed trial counsel that
Movant wanted to have the testimony
of Vicki at Movant's trial. Trial
counsel filed a motion to withdraw in
Vicki's case, but the motion was not
taken up before the trial of Movant.
Movant informed trial counsel that the
testimony of Vicki was necessary at
Movant's trial, but trial counsel did not
subpoena Vicki, and Vicki, who was on
bond, did not know about Movant's
trial and did not appear on Movant's
trial date.
"At the Rule 27.26 hearing, Vicki
testified that she had intended to
testify at Movant's trial, and wanted to
testify, and that her testimony would
prove that Movant did not commit the
alleged robbery. Trial Counsel DeCos-
tor testified that in his opinion the
State's case against Movant was
strong, but circumstantial, and it
would have been favorable for Movant
to have Vicki testify. Howler, trial
counsel did not subpoena or obtain the
presence of Vicki at Movant's trial
because the trial counsel thought that
Vicki would, if called, refuse to testify
on Fifth Amendment grounds. He
further testified that he would have
advised her of her Fifth Amendment
Rights and she had previously told him
she would not testify."
The motion of special Judge Retold
M. Belt said the question is on, of
conflict of interest by representation of
multiple defendants by the same
counsel.
Westhoff said Tuesday there is a
"real possibility" of a new trial in the
case. "However, the State has the
right to appeal and I've been in touch
with the (Missouri) Attorney General's
Office about that."
Westhoff said while a new trial is
possible, the current motion filed in
behalf of Bockes is a separate
proceeding from the original criminal
proceeding.
Beckes, according to the motion, is
still in the Missouri Division of
Corrections, and believed to be at
Moberly. Westhoff said he anticipates
Adair County re-taking custody of
Bockes, pending further proceedings.
"In my opinion, it's the height of
legal technicalities raised," Westhoff
said of the motion.
.
duo
Four-year-old Phfllip Darneli, Monticello, found a pumpkin just about his size.
He had asked his grandmother, Ruth DarnelL to grow him one and she agreed
to try. She didn't expect results like the {me pictured when sh planted the
aptly-named Mammoth Seed. Ruth Darnell grew the 190 pound j:k-o-lantern,
plus one of 130 pounds and one of 90 pounds, in her garden behind the ASCS
office in Monticello without any special feed or fertilizer. Phillip calls his
three-inch-thick-rine friend "Papa Smurf."
Greek letter
tips for Halloween
members of the Culver-
,arsity men's basket-
team were injured in a one-car
accident early Saturday near Liberty,
m.
Injured were Dennis A. Klingele, 20,
Gregory Hoener, 19, and David
Varner, 19. Klingele is a junior guard
from Liberty, Hoener is a sophomore
center from SuRer, HI., and Varner is
a sophomore guard from Keok'uk. "
As of Monday, Klingele was listed in
serious condition in the intelve care
unit of Blessing Hospital with back
injuries. Varner was in satisfactory
C-S cagers hurt as car flips
condition with blunt trauma (bruises
and lacerations) Hoener wilt: released
from the hospital Monday.
According to the Illinois State Police,
Klingele was west bound on Illinois 104
about 3:30 a.m. Saturday when the car
ran off the north side of the road,
returned and ran off the north side of
the road again, skidded, overturned
and came to rest on its wheels.
All three were thrown from the car.
Illinois State Police said none were
wearing seathelts.
Culver-Stockton coach Rod Walton
said Klingele, an all-conference player,
will be out for the season, and he
expects tleener4uutVanm" to mira the
first half of the mmson.
"It (the accident) takes away a lot
of our depth. It took away two of our
top three guards (Klingele and
Varner). Everyone else will need to
tighten their belt and play harder. I
told the team it changes their
(individual) roles.
The team is working hard. Those
injured have a good mental attitude.
"We're not going to sit around and
feel sorry for ourselves," Walton said.
-treaters tonight collegians to Many entries, visitors at car show
not to eat any of are not a good idea for sake walking."
they get home.
carefully before
to eat them,"
Hess, Extension
t University Extension.
Some safety tips for
children who
Look foe
beards and wigs
Resistant." A1mongh
these items won't
indicates that
and should
once removed from
Flimsy materials
baggy sleeves or
be avoided to
risk of contact with
sources of ignition."
costumes light and
be clearly visible to
visibility in
costUmes can be
with reflective
"glow" in the beam of
Bags or sacks
light colored or
riective tape. Reflec-
available in
and sporting goods
should also carry
- and be seen - more
short mou to
from tripping and
should wear well-fit-
mother's high heels
"Hats and scarfs should be tied
securely to prevent them from slipping
over children eyes. Apply a natural
mask of cosmetics rather than have a
child wear a Ionse-fittin.g mask which
might 'strict breathing or obscure
vision. If a mask is used, make sure it
fits securely and has eyeholes large
enough to allow full vision. Swords,
knives, and similar costume accessor-
ies should he soft or flexible material."
"Smaller children should always be
accompanied by an older responsible
child or an adult. All children should
use the sidewalk rather than walk in
the street, and they should walk not
run from house to house. Children
should he cautioned against running
out from between parked ears, or
across lawns and yards where
ornaments, furniture, or clotheslines
Iresent dangers.
"Children should only go to homes.
where ruidonts have outside lights on
a sign of welcome. Children shOUld not
enter homes or apartments unless they
are accompanied by an adult."
"Those receiving trick-or-treaters
should remove anything that could be
an obstacle from steps, lawns, and
por. Candle lit jack-o:lanterns
be kept away from landings and
doorsteps where costumes could brush
against the flame. Indoor jack-o'4ant-
erns should be kept away from
curtains, decorations, or other furnish-
ings that could he ignited."
VFD receives $1,300 to
rural fire protection
Department has
SLs0o as pgrt d
Fire
administered by the
of ConseaflmL
manted by d
forJr, from the
the Comervatim
of the RCF1 )
na f,e
finaneinl
of le than
The funds are
departmeats on a
5o-5o cmt share basis.
Monticello Fire Department was one
of 157 fire dapartments that were
awarded grants this year. The 137
grantees received a total of $201,495 of
which 4e percent ($92,000) was federal
dollars and 54 percent ($109,496) was
conservation sales tax funds. The
Omservation Dqrartment has distri-
Cted $1,S,700 in 1,240 grants
throughout the site of Miasoui-i since
the RCFP program was initially
funded in 17/5.
aid youngsters
"Big brothers" and "big sisters"
will be lodking out for young
Halloween trick-or-treaters in Canton
Thursday night, as they make their
rounds in the dark of Halloween.
Fraternity and sorority members
from Culver-Stockton plan to he
stationed at every street corner in the
town to assist the Young spooks
crossing streets, and generally over-
seeing their safety.
A service preject of the Interfratern-
ity Council and the Panhellenie
Council, the students will he identified
with shirts bearing the names of their
Greek letter organizations, and will
man their posts from 7 to 9 p.m.
Apparently, an independently-
organized car show was a success in
Canton Saturday.
The River City, Auto Exhibit brought
8 entries from at least five states to
the lot on White Street in Canton, and
according to co-organizer Jim English,
"a wonderful crowd" was also present.
English, Jim Leone and Ray
McSorley spearheaded the efforts for
the show to help promote Canton
braincases.
Winners of the events were: Best
truck - '50-'85 - first, Cindy Wulf,
Virginia, III.; second, Bill Embre,
Dall, Tex.
Best street machine: '48-under - first,
Jim and Sandy L0ckhart, Meredea,.
Ill.; second, Don Hamilton, Perry, I]I.;
'4-'59 - first, Ben Casebi, Canton;
second, Dale Shirley, Keokuk; '60-'70:
first. Bert Wallace, Sholbina; second,
George Strauhe, Quincy; '71-'85: first,
Kenny A]lensworth, Quincy; second,
Mark Otte, Canton.
Best custom: first, Mary Ann Minik,
Washington, Is.; second, Chad Penn,
Lewlstown.
Best four-wheel drive: first, Barb
Contrell, Quincy; second, Fred With-
row, Kirksville.
Best classic: first, Ben Casebier,
Canton, '56 Cadillac; second, Ben
Casebier, Canton, '66 Lincoln Converti-
ble.
Best Corvette '58-'71: first, Ken
Contrell, Quincy; second, Nancy
Caeebter, Canton; '72-'85 - first, Mike
Shinn, Quincy; second, Bunkie Kane,
gdwardsville, m.
Best unfinished: first, Mike Penton,
Hamilton, Ill.; second, Jim Leon
Canton.
Best antique: first, Lysle L.
Vanbouten, Clarence; second, Glen
llobey, Mexico.
Best muscle (stock) car: first, Scott,
Walton, Quincy; second, Darral
Vannaken, LaGrange.
People's Choice: first, Chad Prom,
Lewistown; second, Marshall Mc-
Carty, Macon.
Best stock original: first, Ben
Casebier, Canton; second, John
Merker, Quincy.
Best of show: first, Jim and
Lockhart, Meredmis; second, Lyric,
L. Vanhouten, Clarence.
River City Auto Show
Ideal weather helped bring a lot of people to the River City Auto Exhibit
Saturday iCanton. The car show was a first t/me, independently sponsored
event bringing 82 entries for public viewing. The show was held on a vaemtt let
on White Street.
