30 years later, Missouri man convicted of murder granted new hearing

May 20—An evidentiary hearing is set to take place in Maysville, Missouri, this summer in the case of a Missouri man who has been in prison for 33 years over the death of his wife.

Ken Middleton was charged with first-degree murder after his wife died from a gunshot wound in 1990. He has maintained his innocence ever since, including in a 2004 plea deal opportunity that would have allowed him to walk free had he formally admitted guilt.

He has been incarcerated in Cameron, Missouri, prison since then, but a new evidentiary hearing on July 24, 2024, in Maysville could lead to his freedom after decades in prison.

Middleton's son, Cliff Middleton, told News-Press NOW that his father is determined to clear his name with a new trial, but he won't do so by denying his innocence, even after being encouraged by close relatives.

"My father has repeatedly refused the plea deal they've offered him," he said. "There's not a guilty man in prison serving life without parole, with all appeals exhausted, who would turn that down? My dad had an amazing amount of courage to make that decision."

Middleton insists his wife, Kathy Middleton, died by accident as she fumbled with a gun, and rather than accept a guilty verdict, he is serving a life sentence for her death.

According to documents provided, a forensic expert hired by the family concluded there was no blood splatter on Ken Middleton although his wife was allegedly shot just 8 inches away from him.

"She fumbled with the gun and tried to catch it, and it went off and shot her, is what happened," Cliff Middleton said. "I can tell you, we were in front of one of the most conservative judges in the state of Missouri and proving to the trial judge that a wrongful conviction happened in their courtroom is next to impossible."

Ken Middleton's attorney claims his constitutional rights were violated because access to his assets was apparently frozen by the courts, which limited his choice of attorneys. How the case has been handled so far will have a hand in the upcoming evidentiary hearing.

After spending more than 30 years behind bars, Cliff Middleton said there is no guarantee his father will receive the outcome he's seeking, but he's still trying to remain positive.

"I lost all faith in the justice system, so for me to sit here and tell you now that I feel confident that my dad's coming home is false," he said. "I'm not going to feel confident until my dad walks out the door. However, a part of me is cautiously optimistic that because the judge has granted an evidentiary hearing and because of the law and the facts involving the prosecution of my father's case, I feel good that justice will prevail."

Jenna Wilson can be reached at jenna.wilson@newspressnow.com.