Anti Federalist
07-25-2011, 05:54 PM
Thumbnail: man spends years in prison and on the run based on being fraudulently charged with child sexual abuse, by his ex wife and cop detective who were having an affair.
(Town of)Lee’s Summit to pay $15.5 million to wrongly accused man
http://www.kansascity.com/2011/07/22/3031335/lees-summit-to-pay-155-million.html#ixzz1TAFPYIzD
Ted White stood Friday beneath a crystal chandelier in the ballroom of a posh Plaza hotel.
He had just received a $15.5 million court settlement. But he talked mostly about what he had lost.
“I want to tell all of my children that the door is now open to come back through to see me again,” White said, fighting back tears.
His victory cost him so much.
He is the former Lee’s Summit businessman who spent five years in prison for child sexual abuse before being exonerated when a later jury determined that the police detective who investigated the case had conspired with White’s wife to manipulate evidence to get him convicted.
The two had been carrying on an affair.
The 13-year ordeal — which saw four trials, an escape to Costa Rica, a missing diary and a late-night visit by Secret Santa — finally ended Friday with Lee’s Summit agreeing to pay White the settlement.
Two years ago, the city could have paid $5 million less. Shortly after a civil jury awarded White $16 million, his attorneys offered to settle for $10 million.
The city refused that offer, and said it would pay nothing.
In a statement released Friday, Lee’s Summit Mayor Randy Rhoads said the city needed to be sure of its legal obligations:
“These matters have now been resolved and the city is fulfilling its legal obligation and is hopeful that this settlement provides closure for Mr. White and his family.”
The statement went on to say that the $15.5 million would be paid out of reserve funds and should not affect the city’s ability to deliver services.
The settlement comes a month before Lee’s Summit was to face a federal “crime fraud” hearing on accusations that the city acted improperly.
Tainted inquiry
The case began in 1998 when White’s wife, Tina, reported to police that White had sexually abused their 12-year-old daughter.
Richard McKinley, a detective, was assigned to the case. He had met Tina White when McKinley, who ran a painting business on the side, went to the White home to look at a door that needed repair.
The Whites separated about a month later.
As part of the investigation, McKinley read the daughter’s diary. According to the later civil suit, the diary contained no mention of any abuse.
But the diary was never reported as evidence and has never been found.
Three months into the investigation, McKinley told Ken Conlee, then Lee’s Summit’s police chief, that he was involved with the suspect’s wife.
Conlee, who is now director of the Jackson County jail, left McKinley on the case.
In February 1999, White was convicted and ordered to prison. But instead of reporting, he fled to Costa Rica and assumed a new identity. Authorities tracked him down and returned him to Missouri, but not before he spent a year in a Costa Rica prison and was beaten.
Shortly after White entered a Missouri prison, a co-worker of Tina White told Ted White’s attorney about the affair between the detective and the wife.
The attorney notified prosecutors. But according to the later lawsuit, prosecutors had known about the affair for months but chose to keep it quiet.
That is when attorneys for the Midwestern Innocence Project took up the case and won a new trial.
It ended with a hung jury. A third trial was set. That’s when Secret Santa — real name Larry Stewart — got involved.
He made a surprise visit to White in jail. At 3 a.m.
Don’t worry, Stewart told him. He and Kansas City mortgage banker James Nutter Sr. would take care of legal bills.
By this time, friends and supporters had posted signs all over Lee’s Summit to free White.
White was acquitted at the third trial in 2005. He then sued McKinley, his ex-wife, Conlee and the city of Lee’s Summit.
The city didn’t want any part of the suit. In exchange for being dropped as a defendant, Lee’s Summit agreed to “indemnify” McKinley, meaning it would pay any judgment against the former detective.
Two years later, on Aug. 28, 2008, a civil jury found in White’s favor and awarded him $16 million.
But Lee’s Summit then announced it could not honor the earlier agreement because an ordinance prohibited the city from indemnifying any employee accused of violating someone’s civil rights.
City officials said they were unaware of the ordinance when they agreed to indemnify McKinley.
White’s attorneys accused the city of legal misconduct.
In April, U.S. District Judge Nanette Laughrey threatened Lee’s Summit with a crime fraud hearing and said she would take the case apart “piece by piece, molecule by molecule.”
The settlement was soon in the making. The crime fraud hearing has been canceled.
According to Brian McCallister, White’s attorney, Tina White had earlier been told to pay $600,000 to her former husband. She is now married to Richard McKinley.
He ‘stole my children’
At midafternoon Friday, Ted White, 49, now living in Utah and remarried, walked into a ballroom of the Intercontinental Hotel, his wife and young daughter at his side.
His attorneys, supporters, friends and family were waiting.
“One can never imagine what my family has had to endure throughout this whole ordeal of false allegations and wrongful imprisonment,” White told them. “They put everything on the line and I love them for that.”
His parents, who were not at the hotel, had mortgaged their farm to help him.
He then castigated the legal system, officials and his accusers.
“Shame on those who knew the truth and did not come forth.”
Two persons in the audience told White of their anger and frustration that Lee’s Summit officials would face no punishment for complicity.
White earlier had said he hoped his case led to changes in the criminal justice system and to cause law enforcement and elected officials to make sure the constitutional rights of citizens are never ignored.
“We have a right to stand up for our rights even when people try and abuse the system for their own benefit,” White said.
But he also spoke of forgiveness.
“There is no room in a person’s heart for hate or revenge, so true forgiveness was the only way for me to take back control of my life,” he said.
Even for McKinley?
He paused. He has not seen his children from the earlier marriage since his ordeal began.
“The detective stole my children — how hard is that for me to get past that?” he said, his voice breaking. “I haven’t seen them for years. They are worth more to me than $15 million.”
Then he told of praying behind bars.
“I used to pray for that man to take care of my children, and he was the one who put me in jail.”
(Town of)Lee’s Summit to pay $15.5 million to wrongly accused man
http://www.kansascity.com/2011/07/22/3031335/lees-summit-to-pay-155-million.html#ixzz1TAFPYIzD
Ted White stood Friday beneath a crystal chandelier in the ballroom of a posh Plaza hotel.
He had just received a $15.5 million court settlement. But he talked mostly about what he had lost.
“I want to tell all of my children that the door is now open to come back through to see me again,” White said, fighting back tears.
His victory cost him so much.
He is the former Lee’s Summit businessman who spent five years in prison for child sexual abuse before being exonerated when a later jury determined that the police detective who investigated the case had conspired with White’s wife to manipulate evidence to get him convicted.
The two had been carrying on an affair.
The 13-year ordeal — which saw four trials, an escape to Costa Rica, a missing diary and a late-night visit by Secret Santa — finally ended Friday with Lee’s Summit agreeing to pay White the settlement.
Two years ago, the city could have paid $5 million less. Shortly after a civil jury awarded White $16 million, his attorneys offered to settle for $10 million.
The city refused that offer, and said it would pay nothing.
In a statement released Friday, Lee’s Summit Mayor Randy Rhoads said the city needed to be sure of its legal obligations:
“These matters have now been resolved and the city is fulfilling its legal obligation and is hopeful that this settlement provides closure for Mr. White and his family.”
The statement went on to say that the $15.5 million would be paid out of reserve funds and should not affect the city’s ability to deliver services.
The settlement comes a month before Lee’s Summit was to face a federal “crime fraud” hearing on accusations that the city acted improperly.
Tainted inquiry
The case began in 1998 when White’s wife, Tina, reported to police that White had sexually abused their 12-year-old daughter.
Richard McKinley, a detective, was assigned to the case. He had met Tina White when McKinley, who ran a painting business on the side, went to the White home to look at a door that needed repair.
The Whites separated about a month later.
As part of the investigation, McKinley read the daughter’s diary. According to the later civil suit, the diary contained no mention of any abuse.
But the diary was never reported as evidence and has never been found.
Three months into the investigation, McKinley told Ken Conlee, then Lee’s Summit’s police chief, that he was involved with the suspect’s wife.
Conlee, who is now director of the Jackson County jail, left McKinley on the case.
In February 1999, White was convicted and ordered to prison. But instead of reporting, he fled to Costa Rica and assumed a new identity. Authorities tracked him down and returned him to Missouri, but not before he spent a year in a Costa Rica prison and was beaten.
Shortly after White entered a Missouri prison, a co-worker of Tina White told Ted White’s attorney about the affair between the detective and the wife.
The attorney notified prosecutors. But according to the later lawsuit, prosecutors had known about the affair for months but chose to keep it quiet.
That is when attorneys for the Midwestern Innocence Project took up the case and won a new trial.
It ended with a hung jury. A third trial was set. That’s when Secret Santa — real name Larry Stewart — got involved.
He made a surprise visit to White in jail. At 3 a.m.
Don’t worry, Stewart told him. He and Kansas City mortgage banker James Nutter Sr. would take care of legal bills.
By this time, friends and supporters had posted signs all over Lee’s Summit to free White.
White was acquitted at the third trial in 2005. He then sued McKinley, his ex-wife, Conlee and the city of Lee’s Summit.
The city didn’t want any part of the suit. In exchange for being dropped as a defendant, Lee’s Summit agreed to “indemnify” McKinley, meaning it would pay any judgment against the former detective.
Two years later, on Aug. 28, 2008, a civil jury found in White’s favor and awarded him $16 million.
But Lee’s Summit then announced it could not honor the earlier agreement because an ordinance prohibited the city from indemnifying any employee accused of violating someone’s civil rights.
City officials said they were unaware of the ordinance when they agreed to indemnify McKinley.
White’s attorneys accused the city of legal misconduct.
In April, U.S. District Judge Nanette Laughrey threatened Lee’s Summit with a crime fraud hearing and said she would take the case apart “piece by piece, molecule by molecule.”
The settlement was soon in the making. The crime fraud hearing has been canceled.
According to Brian McCallister, White’s attorney, Tina White had earlier been told to pay $600,000 to her former husband. She is now married to Richard McKinley.
He ‘stole my children’
At midafternoon Friday, Ted White, 49, now living in Utah and remarried, walked into a ballroom of the Intercontinental Hotel, his wife and young daughter at his side.
His attorneys, supporters, friends and family were waiting.
“One can never imagine what my family has had to endure throughout this whole ordeal of false allegations and wrongful imprisonment,” White told them. “They put everything on the line and I love them for that.”
His parents, who were not at the hotel, had mortgaged their farm to help him.
He then castigated the legal system, officials and his accusers.
“Shame on those who knew the truth and did not come forth.”
Two persons in the audience told White of their anger and frustration that Lee’s Summit officials would face no punishment for complicity.
White earlier had said he hoped his case led to changes in the criminal justice system and to cause law enforcement and elected officials to make sure the constitutional rights of citizens are never ignored.
“We have a right to stand up for our rights even when people try and abuse the system for their own benefit,” White said.
But he also spoke of forgiveness.
“There is no room in a person’s heart for hate or revenge, so true forgiveness was the only way for me to take back control of my life,” he said.
Even for McKinley?
He paused. He has not seen his children from the earlier marriage since his ordeal began.
“The detective stole my children — how hard is that for me to get past that?” he said, his voice breaking. “I haven’t seen them for years. They are worth more to me than $15 million.”
Then he told of praying behind bars.
“I used to pray for that man to take care of my children, and he was the one who put me in jail.”