Judge to hear motion arguments for man accused of killing a Hermann police officer

Jazsmin Halliburton
FRANKLIN COUNTY, Mo. (KMIZ)
A Steelville man who is accused of killing a Hermann police officer is set to be in front of a judge for a motion hearing Tuesday afternoon, after his defense filed a motion to strike the state’s intent to seek the death penalty.
Kenneth Simpson is accused of killing Sergeant Mason Griffith and injuring officer Adam Sullentrup by shooting them on March 12, 2023, at a Casey’s in Hermann.
Simpson is charged with first-degree murder, two counts of armed-criminal action, first-degree assault, two counts of unlawful gun possession, unlawful possession of an illegal weapon, possession of a controlled substance and resisting arrest.
The state of Missouri filed a notice of intent to seek the death penalty against Simpson in September 2023. Simpson’s lawyers filed a motion to strike the state’s death penalty and disqualify the Attorney General’s office from the case earlier this month.
According to online court documents, the prosecution gave three reasons why the defense’s arguments in its opposition motion against the death penalty and the Attorney General’s Office should be denied.
In the state’s response to the motion, its first reason is that the motion is moot because Attorney General Andrew Bailey had announced his resignation to take a position as FBI co-deputy director.
The prosecution also argues that the disqualification of the entire Attorney General’s Office is not warranted because there is no conflict of interest. The state also argues that Simpson’s request to strike the death penalty motion made no mention of a Missouri law that would justify his argument.
The state argues Simpson’s request to dismiss the death penalty is not based on any misconduct by the Attorney General, but political ads made by a third party.
Simpson’s jury trial is set to begin January and a jury will be pooled from Greene County.
Simpson will be in front of Judge Craig Hellmann at 3 p.m. in the Franklin County Courthouse.