KORONER’s KORNER: In Custody Deaths in Missouri

Expecting to entertain a visit from a former boss and close friend so I got behind on my writing.  He is also a retired Special Forces soldier and for the second time in his life, he has been told he has terminal cancer.  He beat the first diagnosis of terminal brain cancer and doctors said every time you see him walking down the hall, you are seeing a miracle walking.  My friend recovered from brain cancer and then, of all things, his wife was diagnosed with brain cancer.  She still has not yet reached her five-year point of recovery, but feels good enough to visit all the way from Maryland.

This time, my friend has been diagnosed with prostate cancer.  He’ll be the second friend, third counting his wife, in the last few months to visit from the East Coast.  The first one has a type of blood cancer that has also been pronounced terminal.  All my cancer-diagnosed friends are trying to live and make the most of the years they have left.  It drives me to also try to live every day like it might be my last.  As I told my friend Brent, also living with cancer, for all I know I’ve already got cancer, it just hasn’t been diagnosed yet.

I thought it was appropriate that this week, another former teammate, and retired Special Forces soldier posted, “The Best Way to Begin and End Each Day.”  It’s in the form of five prayers.  I know a lot of readers aren’t believers, but in my life, I have found that many of those who jump out of airplanes and have bullets fired at them are believers.  The five, short prayers are:  Thank You God, Guide Me God, Protect Me God, Bless Me God, and Forgive Me God.  I think lifetime Mason Jim Leonard would have appreciated those.

None of these are excuses for me not getting my articles in on time, but I am very thankful that Jim Akers, Coroner in Butler County, has provided me with his essays to use.  This article was intended to assist sheriffs, prosecuting attorneys, and county commissioners.  I thought it would be good enough for all other county citizens as well.  It was originally entitled, “Comprehensive Report on Coroner Authority and Death Investigations in Missouri Jails.”

In Missouri, the coroner plays a pivotal role in investigating deaths, particularly those occurring under unusual or suspicious circumstances, including deaths within jails.  The legal framework governing the coroner’s duties is designed to ensure thorough and impartial investigations.  This article examines the statutory responsibilities of Missouri coroners, the legal implications of obstructing a coroner’s investigation, and relevant case law to provide a comprehensive understanding of the coroner’s authority in the context of jail deaths.

Statutory Duties of Missouri Coroners  Missouri law outlines specific duties for coroners to ensure comprehensive death investigations:

• Immediate Notification and Investigation: Upon notification of a death resulting from violence, accident, or any unusual or suspicious manner, the coroner or deputy coroner is required to take charge of the body and fully investigate the essential facts concerning the medical causes of death, including determining whether the death was caused by human action and the manner of death.

• Authority as Conservator of the Peace: The coroner is designated as a conservator of the peace within their county, granting them authority to perform duties similar to those of the sheriff, particularly in conducting inquests into violent or accidental deaths.

• Assumption of Sheriff’s Duties in Cases of Conflict: If the sheriff is a party to a case or is otherwise disqualified due to interest, relationship, prejudice, or any form of disqualification, the coroner is mandated to perform the duties of the sheriff to ensure an impartial investigation.

Legal Implications of Obstructing a Coroner’s Investigation  Obstructing a coroner during the performance of their duties is a serious offense in Missouri:

Penalty for Obstruction: Any person who obstructs or attempts to obstruct an officer, agent, or employee in the performance of their duties under the law is guilty of a misdemeanor.  This statute underscores the legal obligation of individuals and law enforcement agencies to cooperate fully with the coroner’s office during death investigations.

Investigation of Deaths in Missouri Jails  When a death occurs in a Missouri jail, the following procedures are mandated to ensure a thorough and impartial investigation:

• Immediate Notification: Law enforcement officials or any person with knowledge of the death must promptly inform the coroner, providing all known facts concerning the time, place, manner, and circumstances of the death.

• Coroner’s Investigation: The coroner or deputy coroner takes charge of the body and conducts a comprehensive investigation to determine the medical causes and manner of death.  This includes collecting witness information, securing valuable property found on the body, and preserving any evidence pertinent to establishing the cause of death.

• Assumption of Investigative Authority: If the sheriff is implicated or has a potential conflict of interest in the case, the coroner assumes the investigative duties typically performed by the sheriff to maintain impartiality.

Relevant Case Law  While specific Missouri case law directly addressing the obstruction of a coroner’s duties by law enforcement in jail death investigations is limited, analogous cases from other jurisdictions provide insight:

Anderson v. City of Bloomington (1987): The court affirmed that law enforcement agencies cannot obstruct a coroner from performing their statutory duties, including accessing death scenes and conducting investigations.  This case underscores the principle that coroners must have unimpeded access to perform their roles effectively.

Conclusion  Missouri statutes clearly define the coroner’s authority and responsibilities in death investigations, emphasizing the importance of impartiality, especially in cases involving potential conflicts of interest with law enforcement.  Obstructing a coroner’s investigation is legally prohibited, ensuring coroners can perform their duties without interference.  The procedures outlined for investigating deaths are designed to uphold the integrity of the investigative process, ensuring justice is served.

Danny Leo Green,

Coroner, Cedar County