Pending Accusations

02 December 2012 Robert Curran McClain alleged Dean Scott Hodge "Intentionally" ran over McClain. Resulting in Republican Jack Banas filing charges of Assault and DUI against Hodge. The Patch.com quoted Saint Charles Police as saying Hodge left the scene of the accident and refused to participate in a field sobriety test.
WRONG!
The actual police report contradicts Patch.com and FoxNews/KTVI on both points; neither honored requests for corrections.

Subsequent investigations revealed

  1. McClain was personally "Attacked" by four other motor vehicles between 1995 and 2013;
  2. Other motorists testified to the County Prosecutor that each ran over McClain under the same circumstances;
  3. St. Louis Metropolitan PD provided multiple reports which alleged MClain was a victim of vehicular violence; and
  4. McClain's received undisclosed compensation from Hodge's insurance because it was an accident

SOME of the "Irregularities" in this Case

The St. Charles County Prosecutor keeps changing the story and the charges.  The day the accident occurred the accusations included Assault and DUI, the next day the Prosecutor alleged to the Judge that Hodge killed (!) an EMS worker. Months later the allegation became Hodge injured an EMS worker. The new Republican Prosecutor, Tim Lohmar, settled on "Domestic Violence" and dropped the DUI allegation without explanation. 

Assistant Prosecuting Attorney Gwendolyn A. Goeke scheduled several Hearings then "Forgot" to appear, "Forgot" to Subpoena witnesses and "Forgot" to provide evidence, usually on multiple occasions. Hodge himself and through three separate attorneys repeatedly request full diclosure of all evidence yet Goeke apparently withheld some evidence for more than a year but provided a few pictures after more than a year.

Does someone in County Government have it in for Hodge personally or this is how the Prosecutor coerces so many Plea Bargains?

97% of all criminal cases brought in the United States end in Plea Bargains according to John Blume and Rebecca Helm in their paper The Unexonerated: Factually Innocent Defendants Who Plead Guilty published in the Cornell Law Review in 2014. This led Hodge to submit a Missouri Sunshine request to learn whether this was true for St. Charles County;  he was shocked when the Prosecutor's Office responsed that Hodge had to pay the County about $120,000 to learn the outcomes of criminal charges brought in the County for 2010-2013. The St. Charles County Prosecutor's Office has a budget of about $4,400,000 annually, yet remains completely ignorant of the results of all the criminal charges it files annually...how many non-government employees work in a place that fails to track results?  Is it time for the Legislature to require Prosecutors to make this information widely available to everyone? 

Assistant Prosecuting Attorney Gwendolyn A. Goeke arranged for all the State's witnesses to sit together and listen to each other's stories during the Preliminary Hearing last year which may explain why their stories are nearly identical: transcripts of the Hearing show that the witnesses used the same words and phrases to describe events...even the man who was black out drunk. Evidence Goeke provided shows the alleged "Victim" had a blood alcohol level in excess of 0.24 (3x the legal limit) at the time of the accident!

Hodge complained from the beginning that McClain attacked, stalked and assaulted him. McClain admitted as much under Oath two times. Rather than file charges against McClain A.P.A. Goeke threatened Hodge with additional criminal accusations after Hodge filed a Motion asking the Court to allow Hodge to proceed with civil and criminal complaints against McClain. Judge Daniel Pelikan refused Hodge's request for the evidence the State relied on when it alleged Hodge killed and injured EMS workers. 

The Crazier (Partisan?) Stuff

Hodge filed his candidacy for the House of Representatives in the 103rd district on 21 March 2014 according to the Missouri Secretary of State in which three Republicans were the only candidates. Right afterward the Republican Prosecutor suddenly charged Hodge with new cromes including Burglary, Thieving, Stealing, and Violating an Order of Protection!

A concerned citizen may wonder why Goeke waited 458 days (!) to file charges. A reasonable person may also wonder whether this prosecution is a partisan effort to keep Hodge off the ballot. If Hodge really was a genuine threat to the safety of St. Charles why wait more than a year to charge him? Almost five months hage passed since the new allegations were made but Goeke continues to withhold evidence or to explain that "A computer problem" prevents her from doing her job. A reasonable person may wonder why she forgot to check the ebidence prior to filing new charges against Hodge. 

Hodge discovered evidence that Judge Daniel Pelikan repeatedly filed erroneous campaign finance reports with the Missouri Ethics Commission (MEC); Hodge filed an official complaint with MEC along with supporting documentation.  So far there has been no official comment on the matter.

A.P.A. Goeke requested Judge Pelikan deny Hodge's 1st Amendment rights but the Judge refused. He cautioned Hodge against publishing anything on social media. The same day Hodge received an offer of friendship from none other than Jeffrey Goeke; research revealed he is the husband of Gwendolyn A. Goeke.  Is this an ethical violation? Hodge has proof of the request along with tracking information should anyone want to investigate this apparent attempt at circumventing Hodge's right to due process and right to representation...

 

Goeke finally "Found" the police report Hodge filed with Saint Charles Police regarding the dog he believes McClain stole...once again the police ignored Hodge. Hodge's shih tzu has been missing for a year and half ago. She was his pet for fifteen years; should Hodge have the same rights as anyone else to have police investigate property crimes committed against him? Is the State protecting a witness in order to pressure another innocent man into a plea bargain?

 

Final observations:

  1. Under Oath McClain admitted to stalking Hodge but Lohmar declined to file charges against McClain; 
  2. Under Oath McClain testified to assaulting Hodge yet Lohmar refrained from filing charges against McClain; and
  3. Under Oath McClain confessed to harassing Hodge still Lohmar refused to file charges against McClain.

Hodge is a veteran. Should a man who gave ~10 years of his life to defend our Constitution have the same Civil Rights as the man accusing him? Should Hodge receive less equality because his accuser is a known alcoholic, drug addict and repeatedly lied under Oath? Should Hodge be held to a higher standard of punishment because his accuser's father and uncle are supposedly "Rich" and "Influential" business men in St. Charles County? Another rumor says that Robert Curran McClain is really a confidential informant to the St. Louis Joint Drug Task Force; could it be they are protecting their own?

If any of the foregoing bothers you, please give Republican Prosecutor Tim Lohmar a call at 636.949.7355. Refer to case numbers 1211-CR06218 (domestic violence) and 1411-CR02662 (burglary). Oh, please ask when they will 'get around to' filing charges against Robert Curran McClain, for stealing Hodge's dog, thanks.

Follow the progress of both cases by visiting Missouri CaseNet then entering the appropriate case number.

These opinions and observations of Dean Scott Hodge (a.k.a. Draig Hodge) are offered as an antidote to the "Journalism" of The Patch.com and FoxNews/KTVI.  Hodge has supporting evidence in hand; please contact us to arrange your review of relevant, official documents.

 

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published this page in About 2014-05-26 19:53:59 -0500
published this page in About 2014-05-17 20:23:54 -0500
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