Columbia Tribune Looks at Felon Provision in Bail Law

The Columbia Daily Tribune featured an article today analyzing Representative Bob Behnen’s (R) role in the passage of the Lee Clause in 2004. The reporter began investigating the 2004 legislation after Representative Wes Shoemyer (D) aired a campaign commercial criticizing the legislation. Behnen and Shoemyer are both running for the Missouri Senate seat vacated by John Cauthorn (R). In particular, the campaign ad criticized the 15 year provision allowing felons to have a bail bond/general bail bond license. The language in the 2004 legislation (SB1122) was written and promoted by the Missouri Professional Bail Bond Association and sponsored by Behnen. At the time, Lee Jackson was a director of the association and heavily involved in the passage of the bill. Immediately after the law went into effect, Jackson applied for a general bail bond license. The Department of Insurance (DIFP) did not grant the license, however. They cited different reasons for the denial of the license, including Jackson’s failure to disclose his recent misdemeanor convictions, he submitted documents to courts for the purpose of acting as a surety under the name of a surety company that did not hold a certificate of authority to do business in the state, (he was writing bail under Missouri National Surety, Inc. and American Guarantee Surety, Inc., neither of which had corporate licenses) he possessed a firearm as a convicted felon, and he conspired to murder competitor Jerry Cox. Of course the last two reasons are only accusations at this time as Jackson’s conspiracy case has yet to go to trial.

During the time frame that the general bail bond license was denied, Jackson was under investigation by the ATF. The ATF allegedly has taped phone calls of Jackson orchestrating the murder plot. The US attorney alleges that Jackson wanted to murder Cox because Jackson believed that Cox had told the authorities that Jackson’s corporations were unlicensed and fraudulent.

After Jackson’s arrest, the St. Louis Post-Dispatch ran a series of articles outlining Jackson, Jack Allison, and bail association’s role in passage of SB1122. In an interview with the P-D, Behnen admitted that the 15 year provision was crafted to help an individual but denied that it was Lee Jackson he was helping. Since 2004, Behnen has annually sponsored legislation for the bail association. He has also accepted $2,950 in contributions from the association and its leaders, including Jackson. Recently, Shoemyer has also accepted contributions.

Behnen is quoted in the CDT article saying, ""How long are you going to hold somebody responsible? If it’s 15 years and they have kept their nose clean, … what does that do? All that does is make a whole bunch of people who aren’t able to be employed. And then what do we have? We’re forcing them to go back to crime." I totally disagree with Behnen's assessment that giving felons a bail bond license will deter them from returning to a life of crime. Lee Jackson demonstrates my position perfectly. Until his arrest, Jackson (who had convicted of numerous felonies) had a job writing bail bonds, but that did not deter him from allegedly plotting the most heinous crime of all, the murder another human being.

Note: Also read the Joplin City Court's position on another felon writing bail in our state.