Former Jackson County prosecutor faces disciplinary panel

The exoneration of a Kansas City man last year for a 1996 double murder has led to rare charges of prosecutorial misconduct against the former Jackson County prosecutor who handled his case. 

On Oct. 2, a disciplinary hearing panel heard, via Webex, the beginning of the Office of Chief Disciplinary Counsel’s case against Amy A. McGowan, who prosecuted Ricky Kidd. 

Kidd was released from prison in 2019 after serving 23 years. He was convicted, along with Marcus Merrill, for the 1996 double murder of George Bryant and Oscar Bridges in Kansas City. 

Kidd had an alibi, and no physical evidence linked him to the crime, but a jury convicted him on the basis of witness identifications. He was sentenced to life in prison without the possibility of parole for each murder. 

Merrill since has testified in federal court that Kidd did not take part in the crime and that the other perpetrators were two men related to Kidd. Those men were never charged. 

In August 2019, a DeKalb County judge found clear and convincing evidence that Kidd was innocent. The Jackson County Prosecutor’s Office formally dismissed charges against him the following month. 

McGowan most recently served as chief assistant district attorney in Douglas County, Kansas. She retired in November 2019 following protests of her handling of Kidd’s case.

In June 2020, OCDC filed an information alleging that McGowan violated ethics rules by failing to disclose to Kidd’s counsel information or evidence that would have aided in Kidd’s defense. OCDC also alleged that she engaged in conduct that was prejudicial to the administration of justice. 

In opening statements, OCDC Staff Counsel Sharon K. Weedin said McGowan in three instances failed to timely disclose information to Kidd’s attorney, Teresa Anderson, regarding Kidd’s two relatives who were not charged. 

Weedin alleged that McGowan knew Anderson wanted to subpoena the two men but didn’t know their location to serve subpoenas. Weedin also alleged that McGowan failed to disclose that one of the men had been in Kansas City prior to the trial to allegedly threaten witnesses and that he was under police surveillance. 

Because of that intimidation, the state relocated its primary witness to a hotel for his safety — a fact that also was not disclosed to Anderson, Weedin said. Had Anderson known that, she could have used the information to undercut the credibility of the witness, Weedin said. 

Weedin also alleged that McGowan did not disclose to Anderson that McGowan and Merrill’s attorney deposed the two men prior to trial. 

“Mrs. Anderson was not told they were in town, much less [that they were] deposed,” she said. 

John E. Turner of Turner & Sweeny represented McGowan. He denied that McGowan violated ethics rules in prosecuting the case.  

After being shown trial records that refreshed her memory, Anderson has since admitted she was aware before trial that the main witness was relocated, and also that she filed a motion to prevent the jury from hearing about it, Turner said. 

In response to the allegations involving the two men, Turner said their location was known to all of the parties. He said Kidd was close to the two men, even living with them at one point, and their addresses were in police records.

Turner denied that Anderson told McGowan she needed help to find the two men. 

“To whatever extent [they’re] suggesting Amy McGowan tried to hide or prevent discovery, that’s not true, and the record bears that out,” he said. 

The hearing was not completed on Oct. 2. A date to resume it has not been set. 

The case is In re: McGowan, DHP-20-011.