UPDATED:Gibbons tags Koster with KC crime-sentence flap
State Sen. Michael Gibbons, R-Kirkwood and the GOP nominee for Missouri attorney general, today attempted to link his Democratic rival, state Sen. Chris Koster, to a controversy in Kansas City over sentencing in a child-sodomy case.
At issue, according to a story in the Kansas City Star, are prosecutors’ criticisms of the Missouri Sentencing Advisory Commission.
Gibbons noted that he’d appointed Koster, a former prosecutor, to sit on the commission in 2006.
“The Commission and Chris Koster failed Missourians,” Gibbons said in a statement. “As a former prosecutor, I expected better in Koster’s service on this commission than this, and the people deserve better.”
Missouri Sentencing Advisory Commission and former member Chris Koster of allowing violent criminals to be set free to prey on innocent Missourians. The article not only outlines the failure of the Commission but also notes the concerns of Democratic and Republican prosecutors also frustrated by the fact that violent offenders are receiving minimum sentences or even probation rather than being locked up where they belong.
Gibbons is shocked and disappointed by Koster’s role of supporting lenient sentence recommendations for violent criminals. Gibbons said he appointed Koster to the commission in March of 2006 because Koster had been a prosecutor.
“The Commission and Chris Koster failed Missourians,” Gibbons said. “As a former prosecutor, I expected better in Koster’s service on this commission than this, and the people deserve better.”
Gibbons’ campaign asserted that “examples of lenient sentencing recommendations include a Platte County case where the Sentencing Advisory Commission recommended the minimum 10-year sentence for a child molester, but thankfully Matthew D. Upchurch, 20, was sentenced to 40 years in prison after being found guilty of two counts of first degree statutory sodomy of a 3-year-old boy and a 4-year-old girl following a June 2008 trial.”
“I am outraged that violent criminals are NOT doing the time for their crimes, putting innocent Missourians in harm’s way,” Gibbons said. “I pledge that as Attorney General, I will advocate to change these guidelines to protect Missourians from these violent criminals making sure they do serious time for serious crimes. I will never put the goal of reducing our prison population before the safety of Missourians.”
Expect to see Gibbons’ accusation against Koster to show up in a TV ad real soon.
UPDATE
Here’s Koster’s reply:
“Today’s attacks from Michael Gibbons are all too familiar to hardworking Missourians who see the same old tired political attacks each election season. As a prosecutor, Chris Koster spent ten years putting away violent criminals and sexual predators while Michael Gibbons was voting in Jefferson City to let them out.”
Koster spokesman Danny Kanner then added, “Here are the facts:
Michael Gibbons voted to relax sentencing standards, which resulted in 1,400 new criminals on the streets each year. [Senate Bill 5, 2003]“
Maybe we’ll see dueling ads shortly.


Jo, you and the Koster campaign both failed to point out that SB5 (2003) was sponsored by State Sen. Harold Caskey. Hmmm, wasn’t that the Democrat Koster replaced as a state senator. I do believe so.
The Koster campaign also isn’t saying that EVERY state senator voted for the legislation (see Senate Journal Day 75, 2003).
This is a clear manipulation of facts by the Koster campaign. The change Kanner refers to was the removal of a silly requirement in the legislation and ultimately gave probationary boards and prison rehabilitation teams more control over the programs established for individual offenders. Kanner’s not telling people that this was also the bill that made assault of a law enforcement officer a dangerous felony.
Is the Koster campaign really this desperate?
Is Gibbons serious, Koster sat on a Commision two years ago and Gibbon is throwing stones now. How many people sat on this Commission? What was Koster’s role? Did Koster do anything wrong or is Gibbons just place all the blame on Koster?
If this was anything more then a political stunt and Mr. Gibbons was really “shocked and disappointed” wouldn’t have done something about it during the past two years??
Seems like a political stunt 3 weeks ahead of an election which will take time and attention to disprove. Typical Republican tactics. Raise $1.1 million from a Washington DC Political Action Committee and use the money to run attack ads which are not true.
Mike, why did you not do anything during the past two years about this?
From an aticle on Prime Buzz.
“Koster was one of 11 members on the commission which also included a state representative, a county prosecutor, a circuit judge, a Supreme Court judge and the director of the Department of Corrections.
Just how much influence Koster had over the drafting of the guidelines is unclear. The guidelines are derived from the sentencing practices of judges statewide and commission records indicate the sentencing guidelines criticized by prosecutors were in place prior to Koster’s appointment to the board.
The commission’s 2005 report describes a successful pilot program using the guidelines and projects their statewide implementation by November of that year.
Gibbons said he was unaware of any issues with the guidelines until reading the paper on Sunday.”
I love the last line, even though he appointed Koster and two year later is “shocked and disappointed”, he had no idea that there was a problem until he read the paper on Sunday. Do you think he researches the problem or quickly puts out an attack add? My bet is he puts out the ad.
Nice try Gibby but I am still voting for Koster.
Does anyone really care what a Commission does? ZZZZZZZZZZZ. If anyone wants to know about tough sentencing, look at Koster’s work with the John Robinson serial murder case. There’s your proof, actual criminal prosecuting experiece. Gibbons is a bureucratic paper pusher.
Gibbons kept the Missouri Senate from voting on an outright ban of abortions in Missouri during the “Special Session on abortion” called by Gov. Matt Blunt. Gibbons ruled the issue “not germane.”
scott-
Let’s get the facts clear on the Robinson case: Koster negotiated a plea deal with that murdering scum. The Prosecutor in Kansas (Paul Morrison) successfully prosecuted Robinson in a jury trial and pleaded with Koster to seek the death penalty in MO. KOSTER REFUSED! He sought to bargain with, and ended up agreeing to a deal with a sick, twisted serial killer. Those are the facts, Koster’s campaign distorts the truth and uses this case as a shameless ploy. Why don’t you ask the families of the victims how they feel about Koster’s prosecution and if they like that he uses it in his campaign for high office?
Somehow because the commission didn’t set tough enough sentencing recommendations, it all comes back to Koster?
Or is that just Gibbons’ take on the whole thing?
Are the recommendations only decided by unanimous vote?
Does Koster as one of nearly a dozen members (I think I saw that somewhere) of the commission hold the power to make the ultimate decision?
Was he present at the meeting where the Upchurch case was decided?
If so, how did he vote?
These are honest questions that I’d like answered.
If Mike Gibbons wants to convince me that he’s telling the whole story, he’ll have to provide me with those answers.