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Posted on Tue, Nov. 30, 2004
Breeden

Breeden charged with threatening federal judge


Ex-serial murder suspect is in custody as indictment is unsealed just after he finishes bad-check term



The Kansas City Star

One-time serial murder suspect Gregory Breeden was charged with threatening a federal judge Monday, just one day after finishing a 10-year sentence at a Missouri prison.

Breeden, 58, was arrested Sunday as he left the Bowling Green prison, where he had been serving time for passing about $1,500 in bad checks.

Following Breeden's initial court appearance Monday in St. Louis, federal prosecutors in Kansas City unsealed a brief indictment containing the charge. The indictment was returned in secret by a grand jury Nov. 18.

At a press conference, U.S. Attorney Todd Graves brushed off suggestions that he had filed the charge just to keep Breeden incarcerated. Before Breeden's release, family members of some of the women he was suspected of killing had expressed concern about his release.

“This is a legitimate charge,” Graves said. “We think this is an appropriate place to spend our time. We take it very seriously when someone threatens a federal judge.”

Breeden could receive up to 10 years in prison if convicted. However, federal sentencing guidelines likely would mandate a much shorter sentence.

Although such charges are relatively rare, they're not unheard of, Graves noted. Last week, a man in Springfield pleaded guilty to threatening the life of a federal judge.

Just when Breeden will return to Kansas City is not clear, Graves said. Breeden waived his rights to further proceedings in St. Louis and remains in custody awaiting transport.

An initial appearance will follow. Breeden could enter a plea at that point but he must first have a lawyer appointed.

In the mid-1990s, Breeden was the prime suspect in the murders of seven women whose bodies, some mutilated, were dumped in the Missouri River between 1982 and 1994.

Breeden maintained his innocence, even after he was charged with the murder of Viola McCoy. That charge eventually was dropped after prosecutors said a witness refused to testify.

“There is no evidence against me,” Breeden said in a recent interview with The Kansas City Star. “Every piece of evidence is in my favor.”

Breeden was, however, sentenced to 10 years in prison for bad-check convictions in Clay and Platte counties.

Breeden said recently that he planned to return briefly to Kansas City before leaving for another state, which he would not identify.

Breeden also expressed doubts that officials would allow him to remain free after Nov. 28.

“They have a track record of not honoring the law,” Breeden said.

Breeden's latest charge involves U.S. Magistrate Judge William A. Knox, to whom he had once looked for an early release from prison.

On Aug. 17, according to the indictment, Breeden threatened to “incapacitate Judge Knox by restricting the blood flow to his brain.”

The threat allegedly was made in Moniteau County, location of the Tipton Correctional Center, where Breeden lived until his transfer to the Northeast Correctional Center in Bowling Green in early November.

“It was in the context of a conversation within the prison system,” Graves said.

Last summer, Knox was handling pretrial matters in a lawsuit Breeden had filed against the state, alleging that prison officials had illegally lengthened his sentence for passing bad checks.

On Aug. 4, Knox issued a report to Senior U.S. District Judge Scott O. Wright, recommending that Breeden's suit be dismissed on procedural grounds. Wright, the trial judge, threw out Breeden's suit.

Later, in his interview with The Star, Breeden expressed his frustration with both the federal judges and a state judge who had not ruled to his satisfaction.

“They have a duty, by law, to command my immediate release and give me summary judgment in those cases, and they won't do it,” Breeden said. “I'm kidnapped by the Gestapo. There's no lawful reason, or anything else, for me to be here. They just do what they want to do.”

A relative of one of the murdered women said Monday that he was thrilled to learn of Breeden's arrest.

“That is so neat!” said David Milliner Jr., brother of Melody Milliner, whose body was recovered from the river in 1986. “This is my Christmas present. It doesn't bring any closure, but at least he's not walking around free.”

Although police would not say recently whether Breeden remained a suspect in the women's deaths, they said that the cases of Milliner, McCoy, Annette Parker, Linda Dennis, Kimberly Rash, Rhonda Dennis and Beverlie Tracy remained open.

Since coming under suspicion in 1994, Breeden has spent little time outside jails and prisons. He was paroled to a Kansas City halfway house in July 2001. But within months a parole violation returned him to prison. Police announced that he had been arrested for soliciting prostitution.

The latest charge also marked the second time U.S. Attorney Todd Graves has prosecuted Breeden. As Platte County prosecuting attorney in the mid-1990s, Graves prosecuted Breeden for bad checks in one of the cases that sent him to prison for 10 years.

Graves said the earlier charge was not a factor in his decision to prosecute Breeden again.

To reach Mark Morris, call

(816) 234-4310 or send e-mail to mmorris@kcstar.com.

Breeden time line

After his arrest in November 1994, Gregory Breeden has spent little time outside jail and prison.

•  1982-1994: The bodies of seven women are dumped in the Missouri River.

• Nov. 2, 1994: Breeden arrested and later charged in Platte and Clay counties with passing bad checks. Police search his home and seize clothing that family members later identify as belonging to Melody Milliner and Rhonda Dennis.

• May 1995: Jury finds Breeden guilty of passing bad checks in Platte County. He later is sentenced to four years in prison. Breeden also pleads guilty in Clay County Circuit Court to passing bad checks and receives a concurrent 10-year sentence.

• May 10, 1996: Breeden is charged with first-degree murder in the death of one woman. The case is moved to Boone County because of publicity.

• April 1, 1999: Special prosecutor Tim Finnical asks Boone County Circuit Judge Frank Conley to dismiss the murder charge, saying a key witness refuses to cooperate.

• July 28, 2001: Breeden paroled to a Kansas City halfway house.

• May 15, 2002: Parole formally revoked after police announce that Breeden had been arrested in December for soliciting prostitution.

• Nov. 28, 2004: Breeden arrested on his release from state prison for threatening a federal judge.

• Nov. 29, 2004: Federal indictment against Breeden unsealed in Kansas City.


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