New public defender assigned to Joos case

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by Jim Burrows
Daily News staff writer
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PINEVILLE -- Robert Neil Joos Jr., the self proclaimed Nazarite pastor of the Sacerdotal Order of the David Church near Cyclone, has had a second public defender assigned to counsel him after he requested his first public defender be removed from the case.

Joos was to be tried to a jury last month for two Class D felonies of unlawful use of a weapon and resisting arrest, convictions of which could net him a five-year prison sentence. He was also to be tried on charges of possession of illegal weapons and explosives but those charges have been dismissed.

Since he was first charged in McDonald County Circuit Court for simulating legal process he has represented himself without the assistance of legal counsel. Joos was convicted by a jury and was assessed a sentence of six months in jail and a $400 fine. He appealed the case and in 1986 the Missouri Court of Appeals, Southern District, found his appeal without merit, upheld the conviction and issued a warrant for his arrest.

Joos, 43, remained a fugitive for seven years until he was arrested on a county road outside the church property June 29, 1994. The state alleges he assaulted the late Cpl. Bobbie Harper during that arrest, as well as charging Joos with having a revolver hidden in his van.

The case lumbered on while Joos filed numerous notices and demands upon the court, primarily saying the court had no jurisdiction over him.

The day before the trial, Aug. 26, St. Louis Circuit Judge Kenneth Romines, who was assigned to preside at trial, offered Joos a sentence of time served if he would enter an Alford plea. Under the precedent of North Carolina v. Alford a defendant does not admit responsibility but believes he would be convicted by a jury based on the state's evidence. In Missouri the Alford plea has the same effect as a guilty plea.

Joos refused, saying he did not want to have a felony record.

And after Judge Romines suggested Joos had little chance of winning his case without the assistance of an attorney, Joos asked the judge to find him a lawyer.

Wade Schuster, an assistant public defender from Joplin, was assigned Joos' defense and filed a motion for discovery Sept. 9. [On] September 12 Joos filed another notice and demand, asking for Schuster's removal because he was incompetent, according to Joos.

"Although I have been tortured into accepting an attorney, all other legal resources having been denied me, I will not accept anyone I know to be a shyster/incompetent, and hereby demand Schuster's removal," Joos wrote in his "Notice and Demand: Removal of Attorney."

Joos listed seven reasons for removal of Schuster. They included that Schuster's appointment was in violation of the judge's direction that an attorney from outside of the 40th Judicial Circuit be appointed to represent him.

Joos said, "Schuster told me on 2 Sept. 96 that he could not get anything but a plea bargain, i.e.: he can't win the 'case' and suggested I plead guilty to a felony."

Joos claims Schuster and District Public Defender Larry "Maples have been, and are, engaged in aiding and abetting the prosecutors and judges in this county in violating inmate rights and covering up judicial corruption.

Schuster has already told me he cannot do much about my 'case' until November, if then, which indicates his collusion with the prosecutors and sheriff in their attempt to physically, mentally and emotionally torture me into a guilty plea."

Anne Lasswell entered her appearance on behalf of Joos Wednesday. She is a special district defender from Springfield who handles cases in the 40th Judicial Circuit when the other public defenders have conflicts with their clients.

Friday, September 27, 1996
Page 1, Neosho Daily News .


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