Devalkenaere’s attorneys filed the appeal in November 2022. Now Lamb’s family is raising questions about the delay.
Missouri Attorney General Andrew Bailey, who represents the prosecution in the appeal, has failed to file a brief in the case.
“The attorney general in this case should be fighting to uphold the conviction that the prosecutors went and earned with the conclusion of the circuit court judge,” family attorney David Smith said.
Right now, Smith and Lamb’s family are waiting for the Republican attorney general to do just that.
For the sixth time, Bailey asked for an extension to file a brief in response to Devalkenaere’s appeal.
“The attorney general is supposed to be trying to fight to uphold that conviction — not get 5, 6 continuances,” Smith said.
Smith claims the attorney general has a conflict of interest. He said the AG’s office regularly defends the Kansas City Police Department and its officers, and the office also oversees the state’s legal expense fund.
“Mr. Bailey, file your brief or appoint a special assistant attorney general to file the brief because of your conflict of interest,” Smith said.
FOX4 reached out to the Missouri Attorney General’s Office six times and didn’t get a response.
The Jackson County Prosecutor’s Office said it cannot comment out of respect for the judicial process.
The AG has until June 26 to file his brief. If he doesn’t, Smith said the appeals court will be hearing argument from only one side: Devalkenaere’s.