The Missouri Supreme Court will not be hearing the case involving a long time Kirksville dentist.
Steve Barber, now 74, was originally convicted by an Adair County jury in 2011. Barber was found guilty of two counts of tampering with a witness and was sentenced to five years in prison on each count.
This was the scene after Barber was sentenced by Scotland County Judge Karl Demarce, who presided over the case.
Barber appealed the conviction to the western district court of appeals. The appeals court sided with Barber, saying that because a portion of the testimony was not recorded, the circuit clerk's office was unable to provide a complete transcript of the proceedings.
That ruling was appealed by the Missouri Attorney General's office, which asked that the case be sent to the state's highest court for its consideration. The Supreme Court then refused to accept the case.
According to a spokesman for the western district court of appeals, the case will now be sent back to Adair County. The attorney general's office told KTVO today that it will be sending the case back to the local prosecutor.
Adair County Prosecutor Matt Wilson told KTVO this afternoon, he fully intends to re-try the case against Barber, who has remained free on an appeal bond since his conviction.
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