CAMDENTON – The new judge in the Windermere Baptist Conference Center case has set the date to begin a jury trial on April 1, 2013, in Camdenton.
In his first pre-trial conference since being appointed to the case, Judge Ralph Jaynes set the case for trial for two weeks, from April 1 to April 12.
During the hearing on May 7 in the Camden County Courthouse, lawyers for the plaintiff, Missouri Baptist Convention (MBC), asked for an earlier trial date in 2012, saying this was not a complicated case to try, and that much of the work has been done before Judge Jaynes was assigned. Greg Williams, one of the lawyers for the MBC, told the judge that the Convention has filed a petition seeking a court judgment that the deed to Windermere was procured by fraud, and seeking a court order returing the land to the MBC.
Lawyers for Windermere, Jim Hill and other defendants pled for a date later in the summer of 2013, saying they needed three weeks for trial, not just two, due to the counterclaim against the Convention. They said they still needed to retain expert witnesses in the real estate appraisal field and the development field.
“This is not a toxic tort case,” Judge Jaynes said, “We deal with real estate appraisal experts in court all the time. It doesn’t seem complicated. ”
Jaynes said the April 1 date was a fair compromise that would allow the parties to complete discovery, file pre-trial motions and prepare for trial. The judge set a scheduling order, outlining various other deadlines for pre-trial matters leading up to the trial date.
Jaynes resides in Fayette. He was educated at Southwest Missouri State University and University of Missouri-Columbia. He was elected prosecuting attorney of Howard County in 1968, and was then elected judge in 1974. He served in various judicial roles until he retired in 2006. He now serves as a senior judge on occasion in Camden County cases, by special appointment.
MBC Legal Counsel Michael Whitehead said it was important to get this case set for trial in order to obtain a final resolution.
“We’re making good progress,” Whitehead said. “This step moves us closer to bringing this ministry back home to the Missouri Baptist Convention.”
The judge also discussed with the lawyers some of the logistics of the trial. Because the Windermere property is well-known in the county, a larger-than-average number of jury candidates will be necessary. A pool of more than 100 residents of Camden County will be summoned to the courthouse on the first day, and randomly assigned a number order. The judge and the lawyers will conduct “voir dire” questioning of the panel to uncover any possible bias for or against any party. Persons who know the facts or any party may be excused by the judge “for cause.” Each side may exercise three “peremptory challenges.” The first 12 remaining persons, along with one or two alternates, will be seated and sworn as the jury, probably on the second day of the trial.
The case will be tried at the Camden County Courthouse in Camdenton. The courthouse is on the southwest corner of Highway 54 and Highway 5 Business. Courtrooms are on the second floor. Court sessions are open to the public.
Q: When is the Windermere Case set for a jury trial?
A: A jury trial has been scheduled by the Camden County Circuit Court to begin on April 1, 2013. The trial is expected to last about two weeks, until April 12, 2013. The Convention has filed a petition seeking a court judgment that the Windermere deed was procured by fraud, and seeking the return of the land to MBC.
Q: Is the trial open to the public?
A. Yes, court sessions are open to members of the public. The courtrooms in Camdenton are large and can accommodate people who want to watch parts of the trial. Visitors may come and go as they please.
Q: Where will the trial be held?
A: The case will be tried at the Camden County Courthouse in Camdenton. The courthouse is on the southwest corner of Highway 54 and Highway 5 Business.. Courtrooms are on the second floor.
Q: Who will be the judge at the trial?
A: The Honorable Ralph H. Jaynes, retired senior Judge from Fayette, will preside at the trial of this case. He was born Nov. 8, 1940, and was educated at Southwest Missouri State University and University of Missouri-Columbia. He was elected prosecuting attorney of Howard County in 1968, and was then elected judge in 1974 to 2006, when he retired. He now serves as a senior judge, on occasion, in Camden County.
Q: Who will be on the jury?
A: A pool of more than 100 residents of Camden County will be summoned to the courthouse on the first day, and randomly assigned a number order. The judge and the lawyers will conduct “voir dire” questioning of the panel to uncover any possible bias for or against any party. Persons who know the facts or any party may be excused by the judge “for cause.” Each side may exercise three “peremptory challenges.” The first 12 remaining persons, along with one or two alternates, will be seated and sworn as the jury, probably on day 2 of the trial.