USA v. Waller et al

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 25-03165-04/05-CR-S-BP
)
BRADLEY RAY HALE and 	)
MONICA LEIGH KESLING, 	)
)
Defendants. 	)
ORDER
Before the Court is a Motion to Permit Joint Representation filed by attorneys Joseph
Passanise, James Hayes, and Thomas Carver on behalf of defendant Monica Leigh Kesling (5).
(Doc. 105.) Ms. Kesling asks the Court to permit joint representation of herself and co-defendant
Bradley Ray Hale (4) by Mr. Passanise, Mr. Hayes, and Mr. Carver. 	Mr. Hale is currently
represented by appointed counsel Stuart Huffman.
Joint representation occurs when two or more defendants have been charged jointly and
the defendants are represented by the same counsel. Fed. R. Crim. P. 44(c). 	Under such
circumstances, the court must
promptly inquire about the propriety of joint representation and must personally
advise each defendant of the right to the effective assistance of counsel, including
separate representation. Unless there is good cause to believe that no conflict of
interest is likely to arise, the court must take appropriate measures to protect each
defendant’s right to counsel.
Fed. R. Crim. P. 44(c).
In accordance with Rule 44(c), separate hearings for each defendant were conducted. First,
on January 7, 2026, Mr. Hale appeared before the undersigned with his attorney, Mr. Huffman,
and stated that he agreed with the Motion and wants to be jointly represented with Ms. Kesling by
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Mr. Passanise, Mr. Hayes, and Mr. Carver. 	The undersigned advised Mr. Hale of his right to
effective assistance of counsel, including separate counsel, questioned him about his waiver of
said right, advised him of the potential danger of joint representation, and allowed him to ask
questions about the joint representation.
Then, on January 8, 2026, Ms. Kesling appeared before the undersigned with her attorney,
Mr. Carver, and stated that she wants to be jointly represented with Mr. Hale by Mr. Passanise,
Mr. Hayes, and Mr. Carver. 	The undersigned advised Ms. Kesling of her right to effective
assistance of counsel, including separate counsel, questioned her about her waiver of said right,
advised her of the potential danger of joint representation, and allowed her to ask questions about
the joint representation.
Upon review, the undersigned finds that Mr. Hale and Ms. Kesling have both knowingly,
voluntarily, and intelligently waived their right to effective assistance of counsel, including
separate representation. 	Also, there is no indication at present that an actual conflict of interest
exists. Therefore, the Motion to Permit Joint Representation is GRANTED. Upon the entry of
Mr. Passanise, Mr. Hayes, and/or Mr. Carver as counsel for Mr. Hale, Mr. Huffman should then
move to withdraw as counsel.
IT IS SO ORDERED.
/s/ David P. Rush
DAVID P. RUSH
UNITED STATES MAGISTRATE JUDGE
DATE: January xx, 2026
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