Welch will stay in prison, for now

Larry Welch will stay in prison, for now.

The Missouri Supreme Court on Monday issued an order to keep Welch in prison until at least Jan. 23.

The high court's order effectively blocked a state appeals court ruling earlier this month in favor of Welch's early release from prison.

Welch, now 62, pleaded guilty on July 29, 2008, to two counts of involuntary manslaughter and two counts of second-degree assault, following a Nov. 4, 2007, alcohol-related crash near Russellville that killed Jean Olsen, 45, and her son, Tobias, 17, and seriously injured Johanna Olsen (now Johanna Henry), then 14, and Eric Olsen, 41, father of the two teens and Jean's husband.

A week later, Circuit Judge Richard Callahan sentenced Welch to two 15-year concurrent terms for the involuntary manslaughter convictions, and two five-year concurrent sentences for the second-degree assault.

But last month, Circuit Judge Dan Green ordered Welch to be released for time served - just more than seven years, including the time he spent in the Cole County Jail waiting for his trial - even though Cole County Prosecutor Mark Richardson had argued Welch should serve his entire sentences, as Callahan imposed them.

After Richardson appealed, the Kansas City-based Western District of the state's appeals court issued an order allowing Welch's release, by 5 p.m. Tuesday.

But Richardson appealed that order to the Supreme Court, which on Monday ordered Green to stay his Dec. 19 order to release Welch and take no further action in the case until further orders from the high court.

The seven-judge Supreme Court also ordered Green to file a written answer to its order keeping Welch in prison, on or before Jan. 23, explaining any reasons Green has why the high court's ruling should not become permanent.

After that, the court said, the parties will be given a chance to submit briefs on the issues.

The court said "Motions for extension of time to file the return or (the) briefs will not be viewed with favor," but the high court did not say whether it will schedule oral arguments in the case.

James D. "Doug" Barding, Welch's current defense attorney, said the reasons for pressing for the sentence-reduction were health concerns, and because the original trial court misled Welch to think he would not have to serve the full sentences after pleading guilty.

Barding also said there were several other factors, such as the suffering of Welch's family and friends, who testified in August in support of the early release.