St. Louis Observer: February 12, 2023

Missouri GOP continue legislative attacks on St. Louis; waitlist for public defender found unconstitutional; aldermen approve tenants' right to counsel; the wrongful execution of Raheem Taylor

Feb 12, 2023

Editor’s Note

The time has come for the Department of Public Safety’s new interim leader to walk the talk. Today may be his first day in the new role, but Director Charles Coyle already faces legal problems caused by the City Corrections Commissioner, who has been going far above and out of her way to block public access to the City jail’s use-of-force incidents.

Use-of-force incidents - including the indiscriminate use of mace and tear gas and kneeling on a detainee’s neck - have increased in recent years, if the massive amounts of litigation are anything to be considered. The importance of these reports cannot be understated, and they should be accessible to the public and press.

But in emails sent through her official government account - indisputably included under open public records laws - Commissioner Jennifer Clemons-Abdullah tried to misuse “attorney-client privilege” as a way to block these records of police brutality from reaching the public, by merely attaching use-of-force reports to an email to city attorneys. This is not an appropriate use of a civil right (attorney-client privilege) or an open public records law.

Although hailed as an experienced candidate from the federal prison system at the time of her August 2021 appointment, Clemons-Abdullah’s tenure as a municipal corrections commissioner has been rocky at best. Reports of abuse by corrections officers against detainees have increased, staffing issues have not improved, and transparency still doesn’t exist.

Allowing public access to jail records, especially those that detail instances of extreme abuse against those who are awaiting trial, should be non-negotiable. We call on the City Department of Corrections to immediately release the use-of-force records to the public - where they belong - and to let the sun shine in.

Removed in November, a historic marker in Clayton paid respect to "white colonists" who arrived in the area in the early 1700s. — This historic marker was previously placed in front of the St. Louis County Police Department in Clayton. The marker was quietly removed in November 2022. | Photo by Geoff Ward, courtesy of St. Louis Public Radio

Police, prosecutorial, and judicial accountability

Last week, Missouri executed Leonard “Raheem” Taylor following weeks of activists’ calling for his stay and release. Taylor was wrongfully convicted by former St. Louis County prosecuting attorney Bob McCulloch. Despite new, credible evidence of his innocence, current St. Louis County prosecutor Wesley Bell inexplicably refused to file a motion to set aside the wrongful conviction, despite being the only person capable of filing that motion. [Ryan Krull/Riverfront Times]
Missouri Republicans are attempting to remove St. Louis’ control over its municipal police department, and their proposed legislation would “forever disqualify” the mayor or any other city official if they attempt to “hinder” the operations of the governor-appointed board of police commissioners. The legislation, which elected officials in St. Louis City highly oppose, would remove City voters’ and officials’ ability to hold SLMPD leadership accountable for instances of police brutality. However, the legislation would make the State of Missouri financially responsible for all SLMPD-related settlements and legal fees. [Rebecca Rivas/Missouri Independent]
The Missouri Legislature is also attempting to remove authority and jurisdiction from St. Louis City Attorney Kim Gardner, in favor of a bill that allows the (currently unelected) Attorney General to appoint a “special prosecutor,” who is not elected by the residents of St. Louis. The proposed legislation would only target St. Louis, which has been in the crosshairs of the Republican supermajority since 2021. [Sarah Kellogg/St. Louis Public Radio]
A Phelps County judge has ruled that low-income defendants facing incarceration must be assigned a public defender no later than two weeks after they qualify for representation. Judge William Hickle wrote that waiting lists for public defender representation are unconstitutional and further found that current waiting lists, which are at zero, were empty only because the state was finally providing sufficient funding to avoid further legal consequences. [Rudi Keller/Missouri Independent]
A St. Louis woman has finally been charged by Circuit Attorney Kim Gardner, after a video of the woman attacking a Princeton Heights Latino family went viral. The racial harassment and physical abuse had been reported at least three times, and both SLMPD and Gardner’s office had repeatedly failed to act to protect the family. Only after the video went viral did Gardner’s office finally act on the charges referred by SLMPD. [Ryan Krull/Riverfront Times]
The Missouri Supreme Court heard oral arguments in the wrongful conviction case of Michael Politte, who was convicted for the murder of his mother by a St. Francois County jury, even though Politte originally was charged in Washington County. The case will create new case law that will clarify the role of a prosecuting attorney under a 2021 statute, that already specifically bestows the power to challenge a wrongful conviction to the prosecuting attorney of the county where the conviction was obtained. The Missouri Attorney General seemingly has challenged this portion of the statute.[Rebecca Rivas/Missouri Independent]

Economic development and housing

The Board of Aldermen voted to advance Alderwoman Christine Ingrassia’s (Ward 6) tenants’ right to counsel bill, unanimously approving the measure, 27-0. Only Alderman Jack Coatar abstained from the vote. The bill allocates COVID relief funds to contract with local nonprofits and attorneys to provide legal counsel for any person facing eviction proceedings or wanting to initiate a “lockout” case against a landlord who is illegally evicting a tenant in the City of St. Louis. The bill has one final hearing before the Board in April. [Rachel Lippmann/St. Louis Public Radio]
Thousands of Missouri families have still not been paid food assistance benefits that were promised by the state last summer. Although Missouri received federal funding that provided a one-time payment of $391 per child, the funds have not been distributed to families. The state has failed to provide a legitimate answer, claiming that the education department is “still working” to collect eligibility data which it is already required by law to maintain. Missouri previously provided data that an estimated 454,000 schoolchildren and 158,000 preschool children would qualify for the benefits. [Clara Bates/Missouri Independent]
Fields Foods will open another location in the Pagedale area, in a vacant former Save-a-Lot grocery store. The closing of the Pagedale grocery store in 2021 effectively created a food desert and forced surrounding residents to travel miles away to find groceries and fresh produce. Fields will open its fourth location at the southwest corner of Page Boulevard and Ferguson at the end of this month. [Sylvester Brown Jr./St. Louis American]

Beyond the Paywall

To read the below articles in full, please visit SLPL.org and access these articles through the Digital Content tab. St. Louis City & County residents can read these publications free using their library cards.

“St. Louis jail chief blocking civilian oversight board, members say,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
“Messenger: St. Louis must get on the same page with nonprofits battling homelessness,” by Tony Messenger, St. Louis Post-Dispatch
“Special prosecutor for St. Louis wins initial approval in Missouri House,” by Jack Suntrup, St. Louis Post-Dispatch
“Police oversight back on. St. Louis accountability bill headed to mayor’s desk,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
“Demoted St. Louis jail official says he was forced to retract inmate assault report,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch

Thank you for reading The St. Louis Observer. This post is accessible to the public, so please feel free to share it.

Legislative Update

St. Louis City Board of Aldermen

BB 180, sponsored Ald. Ingrassia, creates a right-to-counsel for all persons facing eviction proceedings, or similar punitive actions, in the City of St. Louis. The bill was perfected on February 10.
BB 137, sponsored by Ald. Shameem Clark Hubbard (Ward 26), authorizes independent investigations of law enforcement misconduct and use-of-force incidents. This bill addresses a number of issues previously raised in litigation filed by the two police unions that opposed accountability and transparency within the police oversight system. The bill was perfected on February 7.
BB 64, sponsored by Ald. Shane Cohn (Ward 25), would establish “transparent, standardized, and beneficial policies and procedures” for considering development proposals before the Board of Aldermen. The bill was perfected on February 7.

Learn more about how a bill becomes a City ordinance.

Track these board bills and much more on St. Louis PoliticClips’ dashboard.

Quote of the Week

If there’s an error, we should always err on the side of the people.

Alderman Jesse Todd (Ward 18) on Board Bill 180, which establishes a tenant’s right to counsel in eviction proceedings. Todd acknowledged that while navigating the legal system may become more burdensome for landlords, residents should be the priority.

the st. louis observer