The St. Louis Observer: October 8, 2021
Municipal court reform challenged by Attorney General; protecting the name & legacy of Homer G. Phillips; state foster system investigated for losing nearly 1,000 children
Editor’s Note
The federal Eighth Circuit has been referred to as a “hell hole” for police brutality cases, with next-to-impossible barriers to overcome qualified immunity, challenging legal precedents, and a bench stacked with former prosecutors and pro-police judges. While there are no shortage of civil rights cases filed against law enforcement in Missouri, there is a shortage of the legal system achieving justice for those who are brutalized, beaten, and battered by the “boys in blue.” This week, St. Louis Assistant City Counselor Erin McGowan argued to the Missouri Court of Appeals that a favorable judgment for protester Kristine “Kris” Hendrix not only should be set aside, but Hendrix further should be ordered to pay the City of St. Louis $57,000 in legal fees for the defense of two St. Louis Metropolitan Police officers who were caught on video beating and unlawfully arresting Hendrix without ever giving her the chance to comply. McGowan made her arguments on behalf of newly-appointed Sheena Hamilton - the City’s first Black woman in the role of City Counselor - and told the Eastern District Court of Appeals that the trial court “improperly speculated that the taser cycles could have been motivated by malice or ill will.” McGowan must have missed the part about Hendrix being forced onto the ground, where video footage showed that the two male officers repeatedly tasered her at maximum capacity; in other words, malice incarnate.
But we didn’t miss that part -- and we also didn’t miss both elected and appointed leadership in the City that continues to defend police brutality at the expense of Black and brown bodies. We call upon all City officials to denounce McGowan’s arguments and the behavior of SLMPD, and to support Hendrix and every victim of police violence in St. Louis.
In the News
Unconstitutional execution of Ernest Johnson raises more concerns, underscores transparency problems within MO Dept. of Corrections
At 6:11 p.m. on Tuesday, October 5, 2021, the State of Missouri executed Ernest Johnson, a man with intellectual and developmental disabilities (“IDD”) who had 20% of his brain removed while in Dept. of Corrections custody. “Slim,” as he was called, drew national attention this week, and in his final handwritten statement, he thanked his family, friends, and legal team and he expressed remorse for his actions. [Missouri Independent/Jason Hancock]
Using an unchanged law since 1832 that allows legislators to gain access to state prisons “at any time,” two Missouri lawmakers attempted to enter the Eastern Reception and Diagnostic Center in Bonne Terre on Tuesday. The St. Louis area state representatives sought access to observe the state prison as it led up to the execution of Ernest Johnson, and both noted a lack of transparency by the Missouri Department of Corrections and direct orders from DOC Director Anne Precythe to refuse them entry. [Missouri Independent/Rudi Keller]
A recent report by the Maryland Food and Prison Abolition Project has shown how state prisons there use food as punishment for inmates, forcing them to rely upon expensive and under-stocked commissaries for meals. After two years of research, interviews, and data-gathering, the Project demonstrated shortened lifespans due to quality of prison food, the use of food as a tool for punishment, and more. [Next City/Emily Nonko]
Following the unconstitutional execution of Ernest Johnson, Missouri’s four Roman Catholic bishops are urging state leaders like Gov. Mike Parson and Attorney General Eric Schmitt to cease seeking the death penalty. The bishops called upon the State’s self-fashioning as a “pro-life state,” and asserted that the death penalty “degrades us as a society and teaches our children that violence is the proper response to violence.” [St. Louis Post-Dispatch/Jim Salter of the Associated Press]
Newfound concern for jail conditions pushes alderman to advocate for oversight board
In a transparent effort to bypass the Office of the Public Safety Director, Alderman Joe Vaccaro has introduced a bill to establish an oversight board for City jail facilities. A complete turnaround from his previous positions on the inhumane conditions inside the City Justice Center and the Medium Security Institute, also known as The Workhouse, Vacarro seeks to establish a nine-member board with subpoena power and a budget to hire outside investigators. During previous Mayor Lyda Krewson’s tenure, Vaccaro repeatedly denied conditions inside City jail facilities as reported by detainees, their families, and their legal advocates. [St. Louis Post-Dispatch/Mark Schlinkmann]
Municipal reform law back before Missouri Supreme Court
Missouri’s 2015 municipal court reform law - which capped the amount of revenue that municipalities could collect through court fines - is still under legal attack by a coalition of small St. Louis County towns, including Normandy, Cool Valley, Velda Village Hills, Bel-Ridge, Pagedale, Moline Acres, and Northwoods. The law, passed in the wake of the 2014 Ferguson Uprising, specifically addressed the named municipalities and their well-documented scheme of targeting Black, brown, and low-income residents as a way to generate funds for the town budget through court fines. [Missouri Independent/Rebecca Rivas]
Further reading
Plans by embattled millionaire developer Paul McKee to use Homer G. Phillips’ name on McKee’s privately-owned three-bed health facility have been disrupted by organized community action decrying the use of Phillips’ name. Homer G. Phillips’ Hospital was the only hospital serving North City and trained thousands of Black doctors, nurses, and medical staff prior to its closure in 1979. [St. Louis American/JoAnn Weaver]
The St. Louis City Counselor has asked the Missouri Court of Appeals to force a protester to pay attorney fees to the City for successfully suing St. Louis Metropolitan Police Department (SLMPD) in 2017. Kris Hendrix, a lawyer who was beaten and repeatedly tased by two SLMPD officers during the Stockley protests, won in her case against one officer, but the other was found not responsible. St. Louis City, through the City Counselor’s Office, argued that the appellate court not only should order Hendrix to pay $57,000 in legal fees to the City, but that the finding against the other SLMPD officer further should be set aside. [Missouri Independent/Rebecca Rivas and Sophie Hurwitz]
The State of Missouri says it has begun to make progress in the backlog of more than 7,000 rape kits as a result of two federal grants awarded by the National Sexual Assault Kit Initiative. SLMPD holds more than 473 rape kids collected before 1998 that remain untested; St. Louis University Hospital reported that their laboratory held a total of 175 untested kits. [St. Louis Public Radio/Sarah Kellogg]
Congresswoman Cori Bush announced a new initiative to partner with St. Louis-area public libraries, to place constituent services in more accessible spaces. Four libraries will serve as pilot locations and will offer walk-in assistance in navigating federal agencies, the immigration system, and other community-impacting issues. [St. Louis American/Sophie Hurwitz]
Missouri is set to receive nearly $1 billion in federal funding, following the statewide passage - and Supreme Court upholding - of the Medicaid Expansion program, which will increase coverage to individuals making less than $17,800 each year. The state has started processing applications for newly-eligible enrollees only in the last week. [St. Louis Public Radio/Jason Rosenbaum]
Leadership for the Missouri Dept. of Social Services and Children’s Division refused to take ownership of the findings of a recent report, which determined that 978 children went missing from the Missouri foster care system in 2019. Evidence showed that DSS repeatedly failed to report missing children to the authorities, and at least one child was trafficked across several states while missing. There are currently 95 children missing from state custody at this time. [Missouri Independent/Tessa Weinberg; St. Louis Public Radio/Peggy Lowe for KCUR]
Legislative & Legal Update
City of St. Louis
BB 112, introduced by Ald. Christine Ingrassia (Ward 6), would award Deli Star Corporation a 10-year tax abatement in exchange for an average wage of more than $65,000 for its 325 employees and an MOU with St. Louis Public Schools to provide employment opportunities for students & recent graduates as a condition of the tax incentives. The bill was assigned to the HUDZ Committee.
BB 19, introduced by Ald. Joe Vaccaro (Ward 23), would establish a Detention Facility Oversight Board to serve as an advisory board to the Mayor and the Board of Alderman. The bill remains in Public Safety Committee.
BB 101, introduced by Ald. Vollmer (Ward 10) and President Reed, would allow the Board of Aldermen to redraw their own ward boundary lines in consideration of voter-approved ward reduction and recent census numbers. The bill remains in the Legislative Committee.
BB 61, introduced by Ald. Olderburg (Ward 16), would criminalize the act of checking car door handles in the City of St. Louis, with a fine of $500 and potential incarceration of up to 90 days. This bill was passed 20-7-2 and was sent to the Mayor’s Office on October 1.
State of Missouri
The Missouri State Legislature is on recess until January 2022.
Take Action
As mentioned in the Editor’s Note, the City of St. Louis, through the City Counselor’s Office, is seeking a court order to force a protester to pay for the legal fees of the police officers who brutally beat and tased her in 2017.
The City Counselor’s Office, which is funded by City residents and workers, can be reached at 314-622-3361.
A sample script has been provided by Second Chance Freedom Foundation:
“On Tuesday, October 5th, the city of St. Louis sought an appeal to extort over $50,000 from a working class mom who successfully sued the city of St. Louis for violating her civil rights and literally torturing her. We/I demand that the Mayor and city attorney drop this frivolous and oppressive [motion] as well as introduce a policy within the administration promising not to use this bullying tactic to prevent citizens from seeking justice.”