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News (Media Awareness Project) - US MO: Court Determines Sheriff's Fate This Week
Title:US MO: Court Determines Sheriff's Fate This Week
Published On:2000-01-30
Source:Jefferson City News Tribune (MO)
Fetched On:2008-09-05 05:05:02
COURT DETERMINES SHERIFF'S FATE THIS WEEK

Attorney General's Suit Seeks Ouster of Miller County Sheriff Tom Russell

Residents of Miller County should know by the end of the week if the man
they elected sheriff will be able to finish his term.

Sheriff Tom Russell will defend himself starting Tuesday in a civil lawsuit
brought against him by Attorney General Jay Nixon. The case will be heard
in Miller County.

Nixon filed a petition in August to have Russell removed from office after
an investigation into several alleged wrong-doings in the sheriff's
department and jail. An investigation was ordered in December 1998 by two
circuit judges after complaints of violence, sexual assault and racism were
lodged by inmates of the jail.

"Sheriff Russell knowingly or willfully engaged in acts of misconduct or
malfeasance in office," Nixon said in August. "In no uncertain terms, the
acts of the sheriff are not only serious, but they also

merit his removal from office. The only way to restore public trust in the
office of the Miller County Sheriff is to remove the current office-holder."

In a response to Nixon's petition, Russell's attorney, Bruce Truesdale of
Jefferson City, threatened to stretch the case well into 2000. However, he
said earlier this week they are ready for trial. The case is scheduled to
last four days.

"We are ready for trial. We are prepared for trial. We are ready to put an
end to this," Truesdale said. "We've been confident since the beginning of
this."

The investigation conducted by the Missouri State Highway and Water
patrols, the Attorney General's Office and the FBI resulted in five former
jailers, a former deputy and a former inmate/jailer/trusty brought up on
felony charges that included trading sexual favors for privileges,
permitting escape, assault and allowing smuggling drugs and alcohol into
the jail.

Last week, the former deputy, Larry Young, received two $5,000 fines for
acceding to corrupting and failure to exercise an arrest warrant. Only two
former jailers still face charges.

The lawsuit alleges that Russell:

* Provided a jail trusty, David Birdsong, with illegal drugs and allowed
him to drive department vehicles that contained loaded and

unlocked shotguns.

* Hired Birdsong as a jailer while an arrest warrant was pending.

* Knowingly failed to execute arrest warrants.

* Permitted or encouraged inmates to assault other inmates, and possess or
use contraband in jail. The suit alleges Birdsong was found with a knife in
his cell, but was never charged.

* Allowed jailers to receive money and sexual benefits from inmates and
from visitors, in exchange for various privileges.

* Permitted inmates to leave the jail to attend the sheriff's barbecue and
consume alcohol at that event.

* Allowed inmates to move evidence, including drug evidence from the old
jail to the newly built jail, resulting in the apparent loss of "many
evidence items" including methamphetamines.

Last week, a report from the State Auditor's Office alleged several
inconsistencies with county funds, including a fund that allows inmates to
purchase items at a marked up rate, being short $3,000.

Truesdale claimed in September that Russell was the victim of a conspiracy
and a "witch hunt."

"There's not enough facts and a lot of allegations," Truesdale said.

Russell said in September that a "certain group of individuals were very
bitter after (his election as sheriff) and would not accept the election
returns.

"I believe there were very small groups that basically were looking for the
opportunity, and when all the adverse publicity hit about the Miller County
Jail, you had a forest fire."

Regardless of whether he's removed from office, Russell said he plans to
run for a second-term in office in November.
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