The Missouri Senate passed a bill out of the full chamber that would grant the state attorney general’s office the ability to prosecute murder cases in the city of St. Louis and it’s been met with a cold response from local county prosecutors including Platte County’s Eric Zahnd.
The provision was part of an amendment attached to a bill dealing with witnesses during a special session called by Missouri Gov. Mike Parson to deal with violent crime.
Missouri Sen. Tony Luetkemeyer, a Platte County Republican, supported the amendment and voted in favor of the bill and released a statement that read, “This provision is narrowly tailored to address the unique challenges facing the city of St. Louis. It does not apply to any other prosecutor. Despite having the highest per capita murder rate of any city in America, the St. Louis Circuit Attorney’s office also has one of the lowest conviction rates of any prosecutor in the country. This law is about providing more resources to ensure the families of murder victims have their day in court and get justice for their lost loved one.”
Zahnd, also a Republican, did not release any public statements about the provision but did sign on to a public statement released by the Missouri Association of Prosecuting Attorneys.
The letter states the organization is “gravely” concerned about “the miscarriage of justice” by the senate and the state’s attorney general Eric Schmitt in an attempt to take over the local control of a prosecutor’s office.
“The issues of the city of St. Louis are many and there are differing opinions on their cause but wresting control from a prosecutor recently reelected by her constituents is certainly not the solution,” the statement from the association read.
The letter went on to say that Missourians are not fond of Jefferson City politicians telling local authorities what to do. The association believes the provision sets a precedent that can be used by others.
“What happens when some statewide politician does not like the decisions made by a rural sheriff?” the statement reads. “Will the Missouri State Highway Patrol be substituted for local law enforcement?”
The association also said any conviction the attorney general’s office was successful in getting could be overturned because the provision is unconstitutional. The association said the provision violates Missouri law that requires a bill to address only a single subject. The association also said it will cost Missouri taxpayers more money.
Missouri Sen. Robert Onder, also a Republican, sponsored the provision and told the Platte County Citizen he’s not worried about setting a precedent because it’s already set. He said the attorney general already has jurisdiction in cases dealing with abortion or labor law and had the experience of working on murder cases.
“The attorney general’s office frequently works on capitol murder cases when asked to do so by the local prosecutor,” Onder said.
The St. Louis city prosecutor is Democrat Kim Gardner who has had run-ins with Missouri Republicans in the past. Gardner filed charges against former Missouri Gov. Eric Greitens and has sued the St. Louis Police association.
Gardner filed charges recently against a St. Louis couple who came out of their home and pointed weapons at protesters. Parson and President Donald Trump have stepped in and made Gardner a campaign issue in both of their reelections.
The association’s statement letter accuses those supporting the provision of playing partisan politics.
Luetkemeyer was asked by the Citizen if he has spoken with Zahnd about the provision before casting a vote. Luetkemeyer told the Citizen he had not seen the letter and that he had spoken with Zahnd in the past about the issue and that he’s voted in favor of similar provisions in the past.
Onder said the provision gives Gardner’s office 90 days to prosecute a murder case before the chief of police can ask the attorney general’s office to step in.
“Essentially (Gardner) could render the law moot by merely doing her job,” Onder said.
Luetkemeyer and Onder both pointed to news stories by the St. Louis Post-Dispatch and other outlets that show the high turnover rate of Gardner’s office and stats that show her conviction rates are low in comparison to other jurisdictions.
“I agree with the prosecutors that this is an extraordinary remedy,” Onder said. “But I also believe we are dealing with an extraordinary situation in St. Louis.”