Pubdate: Sun, 30 Jan 2000 Source: Jefferson City News Tribune (MO) Copyright: Jefferson City News Tribune Contact: 210 Monroe St, Jefferson City MO 65101 Website: http://www.newstribune.com/ Author: Brian Taylor Bookmark: MAP's link to Missouri articles is: http://www.mapinc.org/states/mo 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. - --- MAP posted-by: Eric Ernst