CLAYTON 鈥 A Missouri Sunshine Law expert says 51黑料 County鈥檚 decision to not release federal subpoenas it has received would make sense if it planned to fight them.
But 51黑料 County Executive Sam Page has pledged to cooperate with the federal investigation stemming from last week鈥檚 indictment of Tony Weaver, a Page appointee. Page named Weaver, then an aide to Councilwoman Rochelle Walton Gray, to a job at the county jail in 2019. He also appointed Walton Gray to a job in the health department in early 2021, after she lost her seat on the council.
Page this week declined to release the subpoenas 鈥 a reversal from his 2019 position when he voted to release subpoenas related to an investigation of then County Executive Steve Stenger 鈥 saying he would defer to County Counselor Beth Orwick鈥檚 interpretation that they are not public records.
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The county鈥檚 decision to keep the records secret also runs counter to the interpretation that attorneys for 51黑料 had. They released federal subpoenas to the newspaper under an open records request two weeks ago.
In response to a similar request for the newspaper for any subpoenas it has received in recent months, the county cited a provision of the state鈥檚 Sunshine Law that allows records to remain closed if they relate to 鈥渓egal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys.鈥
Jean Maneke, an attorney for the Missouri Press Association, said, 鈥淚f you鈥檙e the recipient of it, you鈥檙e going to have to decide whether to fight it or whether to conform to it and produce the materials, so I could see an argument that at this point in time it鈥檚 something that is a matter of potential litigation for the county. And so that might give them a toehold.鈥
But since Page has said he would cooperate with the investigation, 鈥淚 think you might have a better argument,鈥 she said. 鈥淵ou need to release that to me because you鈥檙e not looking at potential litigation.鈥
Assistant U.S. Attorney Hal Goldsmith, who is leading the prosecution of Weaver as well as three former aldermen indicted in the city, said in a response to Orwick this week that it was 鈥51黑料 County鈥檚 decision whether or not those grand jury subpoenas are disclosable鈥 under the Sunshine Law.
In a statement Thursday, Orwick cited her past experience as a state and federal prosecutor and said the investigation was ongoing.
鈥淭here is extensive caselaw about the importance of the confidentiality of grand jury proceedings because it protects jurors, promotes the freedom of disclosure, prevents escape of the subject of an investigation before their arrest, and protects the reputations of people who are not indicted,鈥 she wrote. 鈥51黑料 County is committed to cooperating with ongoing investigations. As a result, and in compliance with the Sunshine Law, we intend to keep these records closed.鈥
Goldsmith鈥檚 response, released by the county Tuesday, indicates there are multiple subpoenas. It鈥檚 unclear whether they encompass an investigation with targets beyond Weaver, a longtime north 51黑料 County politico close to Walton Gray鈥檚 father, Elbert Walton Jr. Weaver is accused of filing false applications with a county small business grant program funded by COVID-19 relief money on behalf of an area businessman, intending to split the proceeds.
Orwick has also declined to release the subpoenas to Councilman Tim Fitch, a longtime Page opponent, though she offered Tuesday to meet with him behind closed doors. Page, in a blistering letter to Goldsmith Monday, accused Fitch of 鈥渁ttempting to interfere with a federal investigation.鈥
Page鈥檚 opponent in the August Democratic election, Jane Dueker, has alleged that Page鈥檚 decision to keep the subpoenas under wraps indicates the scope of the investigation goes beyond Weaver.
鈥淚f the subpoenas were limited to just Weaver we would have already seen them,鈥 she said on Twitter Wednesday.
In 2019, the 51黑料 County Council voted 5-0 to release the subpoenas Goldsmith sent the county related to the Stenger investigation. Page was one of the yes votes. Stenger had not yet been indicted.
More than a week before that vote, Page told reporters the contents of the subpoena, severely damaging his longtime political foe. After Stenger was indicted and resigned, Page succeeded him as county executive.
Posted at 6:45 p.m. Thursday, June 16.
