ST. LOUIS – Embattled St. Louis Sheriff Alfred Montgomery will remain in office for now, a judge ruled Friday, just one day after he was indicted on five new federal charges and ordered to house arrest.
St. Louis Circuit Judge Steven Ohmer denied a motion filed Thursday from the Missouri Attorney General that called for Montgomery’s “immediate removal” from office. The motion had asked the court to reconsider an earlier preliminary order in the state’s ongoing quo warranto case.
The Attorney General’s short-lived push to oust Montgomery prompted a fiery response from Ohmer, who said he would not remove the sheriff from office until he has reviewed all the evidence at trial. “We need to have a trial and actual evidence,” he said.
Ohmer mentioned being asked two previous times to remove the Sheriff from office and said from the bench Friday, “My answer is still No. For the third time, No.” He said he is “not going to rule on argument, inuendo, news reports or hearsay.”
The Missouri Attorney General’s Office initially called on Montgomery to resign in June following allegations of corruption, financial mismanagement, and workplace instability. Montgomery refused to step down, prompting then-Attorney General Andrew Bailey to formally file the quo warranto petition.
Current Missouri AG Catherine Hanaway, who took over in September, has continued the legal challenge and said she intends to hold Montgomery “accountable.”
“A sheriff who is charged with retaliating against witnesses and confined to his home cannot possibly lead a functioning law-enforcement agency,” said Hanaway via a news release on Friday. “The law demands accountability, and the people of St. Louis deserve leadership worthy of their trust. Our Office has asked the Court to remove Sheriff Montgomery to protect the integrity of law enforcement and restore public confidence.”
Under Missouri law, a writ of quo warranto authorizes the Attorney General to remove an official from public office, but a court must issue a judgment confirming the legal standard for removal has been met.
Ohmer said he has stated from the beginning that he wanted the trial to happen as soon as possible because of the tremendous public interest.
A status conference is scheduled for Oct. 29 in which we will hear motions in the case that is currently set for a bench trial Nov. 18.
Along with the quo warranto petition, Montgomery is also facing federal indictments for four counts of witness retaliation, one count of witness tampering, one count of deprivation of rights under color of law. He has pleaded guilty to all charges.
Montgomery is also at odds with St. Louis leaders over a new ordinance can force the sheriff’s office to transport jail inmates.
Montgomery will remain on house arrest under federal monitoring until further notice.
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