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Cape County prosecuting attorney denies he recommended recording's destructionFriday, August 15, 2008
Cape Girardeau County Prosecuting Attorney Morley Swingle on Thursday denied he recommended Commissioner Jay Purcell destroy a secret recording of a closed county commission meeting to avoid prosecution. Swingle, responding to comments made by Purcell in an article printed Thursday in the Southeast Missourian, said that at a May 7 meeting with Purcell and lawyer Diane Howard at the Limbaugh Law Firm, the issue of recording closed meetings was not discussed. He added that he did not know that Purcell had secretly taped a closed meeting, a potential violation of the Missouri Sunshine Law, until two days after the May 7 meeting. The only issue discussed "was whether the private meeting in the car was public or not," Swingle said. "I told Jay it was not a public thing and it did not need to be released." The "private meeting in the car" was a four-hour drive when Purcell and Presiding Commissioner Gerald Jones traveled to Jefferson City. Purcell recorded the conversation with Jones. At the time of the May 7 meeting, Purcell was being asked by the Southeast Missourian to release the recording because two commissioners discussing county business constitutes a quorum under the Sunshine Law and raises questions about the legality of the discussion. Purcell said Wednesday that he, Swingle and Howard also discussed what to do about his recording of an April 17 closed meeting. Purcell is suing the commission, contending the April 17 meeting should not have been closed. On May 11, Swingle asked the Missouri attorney general's office to act as a special prosecutor to determine whether Purcell should be charged with a misdemeanor for making the secret recording. "He is clearly wanting to make political points," Swingle said of Purcell. "He clearly is totally using every opportunity to try both his civil suit against the county and his criminal investigation in the newspaper rather than in the courtroom." Purcell said Thursday he may have been mistaken about when the discussion of whether he could avoid prosecution if he destroyed the evidence took place. But he said he is not mistaken that Swingle said there would be no criminal case without the recording. "I can't say if he spoke to me about it at that meeting, but the citizens are smart enough to know what is happening," Purcell said. Purcell's remarks Wednesday came after his attorney in the lawsuit against the county, J.P. Clubb, released copies of bills the county has paid for outside legal help since Jan. 1. Clubb sought the bills in a Sunshine Law request, and the records show the county has spent $5,775 on private attorneys this year. The attorneys have provided help on the Sunshine Law, real estate law and sexual harassment law. Swingle said the Missouri State Highway Patrol is investigating Purcell's recording of closed meetings. He said Purcell faces two misdemeanor counts if it can be shown that he also recorded a closed meeting April 3, when commissioners discussed selling a 1.24-acre strip of Cape County Park North. Swingle said he has been interviewed by the investigators, while Purcell has refused to do so. Purcell said he did not record the closed meeting April 3 but now wishes he had because his recollection of the meeting and that of Jones differ on many details. Purcell has also objected to the spending on private attorneys, questioning when the commission authorized the expenses. Swingle said the commission has not formally approved the hiring of the attorneys but that he has made agreements he expects the commission to honor. "I needed legal answers quickly, and I know from my relationship with the county commission that they are not going to renege on paying," he said. rkeller@semissourian.com 335-6611, extension 126 Have a comment? Log on to semissourian.com/today
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143
The discussions are heading in the right direction considering the current circumstances. However, these are all just symptoms that come as a result of the real problem which is the structure of the county commission. Under the current structure of three commissioners, Gerald Jones will always rule as long as he stays in office and there will always be a Purcell or a Finch who will be frustrated in not being able to aptly represent those who elected them to office. Finch will gain no more ground than Purcell. Jones has already served notice on whomever takes puppet Bock's place so whomever elects his replacement will not be represented. It is astounding that Cape County taxpayers tolerate Jones' blatant acts and statements of monarch power as an "Oh well, that's just the way it is." Until the structure changes, this will be an endless supply of questionable taxpayer leadership and newspaper fodder. A dog continually chasing its tail. Peg published some good proactive information on what it would take to restructure. That would be a better path than just reaction reporting on the ineptness of the current structure.
Me'Lange, get a clue. Have you even met Finch? How could you come on here and blog against Finch if you have never even met him? Do your homework on the candidate.
Bear, I have met Finch also. Like you said, he is extremely approachable and he knows what he is doing. He is willing to serve Cape Girardeau and give this town a real leader. He has my vote.
Bear, You must have missed part of my comment..."believe in voter choice".
Eh...Everyone is forgetting WHO is endorsing Rock Finch! Mr. Swingle PERSONALLY collected signatures to get Mr. Finch's name on the ballot! (Know this for a FACT, as I signed the petition...believe in voter choice, NOT cause I supported the candidate.)
IMO...NOT a good sign!
It appears that this whole sordid mess could have been avoided if the commission had just conducted its business the way it was legally supposed to from the beginning. Shouldn't it be somebody's job on the commission to know the proper procedures? Good grief, even my 4-H club 40 years ago had a parliamentarian.
The ordacity of Mr. Purcell never ceases to amaze me. Every time I read about his whole debacle in the news paper or hear about it on TV, I experience a renewed sense of disappointment, anger and disgust with the state of local politices (at least on the level of the County Commissioners office).
Cape Girardeau county residents want and deserve better representation and expect that elected officials be trustworthy, mature and have the county's best interest at heart.
It is apparent, however, that this isn't the case with our County Commissioners office now.
I read Mr. Purcell's response in the news paper the other day and was struck by several comments he made: the statement that he was "...kind of forced into that" (secretly recording conversations) and the implication that voters/readers would "...understand why I did what I did..." if we would take the time to understand "...that was the environment".
He further stated that "I was continually ignored".
The implication was that because he was being "ignored" that the ends justified the means.
One has to question the motivation behind the secretly taping of conversations (not only of other Commissioners but other people as well).
Since Mr. Purcell was being ignored what was his motive to tape conversations...was it to remind others of what they had said or to tell others what other people had said or was he going to take things out of context and use them to his own advantage?
Did Mr. Purcell not first seek counsel before secretly taping private conversations and later leak excerpts to the press or did he not question in his own mind the "appropriateness/legality" of such actions. Did he not recognize that there were other more reasonable options?
Cape Girardeau County deserves to have better leaders. Leadership is based upon trust and the development of trusting relationships. Nothing positive can be gained by secretly taping conversations other than to divide and alienate others.
I believe that Mr. Purcell's motives were not driven so much by his belief that county business should be open to the public but rather a reaction to his not getting attention/recognition that he wanted/expected from other county commissioners...in his words he was "...continually ignored".
I think Cape County deserves better and that the voters of this county should take advantage of the General election to "right the ship" and start all over with the County Commissioners Office. It's a continued embarassment and a waste of tax payers dollars.
Darth,
because Purcell is a trouble maker!!And always has been.He is not what Cape County needs as a Commissioner!He was a poor Councilman and even worse as a Commissioner.Finch would do a much better job and handle things in a professional manner rather than being someone who is less than truthful.Sorry Darth,its time to clean house.Vote on Nov.4th for whomever you want but I will be voting for Finch.
Purcell, quite your whinning!! and lying!!
Why is everyone going after Purcell so harshly? I personally think he is doing our community a great service by standing up to the bullying and corruption of Jones, Bock, and Swingle. Those three have been ruling our county with an iron fist for years and now someone stands up to their shadyness and people get mad. Come on!!
Finch isnt a write-in candidate, he's running as an independant.
Perhaps now that many feel the same way I do about Morely,someone will step up and run against Swingel when this term expires.There are several attorneys out there that would make a much better prosecuter than
Swingle.As for Purcell,Finch will be running against
him in November.Finch isn't the best the area has to offer but he is the only one who stepped up.Anyone in my opinion could replace Purcell.He has always been a trouble maker and its obvious he won't change.I for one feel that enough is enough of this 4 ring circus!!
Can't wait till Nov.4th when we see all these boys looking for other work.Lord knows they havn't done much of that lately!!
There is a write-in candidate running against Purcell!
Rock Finch.
Recall Jones and Swingle and let's get a write-in candidate to run against Purcell.
"I can't say if he spoke to me about it at that meeting, but the citizens are smart enough to know what is happening," Purcell said.
This quote says it all. Purcell is back-tracking because he lied about Swingles's comments. No other way to spin this quote. Swingle either told him to destroy they tapes or he did not.
Is there someone actually running against Swingle?
Please folks,
lets remove these boys out of County Government!
The Commission is out of control and Swingle just
needs to move on.His credibility has been damaged
too many times.See you all at the polls in November.