Alderwoman acquitted of charges that she urinated during debate

ST. LOUIS -- Jurors on Tuesday cleared a St. Louis alderwoman of charges that she urinated in a trash can during a City Hall floor debate over redistricting in July 2001.

Jurors deliberated about 25 minutes before acquitting Irene Smith of a misdemeanor violation of the city code barring lewd conduct.

While saying she was pleased with the verdict, Smith said she was "somewhat saddened it had to come to this point" over what she did -- or didn't do -- behind a sheet, tablecloth and quilt supporters draped around her during the debate July 17, 2001.

"For the sake of the city, let's hope in the future that she finds a better way to express herself," City Counselor Patti Hageman said after Tuesday's verdict in the two-day trial. Hageman said the politician "shamed herself and embarrassed the city."

The incident occurred during a filibuster against a ward redistricting bill Smith opposed.

At that time, the board's presiding officer ruled that Smith would lose control of floor debate if she left to use a restroom.

"What I did behind that tablecloth is my business," Smith said then, after the board quit without voting on the redistricting issue.

If convicted, Smith -- a Democratic lawyer who has served as the St. Louis County counselor and former chief judge of the city courts -- could have faced up to 90 days in jail and $500 in fines, though jail time would be unusual for such an offense.

Before the trial, Smith called the charge "very bogus" and said she was eager to see how the city satisfied its burden of proving she did anything wrong -- when apparently no one knew specifically whether she actually urinated.

During the trial, Associate Circuit Judge Iris Ferguson barred the city from showing jurors a videotape of the incident, ruling that the city was unable to show conclusively that the tape had not been edited.

After Tuesday's verdict, juror Scott Ferranto said that while he believed Smith did urinate, the lack of supporting evidence left him voting for the acquittal. Having the chance to see the videotape, he said, may have swayed his decision.

To Hageman, the city's counselor, Ferguson's ruling on a "legal technicality does not erase the fact that Alderwoman Smith shamed herself and embarrassed the city."