Cape County Prosecuting Attorney denies commissioner's claims of advice to destroy recording

Cape Girardeau County Prosecuting Attorney Morley Swingle on Thursday denied he recommended that Commissioner Jay Purcell destroy a secret recording of a 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 session being talked about 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 and at the time of the May 7 meeting 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 if 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."

For updates, check back at semissourian.com or read Friday's Southeast Missourian.