Cape Girardeau officials question 'confidence' in city’s prosecuting attorney over criminal defense cases

Cape Girardeau’s top law official has questioned private practice actions taken by the city’s municipal prosecuting attorney, contending a conflict of interest.

Chief of police Wes Blair pointed out in an April 17 email to city administration and officials a loss of “confidence” in Scott Horman.

This unease comes after Blair stated Horman, as a privately retained defense attorney, filed a motion to reduce a bond for Joseph Salmon, a Sikeston man arrested by Cape Girardeau police officers for alleged felony drug violations. In the filed motion to reduce Salmon’s bond, the document stated “the defendant is not a danger to any specific victim or society” and also “resides locally in Scott City and is not a flight risk.”

Blair termed the action “unbelievable”.

“The bigger question is how do I face the public and tell them we are doing everything possible to make this community safer when our prosecutor is actively working against us to make the community MORE dangerous just to earn a buck?,” Blair stated in the email.

Horman was able to get Salmon’s bond lowered to $20,000 from $30,000. He also filed for a continuance due to counsel for the defendant being “unavailable on that date and time due to acting as the prosecuting attorney for the Municipality of Cape Girardeau, which holds court each and every Tuesday.”

Horman filed a motion to withdraw from Salmon’s case April 18, and the court accepted the motion the next day.

Blair stated in an email to the Southeast Missourian his intention was to make officials aware this affects police.

“My intentions were to make those who have authority over the courts aware of an issue and provide context for how I perceive it impacts my side of the house and the greater community at large,” he said.

Cape Girardeau County Prosecuting Attorney Mark Welker also voiced his concern in the original email chain with city officials. He stated his office filed charges against Salmon and argued against any bond reduction.

“This issue is extremely alarming to myself and should be addressed immediately by the (City) Council,” Welker stated.

He also stated this wasn’t the first time he voiced concern about Horman. Earlier in the email chain, Welker asked city attorney Greg Young whether he would validate a waiver of conflict after Horman made an appearance to represent a defendant in another criminal case in spring 2023. While Young’s response is unknown, Blair responded to the email, stating Horman defending people in state cases against the city’s police department “sends a horrible message to our officers".

In the email chain, Ward 1 Councilman Dan Presson asked city manager Ken Haskin and Young on April 18 what they can do about the situation. Mayor Stacy Kinder responded to Welker after Presson’s email thanking him for bringing it to their attention that same day.

“Since the issues raised concern a city employee, we cannot discuss those issues openly or in an email. I will discuss the legal issues with our administration, and we will let you all know what further communications might happen,” Kinder stated in the email chain.

According to the city’s agreement with Horman’s law office, the “law firm agrees they are an independent contractor, and shall not be considered agents or employees of the City nor shall be entitled to any benefits extended by the City to its employees.”

The Missourian reached out to Haskin, Kinder, Presson and the city attorney’s office for statements. Haskin and Kinder stated they could not comment on personnel matters, and there has been no response from either the city attorney’s office or Presson.

The council has called a special closed meeting for 4 p.m. Thursday, May 2, to "discuss confidential or privileged communications with legal counsel".

Horman of Law Office of Scott T. Horman LLC once served as Scott County associate circuit judge and is Chaffee’s city attorney.