Case against Designated Driver owner at standstill

The case against a Cape Girardeau man charged with acceding to corruption is at a standstill after Associate Circuit Judge Michael Bullerdieck took the case under advisement Wednesday following the defendant's preliminary hearing.

Timothy C. Duffey, 46, owner of Designated Driver, is accused of sending his former employee, Tara Rucker, a letter while she was an inmate in the Cape Girardeau County Jail. In the letter, Duffey allegedly wrote that if Rucker, who was being held on felony forgery charges, paid him the $470 she owed him, he would not testify against her in court.

The letter also read that if he were forced to be a witness he would become "real forgetful."

During her testimony Wednesday, Rucker told the judge she received the letter April 5 and immediately turned it over to her attorney. After she received the letter, Rucker said, she didn't send money to or have contact with Duffey.

At her preliminary hearing 10 days after receiving the letter, the forgery charges were dismissed because Duffey didn't appear to testify.

The letter allegedly sent to Rucker was admitted into evidence after the second and final witness, Cape Girardeau Police Department detective Sean Davis, testified. Duffey's attorney, James McClellan, objected to the admission.

"There's not a foundation laid," he said. "They're asking it be admitted through hearsay."

Davis, who investigated Rucker's forgery case, testified that he was also asked to look into the letter Duffey allegedly mailed to Rucker in jail.

"I had phone contact" with Duffey, Davis said. "I asked him about this letter and if he had written this letter to Ms. Rucker. He said he wrote the letter."

Taking questions from McClellan, Davis admitted he didn't read Duffey his Miranda rights over the phone before questioning. Davis also said he didn't remember appearing for Rucker's preliminary hearing April 15.

While giving statements to the judge, Cape Girardeau County Prosecuting Attorney Morley Swingle said Miranda rights are only required during custodial interrogation.

McClellan said that normally, if a witness is not available the day of a preliminary hearing, the prosecuting attorney will ask for a continuance. In Rucker's case, her charges were dismissed.

"The position we're taking is that he didn't solicit, accept or receive any type of benefit, direct or indirect," McClellan said. "I don't think there's any proof that he intentionally disobeyed the subpoena."

Swingle argued that sending the letter is the act of solicitation.

Bullerdieck said he'd review the memorandum submitted by McClellan and report back to both attorneys once he makes a decision on whether he finds probable cause in the case.

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