Federal court document alludes to video evidence in murder case

A document filed recently in federal court suggests video evidence may exist against a Bonne Terre, Missouri, man accused of killing Cape Girardeau tattoo artist Samuel "Tick" Francis.

Melvin Scherrer, 50, faces state charges of first-degree murder and four other felonies in connection with the death of Francis, 38, whose body was found July 25, 2013, in a septic tank in rural St. Francois County, Missouri.

The murder case has been on hold while a federal drug trafficking case against Scherrer makes its way through court.

In a handwritten motion filed Nov. 7 in federal court in St. Louis, Scherrer asked the court to withdraw his appointed lawyer, John Stobbs, claiming Stobbs was withholding evidence and information from him.

"I have lost trust in counsel to represent me adequately because he has lied to me about information that could be relevant to my case, and never has time to talk with me about facts relevant to my case," Scherrer wrote.

At a Nov. 10 hearing, federal Judge Catherine D. Perry denied the motion.

In his Nov. 7 response to Scherrer's motion, Stobbs alluded to video evidence, including some surveillance footage that could be relevant to the murder case.

In the written response, Stobbs said he and Scherrer met with assistant federal prosecutor Jeannette Graviss on Oct. 9 to view videos Scherrer had made of activities in his home, including "purported drug use" and footage of Scherrer -- a felon -- handling and loading a firearm.

Stobbs' response also indicates Graviss has "hundreds of hours" of surveillance video agents recorded with a pole camera but does not plan to use any of it in the federal case.

Stobbs implied the surveillance video could contain evidence related to Francis' death.

"The only 'real' value that the pole camera evidence might have would be for the state murder charge presently pending against defendant in St. Francois County," Stobbs wrote.

Stobbs is representing Scherrer on the federal charges, but a different attorney will represent him in the murder case.

On Nov. 5, "Ms. Graviss confirmed that the government would not introduce any evidence obtained from the pole camera video," Stobbs wrote. "As such, the undersigned feels it is a moot point, and if defendant desires the pole camera video, he should request same from his attorney representing him on the state murder charge."

It was not immediately clear who that attorney is.

Online court records list Mark Joseph Byrne as Scherrer's attorney in the state case, but a docket entry dated May 7 shows Byrne filed a motion to withdraw from the case.

Francis disappeared Dec. 17, 2012.

On July 24, 2013 -- a day before Francis' remains were found -- investigators executed a search warrant at Scherrer's home, turning up two large packages of methamphetamine and a .22-caliber semiautomatic handgun.

It is not clear whether the federal investigation led to the discovery of Francis' body or whether authorities believe his death was related to Scherrer's alleged drug activity.

One of Scherrer's co-defendants in the murder case, Brent Bouren of St. Louis, pleaded guilty in March to a pair of federal drug charges, including one count accusing him of conspiring with Scherrer and several other people to distribute methamphetamine.

Bouren is awaiting sentencing in the federal case.

Bouren faces state charges of second-degree murder, armed criminal action, witness tampering, second-degree assault and felonious restraint in connection with Francis' death. A trial setting in that case is scheduled for Dec. 3 in St. Francois County Circuit Court.

A third suspect in the Francis case, Otto Plopper of French Village, Missouri, faces a single charge of felony abandonment of a corpse.

Plopper's case is set for preliminary hearing Nov. 25 in St. Francois County Circuit Court.

epriddy@semissourian.com

388-3642

Pertinent address:

Bonne Terre, Missouri