Judge rejects motion for new prosecutors in tattoo artist murder case

St. Francois County Circuit Court Judge Sandra Martinez denied a motion from murder suspect Melvin Scherrer’s defense team and said she would review two others.

Scherrer, 51, of Bonne Terre, Missouri, is accused of killing Cape Girardeau tattoo artist Samuel Francis in 2013. Francis’ body was found in a septic tank July 25, 2013, near Bonne Terre. According to a probable-cause statement filed by the Missouri State Highway Patrol, witnesses said Scherrer struck Francis with a baseball bat and taped Francis’ hands and eyes at Scherrer’s Bonne Terre home. Francis was dragged away while he still was alive, according to the statement.

Francis’ body was discovered shortly after an FBI investigation of drug activity of the Saddle Tramps Motorcycle Club, of which Scherrer was a member. Scherrer was convicted of several federal drug charges in December 2014 in St. Louis, including conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, two counts of felony possession of a firearm and one count of possession of a firearm while in commission of a drug crime. He was sentenced to 30 years in federal prison in August 2015.

Scherrer faces St. Francois County charges of first-degree murder, armed criminal action, felonious restraint, abandonment of a corpse and tampering with physical evidence.

Martinez denied defense attorney Charles Hoskins’ motion to dismiss St. Francois County prosecuting attorneys in the case because they were “vindictive.”

Samuel Francis

“Counsel is trying to shop for a prosecutor that would not pursue the death penalty,” Prosecuting Attorney Jerrod Mahurin said.

Hoskins also filed a motion to move Scherrer back to federal prison in Forrest City, Arkansas, at Scherrer’s request. Martinez expressed concerns Scherrer would not be released for hearings in St. Francois County, especially if Scherrer’s appeal of his federal charges gained traction.

“I’ve dealt with them long enough to know it’s very difficult,” Martinez said of federal prison officials. “The court has almost zero control on what the feds do.”

Martinez said, however, she would consider the motion with an assurance from a prison official Scherrer could be transported when needed.

Defense attorney Cynthia Dryden filed a motion for discovery and said she would put together a list of the top items she needed before depositions could begin. Dryden said she has been unable to obtain documents and other evidence from federal prosecutors.

Dryden said Scherrer has much of the documentation the defense needs in his cell in Arkansas.

Martinez instructed Dryden to put together the list and then she would set a 30- or 60-day deadline for those documents to be produced by the prosecution. Martinez set another motion hearing for 1 p.m. Aug. 5.

“We’ve had cases where depositions were done too soon, and we need to go back and do a second deposition,” Martinez said. “That’s a waste of everyone’s time and money.”

bkleine@semissourian.com

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