Resignation calls mount for indicted lawmaker

JEFFERSON CITY, Mo. -- Some fellow Republicans on Thursday urged a St. Louis lawmaker to resign following his indictment on felony charges of sexual assault.

Lt. Gov. Peter Kinder was the most forceful in calling on Rep. Scott Muschany to step down.

"This alleged misconduct is reprehensible and cannot and will not be tolerated," Kinder said in a written statement. "Today, I call on my fellow Republican leaders to join me in calling for Rep. Muschany's immediate resignation from the Missouri House."

Other Republicans conditioned their denouncements of Muschany on whether the allegations are proven.

Muschany, a two-term lawmaker from suburban St. Louis, was indicted Wednesday by a grand jury in Cole County. The felony indictment accuses Muschany of having "deviate sexual intercourse" May 17 without the consent of a person identified only as "B.R.S." The St. Louis Post-Dispatch has reported that "B.R.S." is the 14-year-old daughter of a state employee who had worked for the House.

A spokesman for the Jefferson City Police Department said the investigation is ongoing, so the police report cannot be released.

The Post-Dispatch reported that police began an investigation after the girl's father called the state's child abuse hot line. The newspaper did not identify the girl because of the nature of the allegations. The newspaper interviewed the girl's family members without promises of anonymity but did not identify them because they share the same last name as the teen.

The girl's 17-year-old brother told the Post-Dispatch that his mother told him that she herself has been involved romantically with Muschany for about a year.

A spokesman for the Department of Social Services said Thursday that state law bars him from speaking about specific child abuse hot line cases.

Attempts to contact Muschany for comment were unsuccessful. His legislative assistant was working Thursday, though some of the furniture in his Capitol office appeared to have been moved out.

House members who resign from office submit a letter notifying the House clerk of their intentions. House Clerk Adam Crumbliss did not immediately return a call Thursday. But Barry Bennett, the House's director of communications, said that to his knowledge, no resignation letter had been submitted.

House Republicans this weekend will be at the Lake of the Ozarks for an annual summer meeting. House Speaker Pro Tem Bryan Pratt said that Muschany's indictment will be one of the major subjects to be discussed.

Pratt, R-Blue Springs, said in a Thursday interview before Kinder's resignation call, that if there is an "air of truth to the allegations" then Muschany should resign.

"This is a very severe felony allegation, and one of the most heinous crimes you can commit," said Pratt, who is the second-ranking House Republican.

The felony indictment handed up by the grand jury charges Muschany with a class C felony for deviate sexual assault. If convicted, it carries a sentence up of to 7 years in prison and a fine of up to $20,000.

Other Republican leaders reached Thursday before Kinder's statement said Muschany should resign if the allegations are proven true in court.

Rep. Ron Richard, who likely will be the House speaker next year if the GOP holds its majority, said in a written statement, "I cannot comprehend such behavior. It is intolerable."

Muschany was first elected to the House in 2004. He took the seat of term-limited House Speaker Catherine Hanaway, who is now the federal prosecutor in St. Louis.

Muschany was a state-licensed foster parent from May 2001 to December 2004 and from December 2005 to November 2006. State Social Services Department spokesman Brian Hauswirth said the lawmaker is no longer a foster parent because he voluntarily withdrew his license about 20 months ago.

On May 20 -- three days after the indictment accuses him of sexual assault -- Muschany abruptly announced he would not seek re-election, saying he wanted to spend more time with his wife and sons. He said he had already decided in January not to seek re-election but kept it quiet for months so as not to diminish his effectiveness in the Legislature.

During an interview with The Associated Press after removing his name from the ballot, Muschany said, "There's no scandal as far as I'm aware of. My wife and I just decided it wasn't the right time to continue."