Swingle calls for special prosecutor

Cape Girardeau County's prosecuting attorney, Morley Swingle, on Monday called for the Missouri attorney general's office to investigate 2nd District commissioner Jay Purcell for allegedly secretly recording closed county commission meetings.

In documents faxed to the Southeast Missourian, Swingle announced he wants the special prosecutor to investigate and possibly prosecute Purcell "and/or any others involved in alleged criminal activity in regard to the secret taping of closed sessions of the Cape Girardeau County Commission."

Making an electronic recording of a properly closed meeting of a public body such as the county commission violates Section 610.020 of the Missouri State Statutes. That section also requires public bodies to allow audio, video or other electronic recording during open meetings.

Recording a properly closed meeting is a Class C misdemeanor. Each offense carries a range of punishment, from one to 15 days in jail and a fine up to $300.

"The appointment of a special prosecutor does not mean that a person is guilty of a criminal offense. A person is presumed innocent, unless and until proven guilty," Swingle said in a written statement released with the court documents.

Associate Circuit Judge Gary Kamp approved the special prosecutor appointment.

As prosecuting attorney, Swingle is required to uphold laws. But Swingle is also under contract as the commission's legal counsel. On Friday, Swingle said he would not be able to pursue such an investigation because of that contract. Requesting a special prosecutor, either from a neighboring county or from the state attorney general's office, is the required action in that case, he said. Swingle has served as a special prosecutor for other counties.

Purcell expressed surprise when informed of the action at 6 p.m. Monday.

"It's interesting. I don't know why Morley didn't talk to me or call me. It's obvious people are playing hardball," he said.

Purcell announced Saturday he would ask the attorney general for advice on what to do with the recordings. He said he started recording county commission meetings to provide a more accurate record of the minutes.

"I have to do what I think is right," Purcell said. "I'm very surprised no one has consulted me [in advance of getting the special prosecutor]."

He said no one from the county has asked him to verify what is on the recordings.

"I feel very confident I will be vindicated," Purcell said. "I'm a little concerned. We're playing hardball politics at the highest level. I'm going from [prosecuting attorney Morley Swingle], who has been giving me opinions on whether I should or should not release the recordings, to him calling for a special prosecutor — after I've said I'm going to the attorney general."

Swingle did not respond to voicemail messages regarding this story.

Associate Commissioner Larry Bock said he had no comment. Presiding Commissioner Gerald Jones, contacted by phone, was in the midst of dealing with a critical family illness and unable to comment.

pmcnichol@semissourian.com

335-6611, extension 127

Have a comment?

Log on to semissourian.com/today