O'Fallon, Mo., ordered to hand over police employee records in lawsuit

By Shane Anthony
ST. LOUIS POST-DISPATCH
07/31/2007

O'FALLON, MO. — City officials must turn over current and former police officers' personnel records to a man suing the officers and the city over his own privacy, a judge has ruled.Circuit Judge Ted House overruled most of the city's objections to a request for documents that included the employee files of former Police Chief Steve Talbott, former Maj. Mark Henke, former Officer Jeffrey Allen and two current officers — Sgt. Tom Otten and David Goewert. The civil case deals with whether Henke, Allen, Otten and Goewert obtained an arrest record for Tom Wilkerson, the owner of Trigg Catering, that was supposed to be closed.House also ordered the city to turn over 10 years of contracts between O'Fallon and Allen, or his business, Network Real Estate LLC. He also upheld a motion to dismiss the suit against St. John. House's order said O'Fallon does not have to produce a copy of all reports or memos about the disclosure of Wilkerson's information by city employees.Wilkerson accused O'Fallon and St. John, as well as Henke, Otten, Goewert and Allen, of invading his privacy, libel and improperly obtaining his confidential arrest record. Talbott was accused in July 2005 of delaying a drug overdose investigation involving Kacie Kissell, daughter of a police association lobbyist. Talbott denied any wrongdoing. Kissell is serving an eight-year prison sentence for her role in the case, in which a man died.Wilkerson's suit said the officers supported the chief and believed Wilkerson had the power to influence Mayor Donna Morrow and the Board of Aldermen in disciplining the chief.The suit says Goewert and Henke accessed Wilkerson's confidential arrest record from the St. John Police Department. It also says Allen went to the St. Louis County Courthouse to get arrest code charges from a courthouse clerk. Wilkerson was arrested in 1990 on suspicion of unlawful use of a weapon. He was never charged.The suit also says Otten created an anonymous e-mail address and sent a letter about Wilkerson to the Board of Aldermen in an attempt to persuade them not to fire Talbott. The e-mail falsely said Wilkerson pleaded guilty on several felony counts, the suit says.Otten and Goewert later were charged with misdemeanors regarding the records, but the charges were dropped. House's order requires the city to produce the employee files and discipline records within 15 days, but they are not to be disclosed publicly.House's order released St. John from the lawsuit, saying Missouri's Sunshine Law provided no relief in a civil case for disclosing a closed record. Larry A. Bagsby, who represents Wilkerson, said he is likely to appeal that ruling, although that will take time.Wilkerson is seeking at least $156,000.

Watchdog Response: The Watchdog wonders if yet again the citizens best interest will fall to the wayside of more political gamesmanship? This should proven to be an interesting battle between Mayor Morrow and her supporters and Bill Hennessy and his circle of supporters.