The Quo Warranto trial to remove Sheriff Alfred Montgomery from office due to the sheriff's absense.
A motion to allow Sheriff Alfred Montgomery his release from federal custody so he could attend his trial was not granted by the judge overseeing his federal criminal case. It was not denied either, with the judge taking no action by Tuesday morning.
After an hour long meeting behind closed doors, attorneys general, Sheriff Montgomery's legal team and Judge Steven Ohmer emerged. Ohmer, who came out of retirement to oversee the quo warranto proceeding, made it clear he did not feel comfortable holding the trial without Montgomery there to defend himself.
Ohmer called Montgomery's presence crucial.
Last time Montgomery's legal team was in front of Ohmer, the judge ordered the Sheriff be temporarily removed from office ahead of this trial, saying he couldn't see how Montgomery could effectively run the department from jail.
About a week ago, Montgomery's legal team filed a motion in his federal criminal case to grant his release for the trial. Montgomery remains in federal detention, after his bond was revoked for allegedly obtaining a burner phone and retaliating against witnesses.
The motion was neither granted or denied by the federal judge, who is set to meet with Montgomery's attorneys who seek some kind of resolution to this dilemma.
Asked if the motion should've been filed sooner than a week ago. Sheriff's Attorney David Mason said they "have been known to give a month in advance."
The filing was made by Justin Gelfand, who is leading Montgomery's defense in his federal felony case. He tells KMOX a week is enough time.
"This motion was timely filed," says Gelfand "I don't believe that was the issue."
Neither Mason or Gelfand attributed the non answer to the federal shutdown.
So why the lack of an answer before the trial date? Mason chalked it up to many, greater priorities.
"The judge has priorities other than this trial," said Mason, a former judge himself, "this is a civil matter, it's a state civil matter. The judge has obviously his own docket of matters to deal with."
Mason and the rest of Montgomery's legal team met with the judge around 12:30 in the afternoon. Ultimately, the judge granted the motion to release Montgomery so he can attend his Quo Warranto trial. Gelfand said he appreciates the federal government for making accommodations to make this work.
Before adjourning Tuesday, Judge Steven Ohmer likened the dramatic quo warranto to a rainbow he saw driving past the federal court building that morning. The same building where the public last saw Montgomery before his bond was revoked. Ohmer said driving in for the trial Tuesday morning felt like he was about to reach the end of the rainbow. However, as rainbows do, the end was bent out of arms reach once more.
Ohmer scheduled everyone to return Wednesday morning at 9 a.m., with the hopes of Montgomery in attendance and the trial over his job underway.