Alfred Montgomery is out as St. Louis City Sheriff until his Quo Warranto trial on November 18th, after Judge Steven Ohmer took issue with the logistics of Montgomery serving as sheriff while remaining in federal custody.
Sheriff's Attorney David Mason says they have been talking to Montgomery daily and bringing him paperwork he needs to sign and insist that system has been working.
"If [high staff] need to get his direction on something we'd go to him anyway, walk up to his office... so we're just doing it by telephone."
While Mason insisted this worked fine during the two weeks Montgomery has been in federal custody on felony charges, there is no timeline for his release. No trial date has been set for Montgomery's federal case, and he will remain incarcerated until that time or if their appeal is successful.
What happens to the office should Montgomery remain in jail for months? Can Montgomery effectively run the office while not stepping in there for months?
"So far so good," Mason replied when posed this question, "so the answer... is yes."
However, Judge Ohmer wasn't buying it, shaking his head while Mason pleaded his case against Montgomery's removal.
Ohmer was concerned by Montgomery not being able to have "independent judgement," while relying solely on calls from his attorneys to represent the department's operations. He also said the office "should not be wallowing in limbo," with the sheriff behind bars for an unknown period of time.
All summary judgement were denied by Ohmer, again insisting he needs to see evidence at trial before he removes Montgomery from office permanently.
While Montgomery was not in attendance for this hearing, his attorney David Mason says he will be there for the trial, whether or not he is still behind bars. Does he plan to testify?
"We'll have him present in the courtroom and we'll make a decision on the floor as to whether we think it is in his best interest to testify."
Ohmer ordered Presiding Judge Chris McGraugh to confer with Chief Robert Tracy and Circuit Attorney Gabe Gore to pick a new interim Sheriff. McGraugh named John Hayden, the former Chief of Police, as the new interim Sheriff.
Mason had warned during the trial and again outside the courthouse about naming an interim sheriff other than Yosef Yasharahla, who Montgomery appointed himself when his bond was revoked. However, when asked about Hayden's appointment, Mason said he had no concerns with it.
Attorney General Catherine Hannaway released a statement praising Judge Ohmer's decision, saying "a sheriff under federal indictment facing a quo warranto proceeding, and sitting in jail cannot credibly lead a law enforcement agency."